**Document:** Officer Report
**Application:** 25/90565/A — Approval in Principle for the erection of a detached dwelling with all matters reserved
**Decision:** Refused
**Decision Date:** 2025-09-12
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/32846-lezayre-aust-veg-lane-dwelling-outline/documents/1113828

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# Officer Report

**Application No.:** 25/90565/A
**Applicant:** Mr Peter Anthony Pearce
**Proposal:** Approval in Principle for the erection of a detached dwelling with all matters reserved
**Site Address:** Aust Veg Aust Lane Ramsey Isle Of Man IM7 4EG
**Planning Officer:** Hamish Laird
**Photo Taken:** 16.07.2025
**Site Visit:** 16.07.2025
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Refused
**Date of Recommendation:** 11.09.2025 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons - R 1. The principle of development for the erection of a dwelling is not accepted because the site lies within a rural and protected part of the countryside where any development is strictly controlled with the site not being allocated specifically for any development. The personal circumstances put forward by the applicant are not considered to be of such significance to warrant a departure from DEFA Planning's policies for the area. The proposal would be contrary to the provisions of Strategic Policies STR2 and STR3; General Policy 3a); Housing Policy 4a); and, Environment Policy 1, which seeks to protect the countryside for its own sake and from "Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - R 2. The siting, design, scale and visual impact of any dwelling on the character of the site, and overall surroundings is unacceptable. Any dwelling would appear very much as an isolated feature on the site. This would be unacceptable in this countryside context, given that the site relates more to the rural, verdant softness of its countryside surroundings, than to any of the nearby dwellings. The proposal would, therefore, fail to accord with the provisions of General Policy 2 (b, c and g) in the Adopted Isle of Man Strategic Plan (2016), which seek to protect sites and their surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; and, to ensure that new development does not adversely affect the character of the surrounding landscape or townscape; or the amenity of local residents or the character of the locality. - R 3. Notwithstanding the above reason for refusal, the applicant has failed to demonstrate that access to the site can be provided from Aust Lane in conjunction with the impact this would have on the public highway at Andreas Road, in accordance with the requirements of the Manual for Manx Roads 2021. No details regarding access arrangements or the submission of a road safety audit, as outlined in paragraph 8.2.6 in the Manual for Manx Roads has been submitted with the application indicating how a safe access could be achieved. It is considered that the proposal to erect a dwelling on the site would fail to satisfactorily accord with this advice as contained in the Manual for Manx Roads (2021). Given the lack of such details to demonstrate that safe access and egress can be achieved from the proposed access location onto the public highway, the proposal fails to meet the requirements of Transport Policy 4 in the Adopted Isle of Man Strategic Plan (2016). _________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Andreas Commissioners - No comments received. Department of Infrastructure Highways Services - No objection. No third party representations have been received, therefore, no persons are granted a right to appeal.

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The application site, known as "Aust Veg", is accessed via Aust Lane (a private lane) leading to West Aust Farm and is accessed from Andreas Road, in the parish of Lezayre, approx. 1.5 km to the north-west of Ramsey. The wider plot comprises an existing 19thcentury Manx vernacular cottage (constructed circa 1890s of Ballacorey brick) with a small outbuilding, set within an area of improved agricultural grassland with an intact hedge line and broadleaved trees along the southern and eastern boundary. The surrounding area is rural in character, with a sparse settlement pattern typical of the northern plains, with a few individual dwellings and farmsteads are scattered in the locality. The nearest neighbour, Aust Vane on Aust Lane, is an example of such a dwelling in the vicinity. The site is not readily visible from any public vantage points beyond Aust Lane and is effectively self-contained.

