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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00591/B Applicant : Amy Allen Roberts Proposal : Erection of tourist accommodation unit on site Site Address : Thie Ny Claghyn Maughold Isle Of Man IM7 1ED
Planning Officer: Russell Williams Photo Taken : Site Visit : Expected Decision Level :
Recommendation
Recommended Decision:
Refused Date of Recommendation: 14.08.2024 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The design, siting, scale and proposed features including fencing, raised garden and balustrade and access will give rise to a prominent and incongruous form of development on a visually exposed site within an Area of High Landscape or Coastal Value and Scenic Significance. The proposed development would give rise to significant adverse impact upon the character and appearance of the landscape and the application fails to establish an essential or overriding national need for the proposed development. Accordingly, the proposal is considered to conflict with General Policies 2 and 3, Environment Policies 1 and 2 and Strategic Policies 1(c), 2, and 10 (a) and (b). __
Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE
1.1 The application site comprises part of the residential gardens serving Thie Ny Claghyn, Maughold Rd, Maughold. The dwellinghouse is located in the countryside and south of Maughold village.
1.2 The site is a well maintained area of garden laid to grass and bounded to the west by tree planting and a hedge bank to the road frontage (east).
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1.3 The dwellinghouse is located to the south of the application site and benefits from two vehicular accesses off Maughold Road, one into the garden subject of the application and one to a driveway serving the house.
1.4 The land has a relatively sharp gradient to it, descending from west to east where open views are available across the coastline. The electric tram line is located approximately 85 metres to the east on lower ground and is separated from the site by the highway and one field.
2.0 THE PROPOSAL
2.1 The application seeks approval for the erection of a self-contained holiday unit, which will provide one bedroom, a shower room and open plan kitchen, dining and living space. The building would measure approximately 6.5m x 8.29m, with a maximum height above ground of 4.089m.
2.2 The proposed building will be finished externally in hardie board wall cladding, aluminium double glazed windows and doors and a flat roof.
2.3 Ground levels will remain unchanged with the floor level of the building being built up to compensate for the falling ground. To the front of the unit a new level garden area will be created and enclosed by glazed balustrade.
2.4 The proposals include the widening of the existing access, laying of a new grass crete driveway and the erection of timber close boarded fencing along the driveway and around the curtilage of the proposed unit. Landscape planting is also proposed.
2.5 The proposed unit will be served by a new sewage treatment planting that will discharge into a new soakaway drainage field.
2.6 Two vehicle parking spaces are provided to the front of the proposed accommodation.
3.0 PLANNING POLICY
LOCAL PLAN
3.1 The site lies within an area designated as "Not for Development" on the 1982 Development Plan, North Map. The site is not within a Conservation Area or a Flood Risk Zone. The application site is located within an area of 'High Landscape or Coastal Value and Scenic Significance' as designated in the Isle of Man Development Plan 1982.
3.2 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application:
3.3 Strategic Policy 4 states that proposals for development must: "(a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, 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."
3.4 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
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planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."
3.5 General Policy 2 of the Strategic Plan is considered applicable, which states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
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(1) 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 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-
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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."
3.8 Environment Policy 2 states that: "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 of development is essential."
3.9 Business Policy 11: "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."
3.10 Business Policy 14: "Tourism development may be permitted in rural areas provided that it complies with the policies in the Plan. Farmhouse accommodation or quality self catering units in barn conversions and making use of rural activities will be encouraged but must comply with General Policy 3 and Business Policies 11 and 12. Other forms of quality accommodation in rural areas will be considered, including the provision of hostels and similar accommodation suitable for walkers but must comply with General Policy 3 and Business Policies 11 and 12."
4.0 PLANNING HISTORY
4.1 The application site benefits from the following planning history:
No relevant history to note.
5.0 CONSULTATIONS
5.1 Garman Parish Commissioners - no comments received.
5.2 DoI Highways Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the proposed access is acceptable for the relatively small nature of the proposals and the considered low flow rural nature of Maughold Road in which the site accesses. Conditions should include the proposed access, vehicle hardstanding, grasscrete and parking layout shown on the approved plans to be implemented before first occupation and retained thereafter. The Applicant should consider an EV charging point for visitors to aid Net Zero ambitions
5.3 DOI Highways Drainage - Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: Applicant should be aware off and comply with the clauses above.
6.0 REPRESENTATIONS
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6.1 No comments have been received.
7.0 ASSESSMENT
7.1 The main issues to be considered in the assessment of this application are as follows:
The principle of development; Impact of the proposed development upon the character and appearance of the landscape; and Highway Safety
PRINCIPLE OF DEVELOPMENT
7.2 The application site is located in the open countryside and is designated as being not zoned for development under the 1982 Local Plan. As a consequence, there is a general presumption against granting planning permission for new development in the countryside, which Environment Policy 1 seeks to protect from development for its own sake. Only in exceptional circumstances will development be permitted in the countryside, which requires compliance with one or more criteria set out in General Policy 3, or compliance with another Strategic Plan policy that specifically supports the proposals.
7.3 The application seeks permission for the construction of a new build holiday let. Section 9.5 of the Strategic Plan provides planning policies that aim to support the provision of tourism development across the Island.
7.4 Business Policy 11 states that "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."
7.5 Business' Policy 14 is clear that tourism development may be permitted in rural areas such as this, but only where it complies with other policies in the Plan. It is clear that accommodation will only be permitted where development complies with General Policy 3 and Business Policies 11 and 12.
7.6
The proposed development does not comply with Business Policies 11, 12, 13 or 14 which establish that for new build tourism development in the countryside, special circumstances must existing in order to comply with General Policy 3.
