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Application No.: 07/01946/A Applicant: Mr & Mrs E Collister Proposal: Approval in principle to erect a detached dwelling Site Address: Land Adjacent To Lyngarth Beachfield Farm Lane Kirk Michael Isle Of Man ### Considerations Case Officer: Miss S E Corlett Expected Decision Level: Delegated Decision Senior DC Officer ### Written Representations ### Consultations
The site represents an undeveloped piece of land situated within a group of existing dwellings - Sunset View, Geay Varrey, Valhalla and Lyngarth (the applicant's dwelling) all located to the south of Shore Road and accessed via a narrow lane which joins Station Road.
The site lies within an area designated as Predominantly Residential on the Kirk Michael Local Plan of 1994.
Permission was sought and refused for the development of a dwelling under PA 88/1527. Planning permission was sought for the development of four building plots under PA 99/1911 and refused. Temporary storage of motor vehicles and scaffolding were refused under PAs 00/0168 and 06/277.
Proposed now is the erection of a dwelling on the site. The dwelling will be a detached dormer bungalow using the existing shared access lane.
Department of Transport Drainage Division raise no objection subject to the applicant discussing connection to the mains sewerage prior to the submission of a detailed application.
There is an objection to the application from the occupants of Cliffside, Station Road, Ocean Vista on Beachfield Farm Lane, Valhalla and Beachfield House on the basis that the access is very narrow, has no lighting or footpaths and the proposed private drainage facilities may pose a problem for those in adjoining properties. It is also pointed out that previously it was stipulated that no further dwellings should be erected on the site.
Kirk Michael Commissioners indicate that they have no objection to the application. The Isle of Man Water Authority recommend a note regarding water supplies. Mr. Cannan MHK indicates that the proposed development would appear to contravene the Coastline Management Act Designation Order.
The dwelling which is now Sunset View was permitted on appeal under 02/1434 where there were objections to the application from, amongst others, the Department of Transport who suggested that the access was too poor to satisfactorily accommodate a further dwelling. The Inspector disagreed with this saying, "I appreciate that the Department of Transport Highways Division objects to the development on the grounds of the inadequacy of the narrow access and lack of footway provision, a view reflected in the Committee's initial decision to refuse to grant approval. However, whilst mindful of the narrowness and other serious deficiencies of Beachfield Farm Lane on balance I share the Committee's conclusion at Review that the additional traffic from a single dwelling would be acceptable. Such traffic is clearly distinguishable from the amount of traffic that would be generated by a development of four dwellings" (paragraph 32). Reference was made in the Planning Committee's statement that "the Planning Committee notes that the land to the north east of the site
was to remain as open land". The applicant's agent in the submission to appeal states "the number of dwellings has been reduced to one bungalow which is to be located on the west side of the site with an open space remaining between the proposed dwelling and the adjoining properties" and references to the access refer repeatedly to the traffic generated by a 2 vehicle family. As such, whilst permission was granted for the construction of Sunset View, this in no way implies that permission would be forthcoming for building in the space alongside.
With respect to the matter of the management of the coastline, the 2005 Coastal Management Act makes provision for the protection of the coastline and also for provision of specific areas of coastline which are particularly vulnerable. In this case, the site lies just outside the area which is noted as being affected by erosion of the coast within 50 years if it were 3 times the recommended rate. There are other properties between the site and the coast and development in the immediate vicinity has been permitted in the relatively recent past (see above). There is no objection to the proposal from the Department of Transport on the basis of impact on erosion or management of the coastline.
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.
The Isle of Man Water Authority raise issues associated with the provision of a water supply, which are not material planning considerations and as such the Water Authority should not be afforded party status in this instance.
The occupants of Cliffside, Valhalla, Beachfield House and Ocean Vista all share access with the proposed dwelling at some point before it joins Station Road and as such should be afforded party status in this instance.
In summary therefore, the following parties are accorded Interested Party Status:
The Department of Transport Highways Division Michael Commissioners The owner/occupier Cliffside, Station Road, Kirk Michael The owner/occupier Valhalla, Beachfield Farm Lane, Kirk Michael The owner/occupier Beachfield House, Beachfield Farm, Kirk Michael The owner/occupier Ocean Vista, Station Road, Kirk Michael Department of Transport Drainage Division
Accordingly the following parties are not granted Interred Party Status:
Isle of Man Water Authority Mr Jessop, Seaclife, Port Soderick Mr Cannan MHK
Recommended Decision: Refused Date of Recommendation: 03.03.2008 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The access serving the site is inadequate to safely or conveniently accommodate a further dwelling.
Note: in the consideration of the application for the property which is now Sunset View, this plot was shown as garden space for that dwelling and the Inspector noted in his conclusions that the traffic from this one additional dwelling would not adversely affect road safety. This latest application would further increase traffic using this road network.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Refused Date : 4/12/08
Signed : Mrs F Mullen Senior Planning Officer
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