2.00 THE PROPOSAL - 2.1 The proposal is an application in principle for the erection of a detached dwelling with all matters reserved. The application is accompanied by completed application forms; a Planning Statement outlining the rationale for the proposal; a site location plan showing the site edged red and land also under the applicants control edged blue around the site; and, a site plan showing the position of the plot in relation to the adjoining dwelling at Aust Veg. - 2.2 All matters such as Access, Appearance, Landscaping, Layout, and Scale are to be reserved for approval at a later date. The Planning Statement (in part) advises:

"Proposal Description: The new dwelling proposed is a single, detached family home of highquality modern design with an emphasis on sustainability and energy efficiency. While detailed designs are reserved for subsequent approval, the intention is for an eco-conscious design that respects the rural setting - for example, using sympathetic materials, a form and scale in keeping with the local landscape, and integrating renewable energy/low-carbon technologies.

The dwelling would be located on the southern part of the plot. This placement ensures improved flood resilience and avoids exacerbating any flood risk to the existing cottage or surrounding land. Access to the new house would be via the existing private lane (no new access roads required), and essential services (water, power, telecom) are available in the immediate vicinity, meaning the site can be readily serviced without extensive infrastructure works.

In summary, the proposal is to retain the original "Aust Veg" cottage in situ and construct one new dwelling on the same landholding. This approach allows the continued conservation of a traditional Manx building while providing a fit-for purpose residence for our family. Importantly, the development remains limited in scale (one additional unit) and contained entirely within our property, avoiding sprawl into open countryside."

3.0 PLANNING POLICY AND STATUS - 3.1 The application site is within an area not designated for development under the Isle of Man Development Plan Order 1982. The site is not within an area zoned as High Landscape or Coastal Value and Scenic Significance. It is shown as lying outside and to the south of the settlement boundary for Andreas as shown on Draft Proposals Map 8 - ANDREAS - in the Draft Area Plan for the North and West (2022). - 3.2 In the Isle of Man Landscape Character Assessment (2008), the land is also linked to Map 2 Landscape Assessment Areas; that identifies site is within an area that is broadly classified as F4 or 'Sulby'. - 3.3 Within the written statement under section 3.0 Landscape Character Area (LCA), page 144, at Section F4 "Sulby".

F4 Sulby notes that the: "The overall strategy should be to conserve and enhance the character, quality and distinctiveness of this rural area with its scattered settlement pattern, relatively strong field pattern and enclosed network of minor rural roads."

3.4 It is noted the site and existing buildings and their footprint are not identified as being at flood risk. - 3.5 The site is not within a Registered Tree Area. - 3.6 The following policies of the IOM Strategic Plan (2016) are considered relevant to the consideration of the application: - 3.7 Environment Policy 1: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix

3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative."

3.8 Environment Policy 2: "The present system of landscape classification of Areas of High Landscape or Coastal Value and 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 policies 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:

- (a) the development would not harm the character and quality of the landscape; or
- (b) the location for the development is essential."

3.9 Environment Policy 4: Development will not be permitted which would adversely affect:

- (a) species and habitats of international importance:

- (i) protected species of international importance or their habitats; or
- (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.

- (b) species and habitats of national importance:

- (i) protected species of national importance or their habitats;
- (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or
- (iii) Marine Nature Reserves; or
- (iv) National Trust Land.

- (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats.

3.10 Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward. - 3.11 General Policy 2

General Policy 2 indicates that: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

- (a) is in accordance with the design brief in the Area Plan where there is such a brief;
- (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
- (c) does not affect adversely the character of the surrounding landscape or townscape;
- (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
- (e) does not affect adversely public views of the sea;
- (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- (g) does not affect adversely the amenity of local residents or the character of the locality;
- (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;

- (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
- (j) can be provided with all necessary services;
- (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
- (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
- (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- (n) is designed having due regard to best practice in reducing energy consumption."

3.12 General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:

- (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
- (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);
- (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
- (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
- (e) location-dependent development in connection with the working of minerals or the provision of necessary services;
- (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
- (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
- (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

3.13 Housing Policy 1 states that 'The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026'. - 3.14 Housing Policy 4: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (1) 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." Housing Policy 11:

3.15 Housing Policy 12: "The replacement of an existing dwelling in the countryside will generally be permitted unless:

- (a) the existing building has lost its residential use by abandonment; or
- (b) the existing dwelling is of architectural or historic interest and is capable of renovation.

