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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/01283/A Applicant : Mr & Mrs Douglas Burns Proposal : Approval in principle for the erection of a detached dwelling, addressing means of access Site Address : Water Gardens Jurby Coast Road Jurby West Isle Of Man IM7 3AS
Principal Planner: Mr Chris Balmer Photo Taken : 14.02.2019 Site Visit : 14.02.2019 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 15.02.2019 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Reason: To avoid the accumulation of unimplemented planning approvals.
C 3. Approval of the details of siting, design, external appearance of the building, internal layout, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
C 4. The new dwelling must be single storey.
Reason: To ensure the visual impact of the development has a reduced impact to the landscape and the wider environment.
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Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers 01, 01(IOM Groundworks) 02 and 03 received on 6th December 2018 & 13th December 2018. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE MEMBERS AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL.
1.0 SITE 1.1 The application site forms part of the existing curtilage of Jurby Water Gardens which is located along the north western side of the Jurby Coast Road with the settlement of Jurby located to the northeast of the site.
1.2 The site is heavily developed which includes large single storey green houses, polytunnels, sheds, ponds, large expanse of gravel area for parking spaces/turning facilities. In terms of area the site equates to 3060sqm and the total area covered by buildings is 800sq m (main greenhouse makes up 720sq m) and the hardstanding area makes up a further 912sq m of the total. There is also wind break fencing to the north of the site.
1.3 There is an existing access which is 6.5m wide which accesses directly onto the Jurby Coast Road.
2.0 PROPOSAL 2.1 The application seeks approval in principle for the erection of a detached dwelling to replace the existing Water Gardens buildings. Access is also a matter to consider at this stage. All other matters are reserved (design, siting, internal layout, landscaping, drainage & external appearance). An indicated section plan has been included, which indicates how a single storey detached dwelling, with a "L-shaped" footprint could appear in relation to the existing building.
3.0 DEPARTMENT POLICIES 3.1 The application site is within an area to which the Isle of Man Planning Scheme (Development Plan) Order 1982 still applies. The application site is not designated for development within the 1982 Order. The site is not within a Conservation Area but is within an area of High Landscape Value or Coastal Value and Scenic Significance.
3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:
3.3 Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."
3.4 Environmental 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
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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."
3.5 Environment Policy 2 states: "The present system of landscape classification of Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's) as shown on the 1982 Development Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that:
(a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential."
3.6 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, 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."
3.7 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 housing 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 dwellings in accordance with Housing Policies 12, 13 and 14."
3.8 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
3.9 Transport Policy states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.
The current standards are set out in Appendix 7."
4.0 PLANNING HISTORY
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4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.
5.0 REPRESENTATIONS 5.1 Jurby Parish Commissioners (received on 16.01.2019) have no comments or objections to the application.
5.2 Highways Division originally raised concern (04.02.2019); however, following further discussions between the Department and Highways Services they have no objection to the application making the following comments (14.092.2019):
"Further to the previous highway response dated 4/2/19 for the above application, and our subsequent discussion confirming that no more than one dwelling could be provided on the site as part of a future reserved matters application, I can confirm that there is no highway objection to the proposal as the single dwelling should create less traffic than the existing garden centre use."
6.0 ASSESSMENT 6.1 Fundamentally, in terms of planning policy there is a long established presumption against new residential development in the countryside. As identified earlier within the planning policy section of this report, this presumption against is set out in four different ways. Firstly, the application site is not zoned for residential development under the IOM Development Plan 1982 and therefore Environment Policy 1 requires consideration. This policy indicates that the countryside and its ecology will be protected for its own sake, 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. Secondly, General Policy 3 of the Isle of Man Strategic Plan, states that in such areas new dwellings will generally not be permitted. Thirdly, the site is not identified in an adopted Area Plan as being within a town, village, or within a sustainable urban extension and therefore contrary to the exceptions indicated in Housing Policy 4. Fourthly, the site is zoned within an area of High Landscape or Coastal Value and Scenic Significance and therefore Environment Policy 2 requires consideration. This policy indicates that within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that: (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential.
6.2 The proposed dwelling does not serve a viable agricultural holding nor replaces an existing dwelling and therefore there are no special circumstances to warrant the setting aside of the presumption against development. The development proposed by this planning application could be considered to be contrary to the current policies of the Department.
6.3 However, General Policy 3 paragraph (C) would has been suggested by the applicants as why the proposal would fit planning policy. This section of GP3 indicates that; "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;". Further, Under appendix 1 of the Isle of Man Strategic Plan the term is defined as:-
"Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.
The definition includes defence buildings, but excludes:
o Land that is or has been occupied by agricultural or forestry buildings.
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o Land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures. o Land in built-up areas such as parks, recreation grounds and allotments, which, although it may feature paths, pavilions and other buildings, has not been previously developed. o Land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings).
There is no presumption that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed."
6.4 It is considered the site and associated buildings, structure, signage and large hardstandings would all meet the definition of "previously-developed land" and therefore the principle of a dwelling on this site is considered acceptable. The size, height, design etc are all matters which would be considered at a later date; however, it is considered a single storey dwelling, perhaps of a contemporary design/finish/form with a low level pitch/flat roof, as suggested by the applicants, would fit well within the site and potentially meet the requirement of having a reduced and improved impact upon the landscape and wider environment.
6.5 Further, with careful design of any dwelling with less overall built development within the site it is considered it is very possible to reduce the impact of the current situation on the landscape or the wider environment.
6.6 In term of redundancy the applicants have provided a statement in their submission where they have indicated that they owned and operated the water gardens since 1993. However, in recent years business has fallen due to market changes and shopping habits. Due to this and also health reasons and reaching retirement age they decided to sell the business as a going concern. They advertised the business with Hilton Smythe Commercial Estate Agents on 7/9/16 for a year as well as advertising on the IOM and in UK with not one enquiry of interest. After the 12 month marketing contract finished, they advertised it in all the local newspapers and internet sites for a period of another year with little or no success. However, since this time they have been advised that the building is no longer fit for purpose and due to health reasons, they decided to close the business. Again, it would appear clear that the applicants have tried for a number of years to sell the business without success. Further, the buildings within the site are not conducive for other uses, i.e. compared to an industrial building which could be used for a variety of uses. Furthermore, the site is not in a particularly sustainable location, being within the countryside. It is likely that if the application for a water garden was being proposed today, on this site, there would be likely to be concerns of its location and it not being within a sustainable location, closer to large settlements. Accordingly, replacing it with a single dwelling, which in turn will likely reduce the amount of visitors/staff going to and from the site, would be more sustainable.
6.7 Overall, it is considered the proposal for a single dwelling on this site would meet the tests of "previously-developed land" and with careful design dwelling in the future would result in a significantly improvement to the environmental and landscape and a more sustainable form of development.
6.8 The comments from Highway Services are noted; the site and its recent use would likely have generated substantially more traffic than a single dwelling. No alterations are being proposed to this existing access. Accordingly, given less vehicles would be utilising this existing access, it is reasonable to consider the proposal represents an improvement to highway safety. The site can also easily provide adequate parking (2 spaces) and turning faculties. Accordingly, from these respects the proposal is considered acceptable.
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7.0 CONCLUSION 7.1 It is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan for the reasons set out in this report, it is recommended that the application be approved.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted
Committee Meeting Date: 04.03.2019
Signed : S CORLETT Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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