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Application No.: 15/00564/A Applicant: Mr Raymond & Mrs Wendy Harvey Proposal: Approval in principle for the erection of a detached dwelling to determine siting and means of access Site Address: Field Number 230451 Adjacent To Overdale Balleira Road Kirk Michael Isle of Man Case Officer : Mr Chris Balmer Photo Taken: 02.07.2015 Site Visit: 02.07.2015 Expected Decision Level: Planning Committee
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE MEMBERS AT THE REQUEST OF THE DIRECTOR OF PLANNING AND BUILDING CONTROL DIRECTORATE.
1.0 SITE - 1.1 The application site forms part of the existing curtilage of Field Number 230451 which is a rectangular shaped parcel of undeveloped land approximately 1.2 acres in size. The land is accessed via an existing field gate which is located along the western boundary of the site. This western boundary adjoins the applicant's property 'Overdale' which is a two storey dwelling which includes gardens around. Both this property and the field gain access via a driveway which runs to the Balleira Road, which then adjoins the Main road through Kirk Michael Village. - 1.2 The site is located to the north-eastern side of the Balleira Road and west of the former railway line which is now a public footpath. - 1.3 The application site ground level is generally level. The northern boundary of the site is consist of semi-mature trees (small copse of trees) with fields (Nrs 230450 & 234236) beyond, to the east the boundary again consists of semi-mature trees with a smaller field (Nr
234237) and the former railway line beyond. To the south the boundary comprises Manx banking with gorse hedging above which adjoins the adjacent field boundary (Nr 234237). To the west of the sit the boundary is made up by a post and wire fence which adjoins the applicant's property 'Overdale'.
2.0 PROPOSAL - 2.1 The application seeks approval in principle for the erection of a dwelling with siting and means of access also being determined now. An indicative plan has been provided which shows a footprint of a dwelling measuring 150 square metres in size located centrally in the field. The indicative plan shows a new driveway connecting to the existing driveway. Both 'Overdale' and the proposed dwelling would share the access onto the Balleira Road. It is noted due to the topography of the land the driveway and access of the site is sloping in nature. No details of visibility splays have been provided.
3.0 DEPARTMENT POLICIES - 3.1 The application site is within an area recognised as being an area of 'Open Space' (agriculture) under the Kirk Michael Local Plan Order 1994. The site is not within a Conservation Area. The curtilage of the dwelling 'Overdale' is designated as residential, therefore the existing driveway and access, proposed to be shared by this new dwelling is within this residential designation. - 3.2 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:- - 3.3 The Spatial Distribution Policies within the Strategic Plan set out the hierarchy of settlements, indicating that Douglas will remain the main employment and service centre for the island, with other towns as supporting service centres. Some large villages are identified as service villages, including Kirk Michael, where appropriate increase in employment and housing should be provided to meet local needs. - 3.4 Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3." - 3.5 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." - 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:
3.7 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:
3.8 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan." - 3.9 Kirk Michael Local Plan Order 1994 - Open Space - Policy 12.4 states: "With the exception of areas already proposed for development use, no areas of open space should be released for development."
4.0 PLANNING HISTORY - 4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.
5.0 REPRESENTATIONS - 5.1 Michael Commissioners (received on 10.06.2015) have objected to the application on the grounds that the site is zoned for agricultural use. - 5.2 Highways Division have no objection to the application on the following grounds (received on 05.06.2015): "If the application is approved the applicant to contact highways regarding access and visibility issues"
6.0 ASSESSMENT - 6.1 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 Kirk Michael Local Plan Order 1994. In fact the Local Plan is very clear that; "With the exception of areas already proposed for development use, no areas of open space should be released for development." 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 'Open Space' (agriculture) and therefore Environment Policy 1 requires consideration. This policy indicates that the countryside and its ecology will be protected for its own sake, 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. - 6.2 The proposed dwelling does not serve a viable agricultural holding nor replaces 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. - 6.3 In support of the application, the applicants have indicated that they propose to build a state of the art, low energy, and low maintenance retirement dwelling. They also submit that in 1964 a planning application for a bungalow and garage was made and that the site plan attached to this application included the application site now proposed. - 6.4 In terms of the planning application in 1964 permission was granted for a bungalow on the site which appears to be the property known as 'Overdale'. It is noted that the access and driveway arraignments shown on the site plan submitted where not undertaken as shown. It is also noted that permission for a single dwelling was approved, but no dwelling
6.9 However, this submission does not propose any works to the entrance or roadside boundaries and nor does it prove the required splays can be achieved. Accordingly, given the proposed new dwelling would result in additional traffic and the entrance is substandard to meet this additional traffic as it cannot provide the required visibility splays; the proposal would also be detrimental to highway safety to all road users and therefore fail Transport Policy 4 of the Isle of Man Strategic Plan.
7.0 RECOMMENDATION - 7.1 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 the Kirk Michael Local Plan Order 1994, for the reasons set out in this report, it is recommended that the application be refused.
8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons:
"With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order".
Approval in principle for the erection of a detached dwelling to determine siting and means of access - Field Number 230451, Adjacent To Overdale, Balleira Road, Kirk Michael 15/00564/A
After discussion the Planning Committee agreed with the recommendation and refused the application, but amended the first reason for refusal to:
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 for its own sake, preventing development encroaching into the countryside and directing new residential development to locations that are designated for such development. For these reasons the proposal would be contrary to Spatial Policy 3, General Policy 3, Environment Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan and the Kirk Michael Local Plan Order 1994.
CB
Recommendation Recommended Decision: Refused
Date of Recommendation: 07.07.2015
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : REFUSED Committee Meeting Date:27.07.2015 Signed : C Balmer Presenting Officer Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph). Signatory to delete as appropriate YES See Paragraph 9 above
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