7.7 Having regard to General Policy 3, it is considered that none of the listed criteria are met by the proposed development. The application submission states that the development will comply with criteria (g), which states that proposals will be supported where the "development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative." The supporting Planning Statement claims that there is an overriding national need to deliver new tourism accommodation, which is identified in the Isle Of Man Visitor Economy Strategy 2022-2032. This Strategy is a material consideration to the proposals, as are the economic benefits associated with delivering a new unit of tourism accommodation, though the benefits arising from a single unit will be limited. Notwithstanding, the overriding weight is given to the Development Plan policies which clearly seek to restrict new development in the countryside. There is clear conflict with General Policy 3 and Environment Policy 1, which carry significant weight in the determination process.
7.8 In addition to the above, the proposed development is located in an unsustainable location, remote from services, facilities and tourism attractions upon which visitors will generally be reliant upon. The development will therefore foster a need to travel by motor car
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which conflicts with sustainability objectives laid out Strategic Policies 1(c), 2, and 10 (a) and (b).
7.9 In conclusion, the proposed development is located in the countryside where the Development Plan seeks to restrict new development proposals. There is no policy support within the Strategic Plan for the proposals, which will conflict with General Policy 3, Environment Policy 1 and the aforementioned Strategic Policies. The proposed development is not, therefore, supported in principle.
IMPACT UPON THE CHARACTER AND APPEARANCE OF THE LANDSCAPE
7.10 The application site is located within an Area of High Landscape or Coastal Value and Scenic Significance. It is also within Landscape Character Area D1 Ballajora and Ballaglass.
7.11 Environment Policy 1 also provides protection for the countryside and states that "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."
7.12 General policy 2 states that development will normally be permitted where it:
(c) does not affect adversely the character of the surrounding landscape or townscape;
7.13 Paragraph 7.4.1 of the Strategic Plan states that "Development must be properly integrated into the landscape in terms of scale, materials, architectural style, engineering works and landscaping. Landscape features such as trees, hedgerows, sod banks or traditional stone walls which are important to landscape character should be retained. In cases where development is not capable of being sensitively and unobtrusively integrated into the landscape, permission will not be granted."
7.14
The proposed holiday unit is modest in scale and will be finished min materials that have a soft appearance; the building will have a flat roof and is a little over 4.0m in height above ground level at the front.
7.15 The proposed holiday let will be positioned to the western side of the garden, which happens to be the highest area of the property. Having regard to the proposed site levels, the development will build the finished floor level of the building up, rather than utilising cut and fill which would otherwise reduce the overall height and prominence of the building and associated development. As designed, the building would appear to be "jacked up" above ground levels which is not considered to be a suitable design approach.
7.16 The building will be visible from along Maughold Road, including through the widened gateway that will provide vehicular access. As well as the issues highlighted at 7.15 above, the development will be bounded by timber close board fencing. A significant amount of fencing is proposed. Approximately 38.4m of 1.1m high fencing will be constructed along the side of the driveway and over 30m of 1.8m high fencing will be constructed to the southern side of the holiday unit and to its rear.
7.17 The proposed fencing, together with the raised flat garden area to the front of the building will form incongruous features within the site that are at odds with the open nature of the curtilage. Whilst landscape planting is indicated, this will take time to mature and offer any reasonable screening effect.
7.18 The application site comprises an open and relatively exposed parcel of undeveloped land that is visible in the immediate and wider landscape setting. Virtue of the proposed design, siting, boundary treatments and provision of terraced garden, the proposed development is considered to represent an incongruous addition within the area, causing an
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unacceptable degree of harm to the rural character of the landscape, harming its appearance in the area.
7.19 There is no essential or overriding national need for the development to be located in this area and the development would give rise to demonstrable harm to the character and appearance of the Area of High Landscape or Coastal Value and Scenic Significance. The proposed development fails to comply with General Policy 2 (c), General Policy 3 and Environment Policies 1 and 2.
HIGHWAY SAFETY
7.20 The application site will be accessed via an existing gated entrance off the public highway. The access will be widened slightly and no gates are indicated.
7.21 Existing planting to the road frontage will be cut back and visibility splays of 2.4m x 43m in both directions provided (though not to the carriageway edge.
7.22 Within the site, 2 parking spaces will be provided with space to turn. A new grasscrete driveway is proposed. The parking provision is considered to be acceptable.
7.23 The DOI Highways do not object to the proposals and consider the small scale nature of the site capable of being accommodated within the highway network.
7.24 Having regard to the above, the proposed development will not give rise to any unacceptable impact upon highway safety and accords with General Policy 2.
OTHER MATTERS
7.25 Regarding other material considerations, the proposed development is limited in scale and is located away from any nearby or neighbouring dwellinghouses. As a consequence, the proposals will not give rise to any material impact upon the amenity of properties in the area. Similarly, the site is not located within a Conservation Area or in proximity to Registered Buildings such that the development would impact upon the setting of protected areas.
7.26 The development would not give rise to any significant impacts upon biodiversity or trees within the site.
CONCLUSION
7.27 Having regard to the above assessment, it is considered that by virtue of its design, appearance, scale and proposed features including fencing, the proposed development would give rise to significant adverse impacts upon the character and appearance of the landscape.
7.25 The application has failed to demonstrate why it is essential for the development to be located on the site and no overriding national needs has been established that would otherwise outweigh the identified harm and conflict with the development plan.
7.26 Accordingly, the proposal is considered to conflict with General Policies 2 and 3, Environment Policies 1 and 2 and Strategic Policies 1(c), 2, and 10 (a) and (b). It is recommended that the development be refused.
8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf);
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(b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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 above 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 the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Refused Date : 14.08.2024
Determining officer Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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