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1.1 The application site is the curtilage of a detached bungalow located on Ballamenagh Road in Lonan, and also a parcel of land to the northeast where the works the subject of this application are proposed to take place. The bungalow is an agricultural worker's dwelling.
1.2 Also within the curtilage are a detached double garage and large driveway / turning area; beyond this to the south lies a dwelling, while on all other sides agricultural fields stretch away.
2.1 Full planning approval is sought for the erection of a "workshop/garage/store building" to the northeast of the dwelling on an area that is currently used for grazing. The residential curtilage would be extended into this field (no. 613057) to accommodate the garage.
2.2 The proposed building has a footprint of six metres by ten metres and would have two floors. The ground floor is labelled on the submitted plans as "storage + workshop" while the upper floor is labelled "storage". Six rooflights, each 1 metre square, are shown in the roof, while the front elevation of the building would have one garage door, one dwelling-style door and one window, with a further two windows in the rear elevation; none are shown in either side elevation.
2.3 The submitted plan carries the following annotation: "Render + TILES same as existing property".
2.4 The drawing is accurate to a metric scale, although the roof height appears differently on the front, side and rear elevations.
3.1 The application site has been the subject of two previous planning applications that are considered specifically material to the assessment of this current planning application:
"The dwelling may be occupied only by a person or persons engaged or last engaged solely in agriculture; or a widow or widower of such a person, or any resident dependants."
4.1 In terms of local plan policy, the application site is located within a wider area of land that is designated as (a) open space/agricultural use, and (b) High Landscape Value and Scenic Significance under the Laxey and Lonan Area Plan Order 2005.
4.2 The Isle of Man Strategic Plan contains three relevant policies.
4.3 As development is proposed within a countryside location, General Policy 3 is applicable. It states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
4.4 Environment Policy 1 states: "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 overriding 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."
4.5 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:
5.1 Lonan Parish Commissioners, in correspondence received 24th October 2014, recommend that the planning application be refused on three grounds:
5.2 Highway Services, in an email received 15th October, state that they do not oppose the planning application.
6.1 The application seeks approval for a new building along with - although not explicitly stated as such on the application particulars - the extension of the residential curtilage to include parts of Field 613057. The main issues to consider in the assessment of the application are the principle of the development and the impact it would have upon the character and appearance of the landscape.
6.2 In the first instance, it cannot be ignored that the application site is within an area of open countryside and therefore not zoned for further development.
6.3 Secondly, the comments of the Commissioners are noted; when the application was originally submitted, the details were insufficient and as such the application could not be registered. In the letter from the Department outlining this fact, the applicant was advised to contact the Agricultural Advisor within DEFA for advice in respect of the proposal on the assumption that it would be for agricultural use.
This has not been done and, given that the only openings on the proposed building are on the front elevation facing the dwelling and away from Field 613057, it must be assumed that the application is actually for domestic, and not agricultural, purposes. As such, the proposal fails to meet General Policy 3(f).
6.3 While there are some common sense exceptions that can be made when assessing proposals for development in the countryside - usually for sheds and garages - that make reference to General Policy 2 more appropriate, it is noted that the application site already has a double garage. In this sense, the 'common sense exception' has already been made and cannot be made again. It is possible that an extension to the existing garage might be acceptable, although it cannot be ignored that this garage was, at the time of the site visit, not used for the storage of vehicles in any case and also that the site's location within an area of High Landscape Value provides for very strict restrictions on new development. It is therefore considered that the proposal also fails to meet any of the other provisions of General Policy 3 in respect of the proposed building.
6.4 Environment Policy 1 is clear that the countryside is to be protected for its own sake. The proposal would change the existing land use from agricultural use to that of residential curtilage. While it would be possible to limit any future development of the land by removing Permitted Development rights, such a limitation would not prevent the character of the land from changing. Many forms of domestic paraphernalia do not require planning approval and simple things such as regular mowing of grass, planting of specimen shrubs/trees, siting of children's playing equipment and the hanging of washing lines would all contribute to a change in the character of the land which would be outside of the control of the Department.
6.5 While the land around the proposed building is limited such that the main impact would arise from the building's very presence rather than a changed nature of the land, the point is an important one.
6.6 It is concluded that the proposed new building and the proposed extension of the residential curtilage would constitute an unwarranted domestic intrusion into the open countryside beyond the existing residential curtilage of the dwelling. As such, the proposal is contrary to General Policy 3 and Environment Policy 1 of the Strategic Plan.
6.7 The Commissioners' concern in respect of the quality of the submitted plan is well-founded. No information regarding, inter alia, the thickness of walls, eave detailing, window reveals, door or window material or rainwater goods have been provided. No informed conclusion can be reached from the submitted plans in respect of the proposed building's likely visual impact. Given its siting within an area of High Landscape Value, and from the point of view of the provisions of Environment Policy 2, this is especially unfortunate. This represents a substantive reason to refuse the application.
7.1 For the above reasons, the application is considered unacceptable and is recommended for refusal on two separate grounds.
8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
The reasons related to the Department's original refusal:
R 1. The proposed new building and the proposed extension of the residential curtilage represents an unwarranted domestic intrusion into the open countryside beyond the existing residential curtilage of the dwelling. As such, the proposal is contrary to both General Policy 3 and Environment Policy 1 of the Isle of Man Strategic Plan 2007.
R 2. Environment Policy 2 is clear that for development proposals in Areas of High Landscape or Coastal Value and Scenic Significance the protection of the character of the landscape will be the most important consideration. In the absence of full architectural details of the proposed building (for example, in respect of the thickness of walls, eave detailing, window reveals, door or window material or rainwater goods), the plans submitted are inadequate on which to reach a formative conclusion on the proposal's likely visual impact. Therefore, the application cannot adequately demonstrate that it will not result in visual harm to the landscape and is consequently contrary to Environment Policy 2 of the Isle of Man Strategic Plan 2007.
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. Prior to the commencement of any works on the site, an accurate drawing showing the approved building shall be submitted to and approved in writing by the Department. Such drawings shall show full and complete details of the proposed building, including but not limited to: the thickness of walls, eave detailing, and the colour and materials of windows, doors and rainwater goods.
Reason: In the interest of the character and appearance of the development and area within which it sits:
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