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Application No.: 07/00235/A Applicant: Cedar Developments Proposal: Approval in principle for the erection of four detached dwellings Site Address: Land Adjacent To Wildwood House (formerly Bridge End) Glen Auldyn Ramsey Isle Of Man ### Considerations Case Officer: Mr Chris Balmer Expected Decision Level: Planning Committee ### Written Representations ## Consultations Consulttee: Highways Division Notes: Do not oppose subject to the imposition of the following conditions: Consulttee: Lezayre Parish Commissioners Notes: Refuse Consulttee: Chief Fire Officer Notes: Note to be included Consulttee: Disability Access Officer Notes: Note to be included Consulttee: Manx Electricity Authority Notes: Note to be included Consulttee: IOM Water Authority Notes: Note to be included Consulttee: Drainage Division Notes: No objection in principle, subject to the following conditions: Consulttee: Manx National Heritage Notes: Comments received Consulttee: Inland Fisheries Development Manager Notes: Note to be included Consulttee: S.P.M.C. & E. Notes: Comments received Consulttee: Wildlife & Conservation Officer Notes: Comments received
The application site comprises the land adjacent to Wildwood House within Glen Auldyn. The site is located on the south-eastern side of the access lane which runs off the main Glen Auldyn lane.
The application site is within an area recognised as being an area of 'woodland' not zoned for development, under the Isle of Man Development Plan Order 1982 and within an area of Nature Conservation Zones, Nature Reserves & Sites of Ecological Importance for Conservation. The site is also within an area zoned as High Landscape or Coastal Value and Scenic Significance.
Approval in principle for erection of dwelling, Field 3163, opposite Springfield, Glen Auldyn, Lezayre (95/01233/A) - REFUSED
Lezayre Parish Commissioners have recommended a refusal:-
> The area is not zoned for development. Access to the site is restricted to a narrow road which would not cope with the extra traffic involved. The area is one of natural beauty. The houses are totally out of keeping with others in the area.
Highways Division do not oppose subject to the imposition of the following conditions:-
> Visibility splays of 2 metres by 36 metres shall be provided from both proposed accesses on to the Glen Auldyn Back Road, a public highway.
> Parking shall be provided for each dwelling in compliance with Manx Roads 1.
> An on-site turning facility shall be provided for each dwelling, together with a turning facility at the end of the shared driveway to permit refuse wagons to turn.
> The width of the shared driveway shall be 4.8 metres wide to facilitate the two way flow of traffic.
Department of Agriculture, Fisheries and Forestry:-
> There must be no development within 8 metres of the watercourse in order to minimise the risk of disturbance to the river, and to retain a natural wildlife corridor. Measures must be in place during construction works to safeguard the watercourse from run-off and sedimentation. For the protection of spawning and juvenile fish, any in-channel works should be restricted to the period July to September inclusive.
The Chief Fire Officer makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The IOM Water Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The Manx Electricity Authority object to the planning application, which can be summarised as, one of the proposed buildings is too close to the HV overhead line, there is an 11kV overhead line crossing the proposed site of one of the houses and under Health & Safety Note GS6, MEA require a 10 metre corridor either side from the outside conductor which is free of any structure.
The Environmental Protection Officer (water) makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
Drainage Division have no objection in principle, subject to the following conditions:-
The applicant is advised that under section 35 of the Land Drainage Act 1934, written consent is required from the Department of Transport for any work carried out on any watercourses throughout the Island.
The applicant proposes to discharge the foul sewage from this development into a BioDisc Sewage plant. It must be noted that this Sewage plant will not form part of the public sewerage system and will remain private at all times. The Drainage Division of the Department of Transport recommends that a detailed operation and maintenance programme is submitted for consideration by the Planning Committee and the Department of Local Government and the Environment's Environmental Health Division.
The Disability Access Officer makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
Manx National Heritage object to the application on the grounds that the site is in an area which is not currently zoned for residential development and the erection of four dwellings would be inappropriate in this location.
The owner and/or occupant of Dingle Villa, Glen Auldyn, Lezayre objects to the planning application on the basis that the access road is inadequate for extra traffic leading to a danger to users.
The owner and/or occupant of Glen Auldyn Lodge, Glen Auldyn, Lezayre objects to the planning application on the basis that the development would be contrary to planning policies, detrimental to an area of high landscape value and scenic significance, the access lane is inadequate for additional traffic which would be created by development, the weight restriction on bridge (10 tons) would need to be re-enforced to withstand heavy construction vehicles, the impact upon river due to proposed bridges and pedestrian safety.
