DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 21/01451/B Applicant: Mr Terence & Mrs Shirley McDonald Proposal: Variation to condition 1 of planning approval 16/01134/B to construct a detached house and associated parking, request to extend approval by 2 years. Site Address: Bailrigg House Ballanard Road Douglas Isle Of Man IM2 5PT Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 07.02.2022 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. The erection of a dwelling on this site would represent an unwarranted development in the Island's countryside and would be contrary to both the land use provisions of the Area Plan for the East and to the provisions of the Isle of Man Strategic Plan 2016. Furthermore, it has not been demonstrated that there is an overriding national need and a site for which there are no reasonable and acceptable alternatives. Therefore the proposal is considered to be against to Spatial Policy 5, Strategic Policy 2 & 10, Environment Policy 1, General Policy 3, Housing Policy 4 and Transport Policy 4 & 7 and therefore should be refused.

_______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE APPLICATION SITE

1.1 The site is a parcel of land situated on the western side of Ballanard Road between the Castleward Green and Abbeylands, to the north of Johnny Watterson's Lane. The site is part of a larger area which is edged blue, ie within the same ownership as the application site and which accommodates Bailrigg House, a relatively large dwelling. Immediately to the south is Brickworks Cottage sitting in around the same sized curtilage as Bailrigg House.

1.2 Brickworks Cottage, a recently redeveloped property, is clearly visible from the road but Bailrigg is well screened by existing walling and trees. The access into the site is via a low walled entrance drive which curves into the site, screening the house from view. A second gated access sits alongside, giving access to land which is part of the curtilage of Bailrigg. THE PROPOSAL

2.1 The current planning application seeks approval for the variation of Condition 1 of PA16/01134/B by extending the approval for a further two years. - 2.2 The proposal for PA16/01134/B was as follows: "2.1 Proposed is the erection of a dwelling on the north eastern corner of the site with modifications to the existing access and the removal of 5 trees. The access will be formed by a widening of the existing access onto Ballanard Road and inevitably the removal of vegetation on the northern side of the existing access to create visibility over the existing stone wall. Parking for two vehicles will be available to the side of the house with turning space within such that vehicles can enter and exit the site in a forward gear.

2.2 The house will be sited as close as 3m from the road and is a two storey property with plain tendered walls and a combination of single light and three part windows with patio doors and pedestrian single doors at ground floor level. The house is relatively plain other than for a central turreted column enclosing a spiral staircase. The tower roof will sit slightly higher than the main roof. All roofing will be Marley Rivendale or similar (a thin imitation slate which lacks the solidity and irregularity of a natural slate) and grey or white uPVC framed windows. - 2.3 Rainwater and foul sewage will be discharged to the existing main sewerage system. - 2.4 The trees to be removed are four ash and a fir, four of which are described as good in condition and category B and one described as not a good example and category U. - 2.5 The applicant has provided additional information in the form of a Highway Statement and amended plan reference 18/001/01B received on 19th February, 2018. This describes the existing situation, traffic movements, road widths, the proposal to increase the access width to 5m due to the existing access point being considered poor. The proposal will improve visibility for drivers of emerging vehicles, to 36.5m northbound and 56.7m southbound and whilst this does not fully meet highway standards, this could be considered acceptable as the 85th percentile speed of traffic travelling towards the access would be comparable with the distance available to be able to stop using sight stopping distances. Added to this, the traffic levels are relatively light and users of the road would largely be familiar with it and its access points. They suggest that the undulations in the carriageway contribute to traffic calming and reduction of vehicle speed. They refer to walking being a sustainable and practicable method of transport where a range of facilities are within 800m although those then listed are further away than that. They suggest that the 800m distance is not an upper limit and that most reasonably healthy people should be able to walk or cycle to a number of facilities from here. - 2.6 Following comments from Highway Services, the proposal has been amended in respect of the access and visibility splays, the proposal now including land to the north and providing visibility splays of 58.5m to the north and 56.7m to the south. The drawings are not consistent in their annotation and various other distances are shown on the two more recent drawings." PLANNING HISTORY

3.1 Apart from the application which is being proposed to be extended here there are no previous applications on the site. PLANNING POLICY

4.1 The site is within an area zones as "Not Designated for Development" on the Area Plan for the East, Map 4 - Douglas. The property is not within a Conservation Area nor a Flood Risk Zone.

