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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00098/A Applicant : Mark & Rosina Casson Proposal : Approval in principle for erection of dwelling and ancillary shed addressing siting, design, and means of access Site Address : Field 614795 Ballamenagh Road Baldrine Isle of Man
Planning Officer: Mr Owen Gore Photo Taken : 04.04.2019 Site Visit : 04.04.2019 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 16.05.2019 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The proposed erection of a dwelling, in the open countryside is not considered acceptable in principle. The proposal would unacceptably harm the characteristics of the existing site, the character and quality of the landscape within the Area of High Landscape or Coastal Value and Scenic Significance and the rural character of the surrounding countryside. The proposal therefore conflicts with Strategic Policy 2, General Policy 3, Environment Policy 1, Environment Policy 2 and Housing Policy 4 of the Isle of Man Strategic Plan 2016.
R 2. The applicant has not demonstrated that the access that will serve the development would be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner. The proposal therefore conflicts with Transport Policy 4 of the Isle of Man Strategic Plan 2016.
R 3. The applicant has not provided sufficient ecological information to adequately determine that the proposed development would not result in an adverse and/or significantly harmful impact to protected species or their habitats, which are either directly using the site and/or the existing watercourse, or in the surrounding area. The proposal therefore conflicts with Environment Policy 4 and Environment Policy 7 of the Isle of Man Strategic Plan 2016.
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Interested Person Status - Additional Persons
It is recommended that the following organisation should not be given Interested Person Status as they are considered not to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
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The Manx National Heritage as they do not own or occupy property that is within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status (July 2018). __
Officer’s Report
THE SITE 1.1 The application site is includes part of Field 614795, although the remainder of this field is thought to be within the applicant's ownership. The site is bounded to the west by Ballamenagh Road and to the north by Old Lonan Church Road; this road leads down to Registered Building No 013 - St Adannans.
1.2 The applicant has described the site as previously developed land that forms a 'Builders Yard', although there doesn't appear to be any record of a certificate of lawfulness to confirm that this is the lawful use. The site history indicates that that there was a proposal to tip on the site, which was refused and the inspector noted that there may have been an intention to use the site for storage; however this did not form part of this application and there has been no follow up application to change the use of this agricultural field. During the officer's site visit it was noted that there was building materials and waste from the construction industry on the site; however this does not specifically infer a change in the lawful use of the site.
THE PROPOSAL 2.1 The proposal is for an approval in principle for the erection of a dwelling and ancillary shed/garage; the current application addresses the siting, design, and means of access, with all other matters to be reserved.
2.2 The submitted plans show a dormer type dwelling to the southern part of the redline application site, halfway down field 614795. To the north of this building is a single storey shed/garage on the western boundary of the site. The submitted plans states the materials to be used on the elevation as a mix of facing stone and smooth render; the window frames will be charcoal grey aluminium; there will be a timber door; and the roof will be finished in aluminium standing seam, with square profile aluminium gutters and down pipes.
2.3 The shed/garaging will be of an agricultural style with timber cladding to the sides with a steel roof.
2.4 The applicant has stated that the intention is to create a dwelling to cater for the specific needs of the applicant and their family. They also state that their intention is to create a high grade energy efficient dwelling and improve the surrounding ecology.
PLANNING POLICY 3.1 The application site is shown on the Laxey and Lonan Local Plan 2005 Lonan Map as 'Open Space/Agricultural Use' and within an 'Area of High Landscape Value and Scenic Significance'. The site also appears to be within an Area of Ecological Interest. As the site is not zoned for development General Policy 3 applies to this proposal; this policy states that 'Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: -
(c) previously developed land(1) which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current
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situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
Appendix 1 provides the definitions and a glossary of terms used in the Strategic Plan; within this section the following definition is given for Previously Developed Land: -
'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 continues: -
The definition includes defence buildings, but excludes: o Land that is or has been occupied by agricultural or forestry buildings. 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.
3.2 Strategic Policy 1 states that '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(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services.
3.3 Strategic Policy 2 states that 'New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3'.
3.4 Strategic Policy 4 states that 'Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance'.
3.5 Strategic Policy 5 states that 'New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies'.
3.6 Strategic Policy 11 states that 'The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026'.
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3.7 Spatial Policy 5 states that 'New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3'.
3.8 Environment Policy 1 states that 'The countryside and its ecology will be protected for its own sake...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'.
3.9 Environment Policy 2 refers to Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's); this policy states 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'.
3.10 Environment Policy 4 states that 'Development will not be permitted which would adversely affect:
(a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.
(b) species and habitats of national importance: (i) protected species of national importance or their habitats; (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land.
(c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats.
Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward'.
3.11 Environment Policy 7 states that 'Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could 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'.
3.12 Housing Policy 1 states that 'The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of
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demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026'.
3.13 Housing Policy 2 states that 'The Department will seek to ensure an adequate supply of housing land, based on the level of provision indicated in Housing Policies 1 and 3...'.
3.14 Housing Policy 3 states that 'The Island's housing need of 5100 additional dwellings between 2011 and 2026 is to be met by a spatial distribution of housing across the North, South, East and West as follows:
East - 2,440
3.13 Housing Policy 4 states that 'New housing will be located primarily within our existing towns and villages... 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'.
3.14 Transport Policy 4 states that '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'.
PLANNING HISTORY 4.1 The previous planning application ref: - 05/00047/B for the 'Levelling of land and creation of boundary hedge' is considered to be specifically material in the assessment of the current application; this application was refused at Planning Committee on 11.11.2005 and the appeal was dismissed by the minister and upheld the original decision on 12.06.2006.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they oppose the application, in the letter dated 03 April 2019.
The comments continue: -
'Highways services opposes the application on highway safety grounds as the proposed garage/shed would adversely affect the highway visibility of the existing site access junction to the south'.
5.2 Garff Commissioners have commented on this application and stated that they object to the proposal, in the letter dated 22 February 2019. The comments continue: -
'The Commissioners opposes the proposal in the application as the land is not zoned for development. Additionally, the proposals are contrary to the controls intended in various Housing Policies in the Isle of Man Strategic Plan'.
5.3 The Ecosystems Policy Team have commented on this application, in the email dated 14 February 2019 and stated that the photographs provided show habitat suitable for common lizards and nesting birds. They recommend that a Preliminary Ecological Survey (PEA) is undertaken prior to the determination of the application; the survey should consider and recommend whether additional surveys/protection plans are required.
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5.4 Manx National Heritage have also commented on the application in the letter dated 26 February 2019 and stated similar to the above comments from the Ecosystems Policy Team; they have recommended that a Preliminary Ecological Survey (PEA), or preferably an Ecological Impact Assessment (EcIA) is undertaken, having regard to the habitats suitable for common lizards and nesting birds.
ASSESSMENT 6.1 The key issues for this proposal are principle and the impact to the open countryside, both in terms of its visual impact on the Area of High Landscape Value and Scenic Significance, and the impact to habitats and protected species generally and within the Area of Ecological Interest.
The principle of development 6.2 The application site is not zoned for development. General Policy 3 prohibits any development within areas that are not zoned for development except those specifically stated in the policy.
6.3 Due to the history of the site, as described by the applicant, they have argued that the site is previously-developed land. The applicant has not provided a certificate of lawfulness to demonstrate that the lawful use of the site is as they have described, a builders yard. Even if this appears to be the case when visiting the site or that they can show that the use is now outside of enforcement control, this does not mean that the alleged use is automatically lawful.
6.4 Therefore the lawful use is still considered to be agricultural. In terms of the proposal for a new dwelling, the applicant has not applied for essential housing for agricultural workers; it is not for the conversion of redundant rural buildings which are of architectural, historic, or social value and interest; and it is not for the replacement of an existing rural dwelling. Therefore the proposal does not meet the requirements of General Policy 3.
6.5 Even if the site is taken as previously developed land, the requirements that are set out in General Policy 3 for the redevelopment of previously developed land on sites that are not zoned for any use are that must contain a significant amount of building; that the applicant must demonstrate that the continued use is redundant; that redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and that the development proposed would result in improvements to the landscape or wider environment.
6.6 There are no 'buildings' on the site as defined in the Town and Country Planning Act 1999; at the time of visiting there were three metal containers and the remnants of a horticulture style poly-tunnel, none of which constitute a structure or erection, they are not permanent or have any substantial foundations. Therefore the site does not contain a significant amount of building.
6.7 The applicant has indicated in the submission that 'an ancillary shed is proposed for the parking of vehicles and storage of equipment and materials used by the owner in his business as a plasterer'. If the site is accepted as previously-developed land, although this is considered not to be the lawful use, the submission seems to indicate that the continued use is not redundant.
6.8 The applicant has described the improvements to the site in terms of removing building materials; however as previously stated, although they believe that the activities observed on site, the storage of materials and use as a builders yard, have been carried out on the site for more than 10 years and are therefore outside of enforcement action, the applicant has not demonstrated this through a certificate of lawfulness and established this as the lawful use.
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6.9 Therefore the benefits of tidying up the site in an attempt to reduce the impact of the current situation on the landscape or improve the landscape or wider environment, are proposing to rectify an unlawful development.
