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The application site forms the curtilage of Field 120259, Smeale, Andreas which is located on the A10 Road, north of Andreas Village. Within the existing curtilage of the site consists a single storey stable block and a barn.
The application seeks approval for the approval in principle for erection of a dwelling to replace existing barn and stables.
The application site is within an area recognised as being an area of "white land" not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a
Conservation Area; but is within an area zoned as High Landscape or Coastal Value and Scenic Significance.
Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
"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 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."
"Environment
Policy 2: 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Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein.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:
"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:
"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:
"Environment
Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."
The following planning application is considered relevant in the assessment and determination of this application: Erection of stables and haystore - 97/00493/B – APPROVED Erection of a new agricultural storage/horse stabling barn - 96/01448/B – REFUSED
Andreas Parish Commissioners:- "Approve"
Highways Division have deferred the application for the following reason:- "The access for the proposed dwellings needs to be located in the centre of the plot to ensure the visibility is achieved over land within their ownership."
The Manx Electricity Authority make no merits to the application but has for an informative note been attached.
The owner/occupier of 33 Ballaquark, Douglas has objected to the application which can be summarised as; removal of barn and stable not a sufficient reason to permit a dwelling where on would not normally be allowed and proposal contrary to General Policy 3 of the IoM Strategic Plan.
The reasoning for the application has been indicated within the written statement accompanying the application.
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 1982 Development Plan Order. 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 which seeks to prevent development unless the development is essential or would not harm the character and quality of the landscape, which the proposal would fail on both counts and therefore a refusal can also be legitimately made on that basis as well.
The proposed dwelling does not serve a viable agricultural holding nor replace an existing dwelling and therefore there are no special circumstances to warrant the setting aside of the presumption against. The development proposed by this planning application is therefore clearly contrary to the current policies of the Department.
It is perhaps important to also note Environmental Policy 1 and 2 apply to this submission.
Environmental Policy 1 indicates that the countryside and its ecology will be protected for its own sake and 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.
It is not considered the proposal would have an over-riding national need; therefore the proposal would be contrary to this policy.
As the site is within an area of High Landscape or Coastal Value and Scenic Significance Environment Policy 2 also applies. 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, the development would not harm the character and quality of the landscape; or the location for the development is essential. It is not considered the proposal would comply with this policy.
The argument that there is an existing modern barn and stable block which would be removed and replaced with a dwelling does not overcome the relevant planning policy indicated previously. Approval of such a scheme on this basis, would set a significant precedent for similar types of development through the countryside in the Isle of Man, resulting in barns and stables being replaced with dwellings.
The purpose of the planning system is to control the use and development of land in the public interest. That requires a consideration of what is most appropriate for the population of the island as a whole. The protection of the Manx countryside from development and the presumption that new housing should be directed to locations consistent with the principles of sustainable development are two of the most important themes running through the Strategic Plan, the purpose of which is to establish a consistent framework within which the public interest can be served by the planning system. When making a planning decision that has permanent consequences (such as the erection of a dwelling as is proposed here) it is also essential to bear in mind that the development sought will endure long after the circumstances of the current applicant have ceased to exist.
Therefore, this application should be refused for being contrary to strict and established planning policy which seeks to protect the countryside from development.
In terms of the impact on the highway network, access and parking, no specific details have been provided. Therefore, it is not possible to adequately determine the access arrangements (visibility splays) for this proposed dwelling.
The Highway Division have indicated that the access would be required to be central of the plot, to ensure the visibility is achieved over land within their ownership. Without such details it cannot be determined if such an access would provide the required visibility, and/or whether the alterations to the Manx sod banking and hedgerows would be an acceptable form of development.
For these reasons it is considered insufficient information has been provided to demonstrate the proposed dwelling could be accessed in a safe manner, without having an adverse impact upon the visual amenities of the countryside through possible alterations to the established Manx banking and hedgerow along the northern boundary of the site.
Regarding parking and turning provision, given the size of the site it is clear that adequate parking could be provided. Consequently, there is no objection to the development on this basis.
It is considered that the proposal would be contrary with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007), and for the reasons set out in this report, it is recommended that the application be refused.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:-
Andreas Parish Commissioners
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:-
The Manx Electricity Authority 33 Ballaquark Douglas
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: 11.02.2011
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. The erection of a dwelling on the proposed site which is located within an area not designated for development would be contrary to established planning policies aimed at protecting the Manx countryside and directing new residential development to locations that accord with sustainable development principles. For these reasons the proposal would be contrary to General Policy 3, Environmental Policies 1 & 2 and Housing Policy 4 of the Isle of Man Strategic Plan.
R 2. No evidence has been provided to demonstrate that the required visibility could be provided and if they could what impact that would have upon to the roadside hedging and a consequent significant and detrimental visual impact on the area.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer.
Decision Made : Refused Date : 21/2/11 Signed : Duanee Senior Planning Officer
Decision Made : Refused Date : 21/2/11 Signed : Duanee Senior Planning Officer
11 February 2011
11 February 2011
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