In assessing whether a property has lost its habitable status(1) by abandonment, regard will be had to the following criteria:

- (i) the structural condition of the building;
- (ii) (ii) the period of non-residential use(2) or non-use in excess of ten years;
- (iii) (iii) evidence of intervening use; and
- (iv) (iv) evidence of intention, or otherwise, to abandon.

3.16 Housing Policy 13: "In the case of those rural dwellings which have lost their former residential use by abandonment, consideration will be given in the following circumstances to the formation of a dwelling by use of the remaining fabric and the addition of new fabric to replace that which has been lost. Where:

- a) the building is substantially intact; this will involve there being at least three of the walls, standing up to eaves level and structurally capable of being retained; and
- b) there is an existing, usable track from the highway; and where
- c) a supply of fresh potable water and of electricity can be made available from existing services within the highway.

3.17 This policy will not apply in National Heritage Areas (see Environment Policy 6). Permission will not be given for the use of buildings more ruinous than those in (a) above, or for the erection of replacement buildings. Extensions of dwellings formed in accordance with the above may be permitted if the extension is clearly subordinate to the original building (i.e. in terms of floor space(3) measured externally, the extension measures less than 50% of that of the original). - 3.18 Housing Policy 14: "Where a replacement dwelling is permitted, it must not be substantially different to the existing in terms of siting and size, unless changes of siting or size would result in an overall environmental improvement; the new building should therefore generally be sited on the "footprint" of the existing, and should have a floor area(1), which is not more than 50% greater than that of the original building (floor areas should be measured externally and should not include attic space or outbuildings). Generally, the design of the new building should be in accordance with Policies 2- 7 of the present Planning Circular 3/91, (which will be revised and issued as a Planning Policy Statement). Exceptionally, permission may be granted for buildings of innovative, modern design where this is of high quality and would not result in adverse visual impact; designs should incorporate the re-use of such stone and slate as are still in place on the site, and in general, new fabric should be finished to match the materials of the original building.

Consideration may be given to proposals which result in a larger dwelling where this involves the replacement of an existing dwelling of poor form with one of more traditional character, or where, by its design or siting, there would be less visual impact."

3.19 Strategic Policy 1: "Development should make the best use of resources by:

- (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using scarce indigenous building materials;

- (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
- (c) being located so as to utilise existing and planned infrastructure, facilities and services."

3.20 Strategic Policy 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph

- 6.3." (See General Policy 3).

3.21 Strategic Policy 4: Proposals for development must:

- (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;
- (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
- (c) not cause or lead to unacceptable environmental pollution or disturbance.

3.22 Strategic Policy 5: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies." - 3.23 Strategic Policy 10 Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to:

- (a) minimise journeys, especially by private car;
- (b) make best use of public transport;
- (c) not adversely affect highway safety for all users, and
- (d) encourage pedestrian movement

### 3.24 Paragraph 7.34.1

- 7.34.1 Every settlement in the Island has its own individual character and identity which needs to be conserved and enhanced. If such characteristics and qualities are not to be lost, any new development must be appropriate to the locale in terms of scale, siting, design, relationship with other buildings and land uses. Area Plans should identify important spaces within settlements, whether in the form of village greens, squares or areas which simply add to the attractiveness and interest of particular areas which have positive amenity value. It is important to the attractiveness and individuality of centres that over intensive development is avoided as well as the gradual merging of towns and villages in order to preserve a sense of identity and sense of place. In terms of existing settlements, in both rural and urban areas, new development will be expected to follow the following design principles. Development will need to:

- i. be of a high standard of design, taking into account form, scale, materials and siting of new buildings and structures;
- ii. be accompanied by a high standard of landscaping in terms of design and layout, where appropriate;

- iii. protect the character and amenity of the locality and provide adequate amenity standards itself;
- iv. respect local styles; and
- v. provide a safe and secure environment.