6.10 The proposal is for a new dwelling in the open countryside and within an Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's). The site is not zoned for development and it is not located within any defined settlement. The location for the development is not essential and it would harm the character and quality of the landscape. The dwelling does not meet the exceptions within General Policy 3 or the exceptional circumstances within Housing Policy 4. Therefore the principle for the proposed development is not acceptable.
Character and appearance 6.11 The applicant has included the siting and design as part of this application; therefore despite the above this has been assessed.
6.12 The siting of the buildings shows two significantly large buildings on this site. The dwelling is set back 5m away from the boundary at its closest point, with a 23m long elevation parallel with the highway and the garage is set 2m away at its closest point, with a 12.6m elevation immediately fronting the highway. The ground level of the site is shown on the submitted plans as being 97.75 FFL, the ridge height of the shed as 101.97 and the ridge height of the dwelling 104.00.
6.13 The site is bounded to the west by a Manx sod hedge and the level of the highway appears to be lower still than the site. The existing containers and poly-tunnel are approx. 2m tall and are very visible and incongruous on the streetscene and therefore a larger 4m tall shed and 6m tall dwelling on in this location would have a significant harmful impact on the character of this rural site and the wider countryside.
6.14 The proposal would unacceptably harm the characteristics of the existing site, the character and quality of the landscape within the Area of High Landscape or Coastal Value and Scenic Significance and the rural character of the surrounding countryside.
Parking and highway safety 6.15 The applicant has included the means of access as part of this application; therefore despite the above this has been assessed. The application has been assessed in light of what is considered to be the current, lawful use of the site.
6.16 The highways officer has reviewed this proposal and has objected to the development. they have noted that the site access is existing and would remain unchanged; however they state that 'the proposed garage/shed would adversely affect the highway visibility of the existing site access to the south as it would be within the visibility splay area. The visibility splay shown on the proposed plans is not in accordance with the 'Design manual for Roads and Bridges' (DMRB) visibility standards which are appropriate for the site location'.
6.17 The applicant has not demonstrated that the access that will serve the development would be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner.
Ecology 6.18 The submitted information discusses the ecological impact and states that there has been consultation with the Environmental Protection Unit and the Inland fisheries team, although no copies of correspondence have been provided and only a few details have been included. No consultation appears to have been carried out with the ecology team.
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6.19 The ecology team and Manx National Heritage have stated that the photographs provided show habitat suitable for common lizards and nesting birds. They have advised that a Preliminary Ecological Survey (PEA), or preferably an Ecological Impact Assessment (EcIA) be carried out prior to issuing a decision, but however has not been provided with the application.
6.20 Environment Policy 4 states that 'Development will not be permitted which would adversely affect species, protected or otherwise, and habitats of local, national or international importance, including landscape features of importance to wild flora and fauna. The site is shown on the Laxey and Lonan Local Plan 2005 Lonan Map as within an Area of Ecological Interest. The applicant seems to have awareness of the sensitivity of the site and the surrounding countryside and therefore the correct assessments should have been carried out by a competent professional prior to the submission of the application to allow for the appropriate consideration.
6.21 The applicant has included some details regarding the potential harm to a watercourse; however, as above, the correct assessments should have been carried out by a competent professional and details provided with the application to allow for the appropriate consideration.
6.22 The applicant has not adequately demonstrated that the proposed development would not adversely affect species, protected or otherwise, and their habitats and/or the adjacent watercourse, in accordance with Environment Policy 4 and Environment Policy 7.
Setting of a Registered Building 6.23 The application site is within the setting of the Registered Building No 013 - St Adannans, which has been highlighted in the applicant's submission. Without the benefit of advice from a Registered Building Officer, although each is visible from the others site, the direct impact to the historic asset is questionable due to the lack of a specific public vantage point where both are clearly apparent; there are opportunities to view each site in the wider landscape, but it is considered that the proposal wouldn't directly impact the enjoyment of the Registered Building.
CONCLUSION 7.1 The application site is not within a defined settlement and does not me the exceptions listed in General Policy 3. The proposal would unacceptably harm the characteristics of the existing site, the character and quality of the landscape within the Area of High Landscape or Coastal Value and Scenic Significance and the rural character of the surrounding countryside. The applicant has not adequately demonstrated that the proposed development would not adversely affect the biodiversity of the site and they have not demonstrated that the access that will serve the development would be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner. The proposal therefore conflicts with General Policy 3, Strategic Policy 2, Environment Policy 1, Environment Policy 2, Environment Policy 4, Housing Policy 4, and Transport Policy 4 of the Isle of Man Strategic Plan 2016.
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.
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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.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused
Date: 23.05.2019
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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