The owner and/or occupant of Crenagh, Glen Auldyn, Lezayre objects to the planning application, for reasons relating to the infrastructure in this particular area of the glen and that it is inadequate to support the development.
The owner and/or occupant of Far End, Glen Auldyn, Lezayre objects to the planning application on the basis that the existing bridge is very narrow and unsuitable for vehicles particularly builders lorries, proposed bridges would present a hazard to other road users, the development would constitute sporadic development unrelated to an existing village, site is primarily an agricultural area of high landscape value and scenic value, there have been two previous refused on the site for residential development and highway safety matters.
The owners and/or occupants of Wildwood House, Glen Auldyn, Lezayre object to the planning application, on the basis that the development is contrary to land use zoning in the 1982 Development Plan and contrary to Planning Circular 1/88, the single track lane is unsuitable for additional traffic which could obstruct vehicles, adverse noise levels may be experienced during construction, the proposed bridges could cause the river to be more prone to flooding, highway safety issues, 10 ton restriction weight on bridge, many protected trees would be required to be felled.
The owner and/or occupant of The Spinney, Glen Auldyn, Lezayre objects to the planning application, on the basis that the site is zoned within a high landscape value and scenic significance and woodland and the existing lane is inappropriate for additional traffic.
The owner and/or occupant of Springfield, Glen Auldyn, Lezayre objects to the planning application, for reasons including no mains waste disposal in the area and therefore require four additional septic tanks, glen is within an area of natural beauty, existing lane is inappropriate for additional traffic, contrary to 1982 Development Plan, development would have a detrimental impact to the area of high landscape value, unwarranted ribbon development, impact upon privacy and the creation of the two new bridges would lead to disruption to residents during construction and add further danger to the road when completed.
The owners and/or occupants of Larch Lea, Glen Auldyn, Lezayre object to the planning application, on the basis that previous planning applications have been refused, contrary to the 1982 Development Plan, detrimental to an area zoned as high landscape value and scenic significance, number of mature trees would be required to be felled, impact upon our privacy, the plot of the single storey lodge does not appear to be on scale with the drawing of the development, 10 ton weight limit on bridge, construction vehicles would obstruct residents and emergency services, two of the dwellings back onto a very steep and densely wooded hillside which could create a extremely unstable hillside, all dwellings would require septic tanks and existing track is unsuitable for additional traffic.
The owner and/or occupant of Crofton, Glen Auldyn, Lezayre objects to the planning application, on the basis that the site is not zoned for residential development, significant difference between green houses and substantial new properties, highway safety matters and the construction of two bridges would be destructive to the wildlife and natural habitat of the area.
The owners and/or occupants of Barrameanagh, Glen Auldyn, Lezayre object to the planning application, for reasons relating to the volume of traffic and that the area should be left alone, that is, no more buildings in the entire area of Glen Auldyn and Fern Glen.
The owners and/or occupants of Fernside, Glen Auldyn, Lezayre object to the planning application, on the basis that there has been a previous refusal for one dwelling on site, area is an area of outstanding beauty, the existing access is very narrow which is already congested, highway safety matters, site is prone to flooding and the required septic tanks would be very close to the river.
The S.P.M.C. & E object to the planning application, as the site is fairly clearly marked as being zoned as "Woodland", the site is bisected by the Glen Auldyn River and appears to have a potential for seasonal flooding and The development proposed will represent 4 new houses in the countryside on un-zoned land and the area is designated as land of High Landscape Value and Scenic Significance and particular visual attraction with the river winding picturesquely through woodland and meadow.)
Mr Jessopp objects to the planning application, on the basis that the development would be contrary to Planning Circulars 1/88 and 3/88, area is not zoned for residential development, two derelict greenhouses do not constitute a case for a Brownfield redevelopment, flooding of the site or the potential for an increase in flooding down stream from the site should the development be approved and the site is not a sustainable location for further residential development.
As the application site is zoned as being within an area zoned as "woodland" and land not zoned for development the following Planning Circular and policy needs consideration.
Planning Circular 1/88 – Residential Development – Houses in the Countryside, the purpose of the Circular is to give general guidance as to the Department's policy with regard to residential development with particular emphasis on development in the countryside.
Paragraph 3 of this Circular states:- Land has been allocated for residential development as extensions of existing towns and villages to take advantage of existing infrastructure and services. The remaining areas of the Island are intended to remain substantially free from development.
