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The application is before the Planning Committee at the request of the Senior Planner.
The application site forms the curtilage of the Former Ayre Mowers Site, Bride Road, Bride, which is a parcel of land which partly comprises of a hardstanding area to the front third of the site and a grassed area to the rear. The site is located on the eastern side of Bride Road and south of Bride Village.
The application site is within an area recognised as being an area of "White Land and Woodland" 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:-
"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:
"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Plan and subsequent Local and Area Plans will be used as a basis for development control until such time as it is superseded by a landscape classification which will introduce different categories of landscape and policies and guidance for control therein.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:
"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:
PLANNING HISTORY The previous planning applications are considered relevant in the assessment and determination of this application:- Approval in principle for the erection of a detached dwelling - 10/00323/A - REFUSED at Appeal on the following grounds:-
"1. The application site is not zoned for development and is within an area of High Landscape Value or Coastal Value and Scenic Significance. Therefore the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan and The Isle of Man Development Plan, which seek to restrict such development in the countryside. Approval of the planning application would result in unwarranted residential development in the countryside."
Approval in principle to construct a private dwelling - 05/01532/A – APPROVED
Approval in principle to construct private dwelling - 05/00786/A – REFUSED on the following grounds:-
Change of use from vehicle workshop to horticultural sales & service centre, former petrol station/garage - 96/00399/C – APPROVED Provision of an advertising sign - 96/00397/D – APPROVED Alterations to convert storage building into workshop & provision of signboard, former petrol station/garage - 91/00875/B - APPROVED
The application seeks approval for the approval in principle for the erection of a detached dwelling.
Bride Parish Commissioners:- “No objection”
Highways Division:- “Do not oppose has no traffic management, parking or road safety implications.”
The Water and Sewerage Authority makes no comment on the merit of the proposed development but requests that an informative note be attached to any approval decision notice.
The Manx Electricity Authority makes no comment on the merit of the proposed development but requests that an informative note be attached to any approval decision notice.
The Community Planning Service, 33 Ballaquark, Douglas makes the following comments which can be summarised as; the site now clear and less intrusive even if the concrete base remains; any dwelling should comply with Planning Circular 3/91; and is there permission for the storage/parking of utility vehicles on the site.
The Authority has received no other privately written representations objecting to 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 within an area of High Landscape Value and Coastal or Scenic Significance and therefore contrary to Environment Policy 2. Fourthly, the site is not identified in adopted Area Plans as being within a town, village, or within a sustainable urban extension and therefore contrary to the exceptions indicated in Housing Policy 4 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 development. The proposal is therefore clearly contrary to the current policies of the Department. It should also be noted that the Isle of Man Strategic Plan makes no provision for infilling.
Additionally the Isle of Man Strategic Plan section 8.8 deals with groups of houses in the countryside. Whilst adding further dwellings to these groups may not accord with strategic objectives, the Division has however identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for development potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition of this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important, however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation.
The site has benefited from planning approval in principle for a dwelling on the site. However, this was prior to the Isle of Man Strategic Plan being adopted. Further to this, approval was given as the site had a detrimental impact upon the visual appearance of the area, as there was a workshop/garage on the site at the time of the previous approval. Subsequent to that decision, the workshop was removed and the site cleared. If this building was still in place then the application could have potentially been considered under General Policy 3 paragraph (c) which deals with development of previously developed land which contains a significant amount of building. However, given the land has been cleared and only a small part of hardstanding exists, it is not considered that the proposal would result in significant benefit or comply with the policy.
The previous appeal Inspector considered the proposal would be contrary to General Policy 3, but consideration should be taken of the Bride Village Study.
The Inspector accepted that the Village Study is not a statutory document but a Planning Circular so it did have some status. He indicated this status was reinforced by the Planning Authority using the Village Study as the basis of a possible release of land for housing at Ballakilley Farm (Bride Development Order).
The Bride Village Study which was produced in 1991, and that indicated that the application site could be improved by "landscaping or improvement", as at that time a large shed existed occupying the former commercial business. The Study also indicated that the appeal site lay within the village limits.
For these reasons the Inspector gave the Bride Village Study weight when making his recommendation to the Minister.
The Inspector took a view that a single storey bungalow with a low angle pitched roof would not be unduly prominent when seen from the south behind the local road summit and gorse bank and such a bungalow would be a permanently improve the appearance of the site compared to the existing rough concrete slab which currently exists.
Overall, the Inspector concluded that whilst the proposal is contrary to the strict interpretation of the policies in the recent Strategic Plan, he gave weight to the Bride Village Study and considered on balance that the proposal would be an improvement to the appearance of this part of the village, in line with the study, which outweighs the strict interpretation of the policies in the Strategic Plan and therefore the Inspector recommend the application be approved.
However, this recommendation was not accepted by the Minister, as he considered the Bride Village Study was issued as a circular in 1991 at a time when the workshop/garage was standing on the site. Since that time the Strategic Plan was adopted in 2007, and therefore the Minister concluded that
greater weight should be accorded to the Strategic Plan for two reasons. Firstly because of its status and secondly it's more recent approval.
The Minister therefore rejected the recommendation and refused the application.
Within this new application the applicant claims the site is currently used for commercial uses by the parking of vehicles on the concrete hardstanding.
They further believe that the site is a brownfield site which has been previously developed land and fits the definition as indicated within the Strategic Plan.
They conclude that a dwelling on the site would lead to a tidying up of the area and an effective use of a brownfield site which sites at the entrance to Bride Village.
In terms of a "commercial business" on the site, no details have been provided to what type of business exists, and no determination can therefore be made as to its lawfulness. There are three vehicles (2 camper vans and a van) and a farmer's trailer all of which seem to have appeared since the last application was determined. A site visit undertaken on the 12/04/10 when the previous application was being considered showed that only a single car was parked on site.
Furthermore, no indication of any commercial activity was mentioned at the appeal hearing on the 11th August 2011.
Whether commercial activities take place or not for the storage of vehicles, this would not overcome the planning polices of the Isle of Man Strategic Plan. The applicant's submission does not overcome any of the previous concerns raised and consequently the proposal fails again to comply with the relevant planning policy.
In conclusion, the application site is not zoned for development and the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan and The Isle of Man Development Plan that seek to restrict such development to appropriate towns and villages. Approval of the planning application would be unwarranted residential development in the countryside. Accordingly, it is recommended that the planning application be refused.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:-
Bride Parish Commissioners Water and Sewerage Authority
It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:-
The Manx Electricity Authority
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
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The application site is not zoned for development and is within an area of High Landscape Value or Coastal Value and Scenic Significance. Therefore the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan and The Isle of Man Development Plan, which seek to restrict such development in the countryside. Approval of the planning application would result in unwarranted residential development in the countryside.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : [Handwritten signature] Committee Meeting Date : 7/7/11
Signed : [Handwritten signature] Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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