3.25 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative." - 3.26 Environment Policy 15 states: "Where the Department is satisfied that there is agricultural or horticultural need for a new building (including a dwelling), sufficient to outweigh the general policy against development in the countryside, and that the impact of this development including buildings, accesses, servicing etc. is acceptable, such development must be sited as close as is practically possible to existing building groups and be appropriate in terms of scale, materials, colour, siting and form to ensure that all new developments are sympathetic to the landscape and built environment of which they form a part.

Only in exceptional circumstances will buildings be permitted in exposed or isolated areas or close to public highways and in all such cases will be subject to appropriate landscaping. The nature and materials of construction must also be appropriate to the purposes for which is it intended.

Where new agricultural buildings are proposed next to or close to existing residential properties care must be taken to ensure that there is no unacceptable adverse impact through any activity, although it must be borne in mind that many farming activities require buildings which are best sited, in landscape terms, close to existing building groups in the rural landscape".

3.27 Transport Policy 4 and Transport Policy 7, respectively indicate that: any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner; and, that for all new development, parking provision must be in accordance with the Department's current standards. - 3.28 Planning Circular 3/91 "Guide to the design of residential development in the countryside" is materially relevant to this proposal. Policy 3 in particular: "The shape of small and medium sized new dwellings should follow the size and pattern of traditional farmhouses. They should be rectangular in plan and simple in form. Extensions to existing buildings should maintain the character of the original form."

## - 4.00 RELEVANT SITE HISTORY

### 4.1 None - 5.0 REPRESENTATIONS

5.1 Andreas Commissioners - no comments had been received by the Report Drafting stage

- 20/5/25.

5.2 DoI Highways Services (23/6/25) - Comments: "Highway Services HDC have reviewed the planning application 25/90565/A details and can comment as follows:

- o The road which the proposals would access appears to have 5 or more dwellings with access taken off of it.

- As per manual for manx roads document, no more than 5 dwellings can take their access off of a private road. o Therefore, adding an additional dwelling along the private road would contravene existing access policy and would not be supported by HDC.

Response: Oppose the application due to highway safety and maintenance issues.

5.3 DEFA Ecosystems Policy Team (9/7/25) - Comments:

- o The application site is an agriculturally improved field with an intact hedge line and broadleaved trees along the southern and eastern boundary. Though detailed plans have not yet been provided, our presumption is that a section of hedge and broadleaved trees will need to be removed to facilitate a new site entrance, though priority should go to avoidance of any removal in the first instance.
- o As well as the potential requirement for tree and hedge removal to form a site access, we are also concerned about the potential for future pressure for additional tree removal due to
- overshading and/or risk, and Planning should take both of these issues into account when deciding whether the development of a residential dwelling is appropriate in this location.
- o Should approval in principle be granted, the detailed application should be accompanied by an Arboricultural impact assessment, tree protection and removal drawings and soft landscaping plans with details of replacement tree and hedge planting. The site entrance should be located in a way which avoids the need to remove any mature trees, or trees with bat roost features, or well developed and mature hedges. Depending on the plans for vegetation removal, mitigation in the form of replacement bird nesting and bat roosting spaces may be required. Tree with potential bat roost features should be assessed for their potential to hold roosting bats.
- o Bats are likely using the area for feeding and community, and possibly roosting, therefore external lighting should be avoided or undertaken sensitively, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023)

5.4 No third party (neighbour) representations had been received by the Report Drafting stage (9/7/25).

## - 6.0 ASSESSMENT

6.1 The main issues to be considered in this case are: i) The principle of development - (STP2, STP 10 and SP4); and, taking into account any exceptional circumstances (SP5, GP3b, HP4b, HP11,) (ii) Visual Impact (GP2 b, c; EP1, EP15)