Paragraph 5 of this Circular states:- It is recognised that the Manx countryside is extremely fragile and even a limited development can have an impact out of all proportion to its size. Account has been taken of public concern about encroachment of development into the countryside, along the coast and headlands and into the areas of scenic ecological importance, and appropriate safeguards are incorporated in the Development Plan.
Paragraph 6 of this Circular states:- There is always a demand for houses in the countryside. Improved economic circumstances are likely to intensify this demand, but with the exception of housing to serve the needs of a viable agricultural holding it is the Department's policy to discourage residential development in the countryside.
Paragraph 7 of this Circular states:- Where an agricultural need for a dwelling is demonstrated the Department would prefer that it were built in the nearest Village, hamlet or existing group of buildings. It remains however that the siting would have to be considered on its merits having regard to the individual circumstances.
The Isle of Man Draft Strategic Plan, Environmental Policy 2 states:- The present system of landscape classification of Areas of High Landscape Value and Costal or 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 polices 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:-
The Isle of Man Draft Strategic Plan, Environmental Policy 3 states:- Development will not be permitted where it would result in the unacceptable loss or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value.
The Department's stance on residential development in the countryside is set out by Planning Circular 1/88. Under this circular there is a general presumption against development unless it is required to serve the needs of a viable agricultural holding.
However this development does not seek an agricultural holding, but a total of four residential dwellings. As the site is not designated for development, there would appear to be no justifiable reason to set aside the prevailing land use policies and permit residential development on this site. Such a decision would establish a precedent for further unwarranted and sporadic development elsewhere on land designated for development.
Additionally, as stated previously the site is within an area of High Landscape Value and Coastal or Scenic Significance (AHLV's) and consequently the proposed development would be contrary to Environmental Policy 2. The proposed development would also be contrary to Environmental Policy 3 as the development would likely require the removal of a number of trees and vegetation to the detriment of an area zoned as 'woodland'.
For these reasons the proposals would seem inappropriate in this location and therefore my recommendation is for a refusal.
I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: Highways Division Lezayre Parish Commissioners Department of Agriculture, Fisheries and Forestry The Manx Electricity Authority Drainage Division
Manx National Heritage Dingle Villa, Glen Auldyn, Lezayre Glen Auldyn Lodge, Glen Auldyn, Lezayre Crenagh, Glen Auldyn, Lezayre Far End, Glen Auldyn, Lezayre Wildwood House, Glen Auldyn, Lezayre The Spinney, Glen Auldyn, Lezayre Springfield, Glen Auldyn, Lezayre Larch Lea, Glen Auldyn, Lezayre Crofton, Glen Auldyn, Lezayre Barrameanagh, Glen Auldyn, Lezayre Fernside, Glen Auldyn, Lezayre
I consider 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: Mr Jessopp S.P.M.C. & E The Disability Access Officer The IOM Water Authority The Chief Fire Officer
The Environmental Protection Officer represents part of the Department of Local Government and the Environment and as such should not be afforded party status in his own right and his comments will form part of the Planning Authority's case.
Recommended Decision: Refused
Date of Recommendation: 22.05.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. The application site is located within an area of woodland, not zoned for development in the 1982 Development Plan Order. The development of this site would be contrary to the zoning of the site and introduce development in an open and attractive area, contrary to the aims of the Order and Planning Circular 1/88 which states such areas are intended to remain substantially free from development.
Further more the development of this site would be contrary to the development plan for this area and establish a precedent for further development on undesignated land, both within the immediate vicinity and elsewhere on the Island.
R 2.
The proposed development by reason of the proposed siting would be likely to require the felling of trees within the existing woodland contrary to Environmental Policy 3 as indicated within the Isle of Man Draft Strategic Plan.
R 3.
The site is zoned within an Area of High Landscape Value and Scenic Significance. Within these areas the protection of the character of the landscape will be the most important consideration unless it can be shown that; (a) the development would not harm the character and quality of the landscape; or (b) the location for the development is essential. It is considered the development would create an adverse impact upon the character and quality of the landscape and therefore contrary to Environmental Policy 2 as indicated within the Isle of Man Draft Strategic Plan.
R 4.
The site is within an area of Nature Conservation Zones, Nature Reserves & Sites of Ecological Importance for Ecological Importance for Conservation. It is considered the development would create an adverse impact upon the area and therefore contrary to Environmental Policy 4 as indicated within the Isle of Man Draft Strategic Plan.
Decision Made: Refused Committee Meeting Date: 31.5.07
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