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The application site comprises the residential curtilage of, and land adjoining, a detached dwelling that is located on the northern side of Old Castletown Road in the Port Soderick area of Braddan.
The planning application seeks planning approval for the change of use of the east wing of the existing dwelling to corporate use.
Whilst the application site has been the subject of a number of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.
There has been one other previous planning application within close proximity of the application site that is considered specifically material to the assessment of this current planning application:
Planning application 07/00781/C sought planning approval for the change of use from residential to residential and office of The Rowans, Quines Hill, Braddan. This previous planning application was refused on the 24th July 2007. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 31st October 2007. Copies of the refusal decision, appeal decision and location plan have been placed on the file for the current planning application.
Braddan Parish Commissioners have no objections to the planning application.
The Department of Transport Highways Division do not oppose the planning application.
In terms of local plan policy, the application site is located within a wider area of land that is designated as open space (agricultural) under the Braddan Parish District Local Plan.
The Isle of Man Strategic Plan 2007 contains three policies that are considered material to the assessment of the planning application.
Strategic Policy 1 states: "Development should make the best use of resources by:
Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to:
Business Policy 7 states: "New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space
The planning application seeks planning approval for the change of use of the east wing of the existing dwelling to corporate use. As part of the assessment of the planning application further clarification of the proposed use was sought from the applicant's agent. From this it is understood that the ground floor area defined by the red line on drawing no. 1002/PL002 is proposed to be used as a conference facility available for hire on the open market. The planning application states that the anticipated bookings would initially be 1 day per month in the first year and 1 day per week after that. Meetings would normally be expected to occur between 09:30 and 16:30 on weekdays and be able to accommodate up to twenty people.
In terms of assessment, as it is located significant distance from the nearest adjacent residential property and there are no physical alterations to the building it is concluded that the proposed use does not impact on public amenity, private amenity or highway safety. However, the acceptability of the proposed use is subject to assessment of the general principle of allowing such use in this location. The proposed use, i.e. a conference facility, is a form of office development and therefore should be assessed against the relevant policies contained within the Isle of Man Strategic Plan 2007 (Strategic Policy 1, Strategic Policy 10 and Business Policy 7). It is also relevant to have regard to the previous planning application 07/00781/C. Strategic Policy 1 and Strategic Policy 10 relate to the principle of sustainability with the aim of locating development to take account of existing infrastructure, facilities and services whilst minimising additional journeys. Business Policy 7 expands on that by stating that new office floor space should be located within towns and villages on land that is zoned for such purpose.
The application site is not a town or village location and is not within an area zoned for office use. The proposed use of the property would require users and any necessary support services (catering, information technology, etc.) to travel to and from the application site. Whilst these movements could reasonably be expected to be absorbed within everyday business activity within established centres they represent unsustainable activity within rural locations. On that basis the proposed use fails against the sustainable development principles set out within Strategic Policy and Strategic Policy 10 and also the location requirements of office development set out with Business Policy 7. This conclusion is generally supported by the outcome of previous planning application 07/00781/C. The planning application does not include any justification that outweighs these considerations.
It is recommended that the planning application be refused.
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded party status.
It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
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 0 : Notes attached to refusals R 1. The application site is located outside of any defined settlement and is not zoned for office development. As such, the proposal represents unsustainable use that is contrary to Strategic Policy 1, Strategic Policy 10 and Business Policy 7 of the Isle of Man Strategic Plan 2007.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer.
Decision Made : Refused Date : Signed : Senior Planning Officer
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