- (iv) Neighbouring amenities (GP2g)
- (v) Highway Safety (GP2 h & i; TP 4 & 7)
- (vi) Trees and Ecology (STP4b, EP3, GP2d)
- (vii) Drainage / flooding (GP2l, Ep7)
- (viii) Conclusion

i) The principle of development

6.2 The starting point for any development within the countryside is the relevant policies contained in the Isle of Man Strategic Plan (2016) - (IoMSP). - 6.3 In the IoMSP, Strategic Policy STP2 prioritises the location of new residential development within existing towns and villages, and advises that development in the Strategic Policy STP2 prioritises the location of new residential development within existing towns and

villages, and advises that development in the countryside will only be permitted in exceptional circumstances as identified in Paragraph 6.3 'Development outside of areas zoned for development' of the Strategic Plan. General Policy GP3 indicates (amongst other things) that: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);"countryside will only be permitted in exceptional circumstances as identified in Paragraph 6.3 'Development outside of areas zoned for development' of the Strategic Plan. General Policy GP3 indicates (amongst other things) that: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies

- 7, 8, 9 and 10);"

6.4 Housing Policy 4 indicates the same as General Policy 3 advising (amongst other things) that: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) 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;" - 6.5 Housing Policy 7 indicates that: "New agricultural dwellings will only be permitted in exceptional circumstances where real agricultural need is demonstrated.", whilst Housing Policy

- 8 outlines occupancy restrictions for agricultural dwellings; Housing Policy 9 outlines the parameters of where an agricultural dwelling should be sited; and, Housing Policy 10 outlines the design requirements for agricultural dwellings to ensure, as far as possible, that they are of a size and design, function and affordability to future agricultural workers.

6.6 This application seeks approval in principle (no design details are provided) for the erection of a dwelling. The submitted Planning Statement advises that the proposal seeks to retain the existing historic Manx cottage on site and to construct a second eco-conscious, single detached family home of high-quality modern design with an emphasis on sustainability and energy efficiency elsewhere on the plot. It acknowledges that the site lies in the countryside (outside any designated settlement boundary) and is not allocated for development in the current planning framework. It argues that the unique site-specific circumstances and alignment with broader Strategic Plan objectives justify a favourable consideration of this bespoke one-off dwelling. It is noted, however, that there would be no connection with the proposed dwelling and agriculture, forestry or permitted mineral extraction, which would be contrary to the provisions of IoMSP 2016 policies STP2, STP 10 and SP4; and, also it is considered that insufficient exceptional circumstances have been put forward - the applicant has put forward a range of exceptional circumstances which are listed in the Planning Statement and are listed as:

- o Preservation of a Historic Vernacular Cottage;
- o Addressing Flood Risk and Climate Resilience;
- o Modern Family Home - Sustainability and Design;
- o Minimal Impact on Landscape and Visual Amenity;
- o No Adverse Effect on Neighbours or Community;
- o Lack of Alternative Solutions;
- o Modest Scale - No Precedent for Large Development;
- o Support of Strategic Housing Aims;
- o Local Precedents for Retention + New Build;

6.7 In terms of responses to the exceptional circumstances put forward by the applicants, the refurbishment of an existing adjoining dwelling on the site does not qualify as exception circumstances. The adjoining "Historic Vernacular Cottage" could be refurbished as it stands. Also, the site could be sold and refurbished; or, the applicants could invest in its refurbishment.

- The need to erect a new dwelling alongside that existing without outlining how its erection could enable the cottage to be refurbished, given that both would need to be funded one way or another, does not mean that a new dwelling is required to enable this to occur. It is more likely to mean thatunles sold, the appcliant woulkd invest solely in the new dwelling and
- 6.8 It is noted that the existing cottage is not a Registered Building, nor does it lie within any Conservation Area.
- 6.9 In terms of the other exceptional circumstances put forward:

- o Addressing Flood Risk and Climate Resilience; Officer comment: The site is not located in a flood risk zone as shown on the DoI's published Indicative Flood Risk Maps.
- o Modern Family Home - Sustainability and Design Officer comment: No design details have been provided and as such this aspect of the proposals cannot be assessed.
- o Minimal Impact on Landscape and Visual Amenity Officer comment: No design details have been provided and as such this aspect of the proposals cannot be assessed.
- o No Adverse Effect on Neighbours or Community Officer comment: No design details have been provided and as such this aspect of the proposals cannot be assessed.
- o Lack of Alternative Solutions; Officer comment: No details of any other available residential properties in the locality have been put forward. An internet search of property websites reveals that other dwellings are available to rent/purchase in the locality of the site which is close to Ramsey.
- o Modest Scale - No Precedent for Large Development Officer comment: No design details have been provided and as such this aspect of the proposals cannot be assessed.
- o Support of Strategic Housing Aims Officer comment: The proposal is for an unrestricted new dwelling in the countryside with no justification in terms of its requirement in respect of agriculture, horticulture, forestry or permitted mineral extraction. This is contrary to the provisions of policies SP2, GP3b, HP4 a, b, and c; and, HP12 in the IoMSP 2016, and would not meet the strategic aims as outlined in the Island's Strategic Plan.
- o Local Precedents for Retention + New Build Officer comment: Any proposals for retention and/or new build residential properties in the locality will have been subject to a planning application which will have been considered by the Planning Committee.

6.10 Given the above comments, it is considered that the erection of a new dwelling alongside the existing cottage within the applicants ownership/control is not considered sufficient as enabling development to refurbish it, and as such the proposal would be contrary to the provisions of policies SP5, GP3b, HP4 a, b, and c; and, HP12 in the IoMSP 2016. - 6.11 The principle of development for a new dwelling on the site, is therefore, not accepted.

- (ii) Visual Impact

6.12 As advised above, the application seeks Approval in Principle and no design details have been submitted for the proposed dwelling. Should Approval in Principle be granted, any future

- application for the submission of 'Reserved Matters' - (Access, Appearance, Landscaping, Layout and Scale) would be considered through the consideration of a separate application containing these details, plus any items that may be the subject of conditions. It is noted however, that this application for permission in principle would, if approved, result in a new dwelling in the countryside which would have a visual impact. Policies GP2 b) and c) in the IoMSP seek to ensure that new development respects its surroundings and does not detract from the landscape or townscape of the area.
- 6.13 Policy ENV1 indicates that the countryside and its ecology will be protected for its own sake, and that development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative. In this case, no such need has been identified and whilst no design details have been submitted, the development would, nevertheless, result in a visual impact, which given the current open and undeveloped nature of this site in the countryside, be unacceptable and contrary to the provisions of Policies GP2 b) and c); and, ENV1 in the IoMSP 2016.

- (iii) Neighbouring amenities

6.14 As no details are provided, any potential impacts in respect of neighbours residential amenities (other than access and traffic impacts) would be subject to consideration at the Reserved Matters stage. The highways implications are considered separately below. The proposal would generate traffic movements along the private road serving the site from the public highway - Andreas Road, during both the construction stage and operationally once any dwelling is occupied. - 6.15 The site of the proposed dwelling lies adjacent to residential properties at Aust Veg and Aust Vane. Both are set back from the access track serving them and the site. It is unlikely that they would be significantly impacted upon in respect of any new development appearing overbearing or due to loss of light, outlook, and privacy due to the distances involved. Consideration of any impacts on their occupant's amenities would be fully considered at the Reserved Matters stage should Approval in Principle be granted.

- (iv) Highway Safety

6.16 The site is proposed to be served from an existing agricultural vehicular access, which also serves several dwellings onto Andreas Road. DoI Highways Services has commented advising that it opposes the application because the access road serving the site appears to already serve 5 or more dwellings with access taken off of it, which is contrary to the advice contained in the Manual for Manx Roads (2021) which advises that no more than 5 dwellings can take their access off of a private road. The additional dwelling along this private road would contravene existing access policy and would not be supported by DoI Highways Services. - 6.17 Given the comments received from DoI Highways and the lack of any details regarding access arrangements or the submission of a road safety audit, as outlined in paragraph 8.2.6 in the Manual for Manx Roads, and how the highways objection could be addressed, it is considered that the proposal to erect a dwelling on the site would fail to satisfactorily accord with the advice contained in the Manual for Manx Roads (2021).

