Officer Planning Report Recommendations

Planning Report And Recommendations {{table:366992}} {{table:366991}}

Officer's Report

The Application Site

1. The application site comprises the residential curtilage of a detached dwelling located on Kennaa Road in German.

The Proposal

1. The proposal comprises the demolition of an outbuilding and the erection of a building to provide tourist accommodation.

Planning History

1. Whilst the application site has been the subject of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.

Planning Policy

1. In terms of land use designation the application site is not designated for any site specific purpose under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982. The site is located within a wider area of land that is classified as being of high landscape or coastal value and scenic significance.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application.

1. General Policy 3 states:

"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, historic, or social value and interest; (Housing Policy 11);

• (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; 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-dependent 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." 7. Business Policy 11 states: "Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted."

Representations

1. The Department of Infrastructure Highways Division do not oppose the planning application.
2. The owners and/or occupants of 33 Ballaquark, which is located in Douglas, object to the planning application. The grounds for their objection can be summarised as concern that the proposal is contrary to planning policy.

Assessment

1. The planning application seeks planning approval for the erection of a building to provide tourist accommodation within the application site. The proposed building would replace an existing outbuilding, it should be noted that tourist accommodation constitutes residential development in terms of planning. No justification or explanation of the proposal has been submitted with the planning application.
2. The starting point for assessing the proposed development is the principle of development. As can be seen the application site constitutes the residential curtilage of an existing dwelling located within the countryside. In terms of planning policy there is a longstanding presumption against development within the countryside, with the presumption against development outside of areas designated as such being set out by General Policy 3 of the Isle of Man Strategic Plan 2007. However, as there are eight exceptions within the policy to this presumption against development it is necessary to consider whether the proposal is acceptable under one or more of these. In terms of this the erection of a dwelling (tourist or otherwise) to replace an outbuilding is not one of the listed exceptions. As such, the proposal is contrary to the presumption against development outside of areas designated for development set out by General Policy 3, which constitutes grounds for the refusal of the planning application.
3. As confirmed by Business Policy 11 the fact that planning application proposes tourist related development does not confer any special treatment and such proposal must be assessed against the policies and provisions of the Isle of Man Strategic Plan 2007. There are therefore no special grounds to set aside the presumption against development outlined above.

Recommendation

1. It is recommended that the planning application be refused.

Party Status

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Department of Infrastructure Highways Division; and The owners and/or occupants of 33 Ballaquark.

Recommendation

Recommended Decision: Refused Date of Recommendation:

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 proposed development constitutes the erection of a new dwelling within an area not designated for development under the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982. As the proposal does not constitute one of the exceptions listed under General Policy 3 of the Isle of Man Strategic Plan 2007, the proposal represents unwarranted development outside of an area designated for development.

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

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