Officer Planning Report

Application No.:	11/01366/A
Applicant:	Cynthia Holloway-Jones
Proposal:	Approval in principle for erection of a dwelling
Site Address:	Land At Loughcroute Jurby East Isle Of Man

Officer's Report

The Site

1. The site is part of the garden of an established dwelling - Loughcroute - which sits on the southern side of the B3 highway which runs west from Andreas to the Jurby coast road (A10). Loughcroute has a curtilage of 1.8 acres which stretches across a frontage to the B3 of 120m.
2. Immediately to the east of the property is a newly built dwelling - Read Ellan - which replaced one previously on the site. To the east is a long field which is also within the ownership of the applicant. The land owned by the applicant extends to the south of the site, including a small pond.
3. The application site extends to 0.3 acres and is effectively the eastern part of the garden. There is a thick tree belt at the western edge of the site which is otherwise lawned. The site has a frontage to the highway of around 34m.

The Proposal

1. Proposed is the principle of the erection of a dwelling on the site. No background information has been provided nor justification for setting aside the policies against development in the countryside (see below). In pre-application discussions where the applicant indicated her desire to seek permission for a new dwelling, the applicant was directed towards the site of the application, rather than land to the south or west of the residential curtilage on the basis that at least the application site was within the residential curtilage rather than representing undomesticised open space.

Planning Policy

1. The site lies within an area designated as "white land" on the Town and Country Planning (Development Plan) Order 1982, that is, not designated for development. To the south west is an area of ecological importance.
2. As such, there is a presumption against development outside defined settlements as set out in the following policies of The Strategic Plan - Towards a Sustainable Island:

i. Strategic Aim: "To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting,

Case Officer:	Miss S E Corlett
Photo Taken:
Site Visit:	04.08.2011
Expected Decision Level:	Officer Delegation

and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."

ii. Strategic Policy 1: "Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and re-using scarce, indigenous building materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services".

iii. Strategic Policy 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3".

iv. Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to:

a) minimise journeys, especially by private car; b) make best use of public transport; c) not adversely affect highway safety for all users, and d) encourage pedestrian movement."

v. Spatial Policy 5: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."

vi. General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

a) essential housing for agricultural workers who have to live close to their place of work (Housing Policies 7, 8, 9 and 10) b) conversion of redundant rural buildings which are of architectural, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental and where the development proposed would result in improvements to the landscape or wider environment d) the replacement of existing rural dwellings (Housing Policies 12, 13 and 14) e) location-dependant development in connection with the working of minerals or the provision of necessary services; f) building and engineering operations which are essential for the conduct of agriculture or forestry g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative and h) buildings or works required for interpretation of the countryside, its wildlife or heritage".

vii. Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

viii. Housing Policy 4: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (1) of these towns and villages where identified in adopted Area Plans: otherwise new hosing will be permitted in the countryside only in the following exceptional circumstances:

a) essential housing for agricultural workers in accordance with Housing policies 7, 8, 9 and 10; b) conversion of redundant rural buildings in accordance with Housing Policy 11; and c) the replacement of existing rural dwellings and abandoned dwelling in accordance with Housing Policies 12, 13 and 14."

ix. Sustainable Urban Extensions are defined in the Definitions and Glossary of Terms as involving "the planned expansion of a city or town and can contribute to creating more sustainable patterns of development when located in the right place, with well planned infrastructure including access to a range of facilities, and when developed at appropriate densities."

ix. Environment Policy 7 states: "Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:

a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; b) details of pollution and alleviation measures must be submitted; c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species."

Planning History

1. Planning permission was sought for the conversion of part of the existing garage to an en-suite bedroom under PA 87/1325.

Representations

1. Highways and Traffic Division request a deferral pending further information regarding parking and visibility sprays.
2. Department of Environment, Food and Agriculture Forestry, Amenity and Lands Directorate recommend that if planning permission is granted the road and lane hedge trees are retained and the dwelling is placed so as to avoid damage to these trees. They also note that there is a pond to the south of the site which is likely to have interest for wildlife and any development must be at least 8m from the pond.

Assessment

1. The site is not designated for development so there is a presumption against what is proposed. With no reasoning for setting aside the presumption against development, it is difficult to justify a recommendation for approval of this application.
2. The information provided is also limited in terms of quite where a dwelling could be erected without affecting trees within the site or the water course which dissects the area edged red and from which any development should be 8m away. There is also limited information on access and visibility sprays. It is clear however, that there is sufficient space between the eastern boundary of the area edged red and the existing house which is within the area edged blue, to erect a dwelling without affecting trees or the pond, which is possibly what was intended by the application.

1. Whilst the site lies between two existing sizeable dwellings, the area is not a sustainable one or where further development would generally be permitted. With no justification for setting aside the policies against development in the countryside, it is recommended that the application is refused.

Party Status

1. The local authority, Jurby Parish Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. Department of Environment, Food and Agriculture Forestry, Amenity and Lands Division is a statutory authority and raises material planning considerations and as such should be afforded party status in this case.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 04.11.2011

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

R 1.

The erection of a dwelling on this site would represent an unwarranted development in the Island's countryside and would be contrary to both the land use provisions of the Isle of Man Planning Scheme (Development Plan) Order 1982 and to the provisions of the Island Strategic Plan, in particular to the Strategic Aim, Strategic Policies 1c, 2 and 10, Spatial Policy 5, General Policy 3, Environment Policy 1 and Housing Policy 4. Approval of this application would thus establish a precedent for further unwarranted development in the Island's countryside.

R 2.

There is insufficient information contained within the application to be able to be confident that a proposed dwelling could be erected with the appropriate safe access and egress and without adversely affecting existing hedgerows and trees of wildlife interest or the existing watercourse which runs through the site.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager.

Signed : Michael Gallagher Director of Planning and Building Control

OR

Signed : J. Maurice Jennifer Chance Development Control Manager