4.2 Given the nature of the application and the land designation General Policy 3 which sets out acceptable development outside of areas zoned for development is the most relevant policy followed by the following strategic policies;

• - Spatial Policy 5 sets out that new development must be location within the existing settlements
• - Strategic Policy 2 sets out that new development should be located primarily within our existing towns and villages or where appropriate in sustainable urban extensions of these towns and villages. Development in the countryside will only be permitted under exceptional circumstances.
• - Strategic Policy 10 sets out that new development should be located and designed to promote a more integrated transport network.
• - Spatial Policy 4 sets out Dalby being a village where any development should maintain the existing settlement character.
• - Environment Policy 1 seeks to prevent development which would adversely affect the side other than in exceptional circumstances.
• - Environment Policy 2 seeks to prevent development within Areas of High Landscape or Coastal Value and Scenic Significance from harming the character and quality of the landscape.
• - Housing Policy 4 sets out that new development must be located primarily within our existing towns or villages.
• - Transport Policy 4 which sets out that the new and existing highways must be designed so as to be capable of accommodating vehicle and pedestrian journeys.
• - Transport Policy 7 in connection with Appendix 7 sets out the current parking standards. REPRESENTATIONS

5.1 Highway Services have considered the proposal and do not oppose as long as Condition 2 of the previous application is followed through to this application. (22.12.21).

5.2 Douglas Corporation have considered the proposal and have no objection. (22.12.21). ASSESSMENT - 6.1 The application is to vary a condition that seeks to restrict the time limit for the implementation of the application. This would have the effect of adding an additional two years onto the time in which the permission would be implemented.

6.2 The main issue in the assessment of this application is whether there have been any material changes, in planning terms, since the application was last approved; for example policy changes, a change to the land use designation, new or altered legislation, or site circumstances that would lead to a different decision being made.

6.3 The Area Plan for the East came into force on the 1st December 2020 which superseded several Local Plans including the Douglas Local Plan 1998. Due to this change the land designation went from "Predominantly Residential" in the Douglas Local Plan 1998 to an area "Not zoned for Development" in the Area Plan for the East. As such the Strategic Policies in which the initial application, PA16/01134/B was assessed has changed. - 6.4 When looking at the new Strategic Policies, General Policy 3 becomes the most relevant to the assessment of a new dwelling within an area zoned as "not for development." The information provided for the application is minimal and there is nothing to demonstrate that the proposed dwelling is there to serve a viable agricultural holding or is there evidence of an

• agricultural need for the property. There is also not an existing building which the proposed property could replace, therefore there are no special circumstances to warrant the setting aside of the presumption against development as set out in General Policy 3.
• 6.5 General Policy 3 is very specific in what will be permitted outside of an area "not zoned for development." When looking at the information within this application and the previously approved application, PA16/01134/B, we can see that both application do not conform with any of the parts.
• 6.6 There is nothing to demonstrate that the proposed dwelling is there to serve a viable agricultural holding, is location-dependent development in connection with the working of minerals or the conduct of agriculture or foresty, is conversion of a redundant rural building, or replacement of an existing rural dwelling, that there is an overriding national need or that the property is required for the interpretation of the countryside, its wildlife or heritage.
• 6.7 Whilst details were received from the applicants to state that they haven't managed to implement PA16/01134/B due to declining health, rise in building cost and Covid, all of which are understandable reasoning's but do not override the Strategic Policies.
• 6.8 The reasoning for the time period of all applications is to ensure that planning applications cannot have everlasting permissions and either the applicant needs to commence development or seek a variation of condition to extend the period be submitted. This process to potentially extend the original period is to re-assess whether there have been any changes in local plan/planning policies and/or any other material planning matters, which in the case of their applications, there have been. CONCLUSION

7.1 Overall, the purpose of the planning system is to control the use and development of land in the public interest. That requires a consideration of what is most appropriate for the population of the island as a whole. The protection of the Manx countryside from development and the presumption that new housing should be directed to locations consistent with the principles of sustainable development are two of the most important themes running through the Strategic Plan, the purpose of which is to establish a consistent framework within which the public interest can be served by the planning system. When making a planning decision that has permanent consequences (such as the erection of a dwelling as is proposed here) it is also essential to bear in mind that the development sought will endure long after the circumstances of the current applicant have ceased to exist.

7.2 Therefore, this application like the majority of applications the Department receives each year for new dwellings in the countryside, should be refused for being contrary to strict and established planning policy which seeks to protect the countryside from development. Furthermore, it is important; that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation.

7.3 It is considered that the proposal would be contrary with the relevant planning policies of The Isle of Man Strategic Plan 2016, for the reasons set out in this report, it is recommended that the application be refused.

INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;

• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Refused Date: 07.02.2022 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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