- (vi) Trees and Ecology

6.18 There are a number of trees on site, particularly along the sites road frontage with Aust Lane. These are interspersed with mature hedging. The application forms accompanying the proposal advise that there are trees on or within 15m of the proposed development site with a stem diameter of 75mm or more, measured at 1.5m above ground level, but does not detail whether any trees would be removed to accommodate the development. It is noted that the

- site is not located in a registered Tree Area, and no registered trees are recorded as being on the site.
- 6.19 The comments received from the Ecosystems Policy Team (EPT). From a site visit by the Case Officer and comments received, it is clear that a section of hedge and broadleaved trees will need to be removed to facilitate a new site entrance. Concerns are raised that apart from tree and hedgerow removal to enable the site access to be achieved, concern is also raised in respect of potential future pressure for additional tree removal due to overshadowing and/or risk to structural elements of any new dwelling during adverse weather conditions. The EPT further comments that if an approval is granted, the an Arboricultural Impact Assessment (AIA) should be submitted at the Reserved Matters stage and that Trees with bat roosting potential should be surveyed and mitigated against if found, with bat roosting spaces provided along with replacement bird nesting sites.
- 6.20 None of the trees on site are protected, and could be removed without any formal approval. It is considered that any requirements in respect of tree removal van be covered by an AIA at the Reserved Matters stage as can an up to date Bat and breeding bird survey. These would form part of the Landscaping element of any RM submission and can be conditioned. This would accord with the provisions of policy ENV5 in the IoMSP 2016.

- (vii) Drainage / flooding

6.21 The site is not located in a flood risk zone as shown on the DoI's published Indicative Flood Risk Maps. It is noted that no drainage details or any Flood Risk Assessment have been provided with the application.

- (viii) Conclusion

6.22 The proposed development for an unrestricted dwelling on the site is considered unacceptable as it would be contrary to the strategic and location planning policies outlined in the IoMSP 2016. Insufficient justification has been put forward in respect of exceptional circumstances for the proposal to accord with the provisions of Strategic Policy STP2 which prioritises the location of new residential development within existing towns and villages, and advises that development in the countryside will only be permitted in exceptional circumstances as identified in Paragraph 6.3 'Development outside of areas zoned for development', and General Policy GP3 of the Strategic Plan which indicates that "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);". None of the exceptional circumstances put forward by the applicant as outlined paragraph 6.6 of this Report, especially that the development is required to enable the refurbishment of the existing cottage on site, have been demonstrated plausible to a satisfactory degree, where they would mean that a new dwelling on the site should be permitted. - 6.23 The highways objection, which is an objection in principle, can be overcome. However, this would require details to be submitted to demonstrate that. - 6.24 None of the trees on site are protected, and could be removed without any formal approval. Any requirements in respect of tree removal can be covered by an AIA at the Reserved Matters stage as can an up to date Bat and breeding bird survey, all of which can be conditioned as part of the Landscaping element of any RM submission.

6.25 Overall, the application for dwelling in the countryside without justification fails to satisfy the provisions of Policies STR2, STR3, GP3 and ENV1 in the IoMSP 2016, and the application is recommended for refusal.

## - 7.00 RDCOMMENDATION

7.1 The application is recommended for refusal. 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

8.2 Article A10 sets out that the right to appeal is available to:

- o applicant (in all cases);
- o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
- o any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

- o any appellant or potential appellant (which includes the applicant);
- o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
- o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
- o in the case of a petition, a single representative.

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 and/or rights to appeal.

Decision Made : Refused Date: 12.09.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

Customer note This copy of the officer report reflects the content ofthe office copy and has been produced in this form for the benefit of our online service/customers and archive record.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/32846-lezayre-aust-veg-lane-dwelling-outline/documents/1113828*