13 January 2015 · Planning Committee
Plot Of Land At Kames Court To East Of Hollin Lane, Postal Locality, Cronkbourne, Douglas, Isle Of Man, IM4 4tr
The proposal was for approval in principle for residential development (illustrative designs showed either a single dwelling or up to three apartments) on a narrow, 43m long plot (12-16.9m wide) containing 8 mature trees (Sycamores and Ash), formerly part of outbuildings to Cronkbourne House, accessed from Hollin Lane.…
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The officer assessed that while the site is in a 'Predominantly Residential' area with a presumption for housing, it is also zoned 'Woodland', and development would introduce built form into an undeve…
Strategic Policy 1
Requires optimising use of unused land, efficient site use, and utilising infrastructure. Officer noted argument for using unused land but weighed against character harm; tipped against due to woodland impact.
Strategic Policy 2 - Priority for new development to identified towns and villages
New development primarily in towns/villages or sustainable extensions; countryside exceptional. Site in edge-of-settlement woodland; officer balanced against residential presumption but found unacceptable.
General Policy 2
Requires respect for site/surroundings (b), no adverse landscape/townscape effect (c), incorporate landscape features/trees (f), no adverse amenity/character effect (g), satisfactory amenity standards (h). Failed as introduces development harming woodland character, failing tree incorporation/protection, poor future amenity from shading.
Environment Policy 3
No development causing unacceptable loss/damage to woodland with amenity/conservation value. Failed due to construction risks and post-occupancy tree removal pressure despite minimal initial loss.
Environment Policy 42 - character and need to adhere to local distinctiveness
New development to respect locality character; no inappropriate backland or loss of green spaces contributing to visual amenity/sense of place. Failed as site is green space separating developments.
Housing Policy 4
New housing primarily in towns/villages or extensions; countryside exceptional. Site in residential area but woodland constraint overrides.
Housing Policy 6
Residential-zoned land per area plan brief or criteria 6.2. Noted but not key failure point.
do not oppose subject to no more than a total of 50 houses served from the main access. Visibility splays of 2 x 18 metres must be provided. Nothing must be planted, erected or allowed to remain within the splay that exceeds 1m.
there could be up to eight trees affected as a result of the development. Three Sycamores are in a poor condition and could be removed completely. The Officer thinks that a residential development could be accommodated here without affecting the trees in the wider area of woodland to the north and south. impact upon the trees would be determined by the siting and size of the building, but he felt that it might be possible to erect a dwelling in this area without direct damage to trees.
recommends that the applicant contact the Authority prior to the commencement of works to discuss an electricity supply.
The original application for approval in principle for residential development on a 600m² wooded plot between Hollin Lane and Kames Court was refused by the Planning Committee for non-compliance with GP2(b),(c),(d),(h), EP3, and EP42 due to adverse impacts on woodland character, landscape, and amenity. The appellant argued the site was previously developed curtilage in a residential zone, with minimal tree loss and no policy conflicts. The inspector found the site integral to a woodland corridor separating housing developments, concluding that even a single dwelling would create an obtrusive gap, risk further tree loss, and fail to provide adequate daylight, breaching cited policies. Residential amenity for existing occupiers was acceptable, but not for future residents. The Minister accepted the inspector's recommendation to dismiss the appeal on 7 May 2015.
Precedent Value
Wooded sites perceived as part of wider green corridors retain strong protection under EP3/EP42 even in residential zones; applicants must demonstrate no risk to character/amenity, including for future occupiers, beyond just initial tree loss. Prior development history given limited weight if pre-dates current landscape context.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI