Planning Officer Report and Refusal

• (b) the location for the development is essential." Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14." ### Assessment The planning application seeks approval for the erection of a dwelling to replace an existing redundant agricultural building that currently occupies the application site. The submitted planning application consists of application form, location plan, site plan, elevation and floor plans, photographic survey, and supporting statement. The supporting statement sets out the background of the application site, the circumstances of the applicant, the personal circumstances for the proposed development, and the proposal. The proposed development was the subject of on-site pre-application discussion. From site visit it is evident that the building does not readily or easily lend itself to conversion. In terms of assessment the starting point for consideration is the land use designation under the Laxey and Lonan Area Plan Order 2005 and the relevant planning policy set out within the Laxey and Lonan Area Plan Order 2005 and the Isle of Man Strategic Plan 2007. As stated earlier in this report, the application site is located within a wider area of land that is designated as a) open space/agricultural use; and b) high landscape value and scenic significance under the Laxey and Lonan Area Plan Order 2005. Policy L/RES/PR/1 and policy L/OSNC/PR/1 of the Laxey and Lonan Area Plan Order 2005 set out a presumption against development of the application site in the context of its land use designation and this presumption against is supported by General Policy 3, Environment Policy 1 and Environment Policy 2 of the Isle of Man Strategic Plan 2007. The proposed replacement of an existing outbuilding with a dwelling is not one of the listed exceptions to the presumption against development under General Policy 3 or Housing Policy 4 of the Isle of Man Strategic Plan 2007. Accordingly, it has to be concluded that the proposed development is contrary to the land use designation and relevant planning policy. Previous planning applications and appeal decisions have established that planning approvals should seldom, if ever, granted on the basis of personal circumstances. Whilst the personal circumstances of the applicant are fully understandable and sympathised with it has to be borne in mind that planning is primarily concerned with land use not land ownership and that built development will normally outlast whoever develops it. The personal circumstances set out by the applicant do not outweigh the presumption against the proposed development set out by the land use designation and the relevant planning policy. Setting aside the land use designation and planning policy issues relating to the proposed development it is considered that the increase in traffic generated by an additional dwelling would not be harmful to highway safety. The use and maintenance of the lane that serves the application site is a not a material planning consideration, it is a civil matter between owner and user. It is recommended that the planning application be refused. ### Party Status It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status: Lonan Parish Commissioners; The Department of Transport Highways Division; and The owner and/or occupant of North Grawe Farm. It is considered 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: The Chief Environmental Health Officer; and The owner and/or occupant of Seacliffe. ## Recommendation Recommended Decision: Refused Date of Recommendation: 23.02.2009

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

R 1.

The proposed development is contrary to the land use designation of the application site under the Laxey and Lonan Area Plan Order 2005 and the presumption against development set out by planning policies contained within the Laxey and Lonan Area Plan Order 2005 and the Isle of Man Strategic Plan 2007. Specifically, the proposal is contrary to policies L/RES/PR/1 and L/OSNC/PR/1 of the Laxey and Lonan Area Plan Order 2005 and Environment Policy 1 and Environment Policy 2 of the Isle of Man Strategic Plan 2007. The proposed development does not constitute an exception to the presumption against development under General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2007.

I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)

Decision Made: Refused Date: 25/2/09

Signed: [Handwritten signature] Senior Planning Officer