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Application No.: 07/00510/A Applicant: Smart Apartments Ltd Proposal: Approval in principle for residential development Site Address: Field 524262 South Of Mount Rule Junction Mount Rule Douglas Isle Of Man ### Considerations Case Officer: Mrs F Mullen Expected Decision Level: Planning Committee ### Written Representations ### Consultations Consulttee: Highways Division Notes: Do not oppose Consulttee: Braddan Parish Commissioners Notes: Object Consulttee: Chief Fire Officer Notes: Comments received Consulttee: Disability Access Officer Notes: Comments received Consulttee: Drainage Division Notes: No objection Consulttee: Wildlife & Conservation Officer Notes: Comments received Consulttee: S.P.M.C. & E. Notes: Consulttee: IOM Water Authority Notes: Comments received Consulttee: Manx Electricity Authority Notes: Comments received
The application site represents an area to south of the A23 Mount Rule Road, Mount Rule, Braddan. The site is currently open pasture with a number of existing trees. There are two properties to the north of the site and residential properties to the east of North West.
The application site is located within an area zoned as Wood in Planning Circular 6/91 Braddan Parish Plan.
Within the Draft Braddan Plan, April 2001 the site was identified as Area 15 – Proposed Residential, with the draft statements stating in paragraph 4.64 “The Department would consider that whilst this field previously contributed to the amenities of the area through its open character, the field could be developed, maintaining a significant amount of space at the front (unlike” Meadow Cottage” which sits right alongside the highway) and ensuring that the proposed dwellings would not adversely affect the streams of trees which presently exist within the site. Access to the site could be problematical due to the position of the site and the alignment of the road, providing problems of visibility in both directions. Development of this site will only be approved where a satisfactory means of access can be found to the standards required by the Department of Transport.”
Within the Modifications Document, February 2003, an additional sentence was added at the end of that paragraph stating “This site could accommodate up to 3 dwellings all traditionally styled to reflect the character of the buildings immediately adjacent to the site.”
The Department has, since that time determined to abandon the Draft Braddan Plan and as such no weight may be attached to the policies contained therein with Planning Circular 6/91 being the adopted plan for that area.
The following previous applications are considered relevant to this application:
PA 99/01739/A - Approval in principle for change of use of field for residential development, Field 1369, Mount Rule, Braddan. Application withdrawn.
PA 95/00775 - Approval in principle to develop one building plot as infill, Land adjoining Meadow Cottage, Mount Rule, Braddan. Refused at Appeal May 1996.
PA 94/00679/A – Approval in principle to develop 2 building plots as infill, Land adjoining Meadow Cottage, Mount Rule, Braddan. Refused at Appeal June 1995.
PA 93/01698/A - Approval in principle to develop 3 building plots as infill, Land adjoining Meadow Cottage, Mount Rule, Braddan. Refused initially May 1994.
PA 91/04188/B – Erection of dwelling, site adjoining Meadow Cottage, Mount Rule, Braddan. Refused at Appeal February 1993..
The application seeks approval in principle for the residential development of Field 524262. A plan has been submitted with the application indicating a layout for 6 houses; however this is identified as being diagrammatic only. Access to the site would be via a single point leading from the A23 Mount Rule Road with visibility splay.
The Department of Transport Highways Division advise that they do not oppose the application. The Department of Agriculture, Fisheries and Forestry, Wildlife and Conservation Division advise that the field provides good local wildlife interest however, the most interesting area lies across the centre of the field with the pond, wet woodland and marshland and that the 'wise use' of wetlands is a requirement under the Ramsar Convention. The Department of Transport Drainage Division advise of no objection subject to the imposition of conditions. The MEA and Isle of Man Water Authority request standard Notes should planning permission be granted.
Mr Jessop of Port Soderick strongly objects to the proposal and the Society for the Preservation of the Manx Countryside and Environment object to the proposal on the grounds of prematurity.
A number of local residents object to the proposal on the grounds that the site is not zoned for development, issues in relation to foul and surface water drainage, the scale of development and traffic.
The application site lies within an area not currently zoned for residential development. At Policy 5.6 in the adopted Local Plan for the area, the area in which the site is located is identified as being one of a number which were to be examined further in order to assess whether there may be scope within the hamlet for a limited degree of infill. The policy further states "No development will be permitted in such areas until the appropriate studies have been completed...Any interim approvals other than those which the Department consider would not prejudice such studies would be seen to be in conflict with this concept." No such studies have been undertaken.
In addition to the adopted Local Plan of the area, the application is considered against the provisions of Planning Circular 1/88. Paragraph 3 of that 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" Furthermore, Paragraphs 5 and 6 states:
"5. 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.
It is considered that the development of the site, which is not currently zoned for residential development would be contrary to the well established policies of the Department in relation to residential development in the countryside and be premature, pending the preparation of a Local Plan for Braddan.
It is recommended that the application be refused
Whilst it is recommended that the application be refused, should planning approval be subsequently granted, the following conditions are suggested:
1) This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application. 2) This approval relates to drawing numbers L/10/1 and L/10/2 submitted as part of this application and date stamped 14th March 2007. 3) An Environmental Impact Assessment will be required to be submitted as part of any subsequent Reserved Matters application.
1) The applicant is advised undertake a percolation test in order to support the soakaway proposal, prior to the submission of an application seeking approval of reserved matters.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status:
Braddan Commissioners Department of Transport Highways Division Department of Transport Drainage Division Department of Agriculture, Fisheries and Forestry Wildlife and Conservation Section Mr S Franklin, Richmond View, Mount Rule, Braddan Ms S Bolton, Rose Cottage, Mount Rule, Braddan Mr N Gautrey, Meadow Cottage, Mount Rule, Braddan Ms Z Spencer, Carefree Cottage, Mount Rule, Braddan
Accordingly the following parties are not granted Interested Party Status:
Chief Fire Officer MEA Mr Jessop, Seacliffe, Old Castletown Road, Port Soderick Society for the Preservation of the Manx Countryside and Environment Isle of Man Water Authority Disability Access Officer D Fraser, 4 Mount Rule House on Behalf of Mount Rule Apartments Ltd, Mr & Mrs Duncan, Mrs and Mrs Farrant, Miss Joan Cox and Miss Sarah Radcliffe Mr & Mrs Farrant, 7 Mount Rule House, Mount Rule, Braddan.
Recommended Decision: Refused
Date of Recommendation:
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
R 1. The development of the site, which is not currently zoned for residential development would be contrary to the well established policies of the Department in relation to residential development in the countryside and be premature, pending the preparation of a Local Plan for Braddan.
Decision Made : _________________________ Committee Meeting Date : _________________________
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