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The site represents a cluster of former buildings on the southern side of a lane leading from the southern part of the Ballamodha Straight to the west. The site identified in pink lies approximately
120m from the A3. The land identified in blue represents a number of fields surrounding the lane and on the other side of the A3.
The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as "white land", that is, not designated for development.
No planning applications have been submitted in respect of this site.
Proposed here is the construction of a dwelling. The plans submitted show a footprint of a dwelling of a traditional size (5.5m by 11.5m) with a link to an attached garage.
The information accompanying the application suggests that the justification for the new dwelling is based on the fact that there was once a farm house on the site and that this would be "a re-establishment of a former established site rather than a new dwelling". The applicants have owned the site since 1992. The house would be for the applicant's son who is training to be a lawyer.
Whilst the resident of Port Soderick points out that the proposal would not comply with current policy (Circulars 1/88,3/88 and 3/89) he moves towards supporting the application on the basis of family aspirations and suggests that this has been permitted elsewhere, without giving any specific examples. I am not aware of family circumstances being sufficient to satisfy the Committee in permitting development where it is otherwise not acceptable.
The structures on the site are little more than ruins: there is the remains of one wall and simply stones where the remaining walls may have been. This in no way complies with the provisions of Planning Circular 3/89 which includes the advice that "Permission will not be given for the construction of replacement buildings of similar or even identical form (unless not change of use is involved)...For clarification it should be stated that this policy does not sanction in any general way the establishment in the countryside of new dwellings by the rebuilding of ruins". It would seem that this is what is proposed here.
There is no agricultural case which has been made and in any case the potential occupant is not employed in agriculture nor are they likely to be.
The Department of Transport has indicated that they have no objection to the application provided that off street parking is provided, for which there is clearly sufficient space within the site and that visibility splays must be provided onto the lane and at the junction of the lane with the A3 the latter which could be provided by road markings.
Should the application be approved, the recommendations of the Department of Transport should be included as conditions for inclusion in the application for reserved matters. Any dwelling should be traditionally designed in accordance with policies 2 to 7 of the Planning Circular 3/89 and the recommendations of the Manx Electricity Authority and Isle of Man Water Authority attached as notes.
The resident of Port Soderick and the Society for the Preservation of the Manx Countryside and Environment are not directly affected by the proposal and should not be afforded party status in this instance.
Whilst Manx Electricity Authority and Isle of Man Water Authority represent statutory authorities, the points raised in correspondence relate to working practices and servicing and not planning and as such should not be afforded party status in this instance.
Malew Parish Commissioners and Department of Transport The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Recommended Decision: Refused
Date of Recommendation: 20.10.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
R 1.
The proposed development would represent the erection of a new dwelling in the countryside contrary to established policy - Planning Circulars 1/88, 3/88 and 3/89 and the provisions of the Isle of Man Planning Scheme (Development Plan Order) 1982 in which the site is not designated for development. The structures on the site are ruins and any residential status of the site has long since been lost through abandonment and dereliction.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Refused Date : 20.10.2006
Signed : M. I. McCauley Director of Planning and Building Control
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