**Document:** Planning Officer Report **Application:** 08/00207/A — Approval in principle to erect a detached dwelling **Decision:** Refused **Decision Date:** 2008-04-07 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/84929-rushen-surby-road-dwelling-outline/documents/1149717 --- # Planning Officer Report **Application No.:** 08/00207/A **Applicant:** Mrs C A Williams **Proposal:** Approval in principle to erect a detached dwelling **Site Address:** Field 414367 Surby Road Surby Port Erin Isle Of Man ### Considerations Case Officer: Miss S E Corlett **Expected Decision Level:** Delegated Decision Senior DC Officer ### Written Representations ### Consultations Consultee: Highways Division Notes: Consultee: Rushen Commissioners Notes: No objection Consultee : IOM Water Authority Notes : Note received Consultee : Drainage Division Notes : No objection Consultee : Manx Electricity Authority Notes : Note received ## Officer's Report ### The Site The site represents an undeveloped field situated to the north of Surby village and to the east of Surby Road - a cul-de-sac which heads north east from Surby Village and which provides access to a small number of rural properties including Rose Cottage, a Registered Building (RB 9) which lies to the north east of this site. The site is part of a larger field which is 1.4 ha ( 3.46 acres) and is 0.3 ha ( 0.95 acres) in size. The site is arbitrarily defined (ie there are no natural boundaries which subdivide the field). ### Planning Status The site lies within an area designated on the Arbory and East Rushen Local Plan as Open Space and of an Area of High Landscape or Coastal Value and Scenic Significance. ### Planning History PA 89/0444 - construction of dwelling and garage, part field 7756 - permitted. This was a detailed application following an approval in principle (PA 88/1941) which was permitted on the basis that the applicant, the current applicant's father, was a farmer who needed to live on the farmland and who was involved in the running of a farm with "very little hired help" and whilst it was acknowledged by the applicant that the site was "one that it not zoned for residential development" but suggested that his personal circumstances were such that he needed to live on the farmland. He previously lived in a farmhouse which was owned by another party who raised the rent and leased it out separate from the farmland, making it unavailable to the applicant. Both the approval in principle and the detailed application were subject to an agricultural occupancy condition. The Committee was persuaded by these arguments and the applications were permitted. ### The Proposal Proposed is the principle of the erection of a dwelling in the field. The applicant provides information supporting the proposal and explains that their present home, in Onchan is too small for their growing family. They would like to build their own property which is large enough for their growing family and this would be adjacent to the applicant's father who has lived on his own for around a year since being widowed and is in his late 60s - the applicant would like to live close to him. They have considered extending his property to provide a "granddad flat" but all concerned feel that this is not the right solution. They would also like to build a home which is energy efficient. There is also a letter from a resident of Colby who supports the proposal, having known the applicant's father for some time. ### Representations There are objections to the proposal from four local residences - The Leigh, Moorlands, Thie Mooar and Longridge, all of whom express concern at the principle of development of land which is not designated for development and where access is poor. The resident of Folly Cottage does not object to this application, provided that the property will be single storey and low profile, but would object to further development on land not zoned for development in this area. Rushen Parish Commissioners raise no objection to the application. A resident of Port Soderick objects to the application on the basis that the land is not designated for development. Manx Electricity Authority and Isle of Man Water Authority recommend notes regarding the provision of electricity and water to the development. Department of Transport Drainage Division recommend conditions regarding the drainage of the site. **ASSESSMENT** The applicant's father's property was permitted on the grounds of agricultural need and sits within land which is not designated for development on the prevailing local plan. The development of a further dwelling on land which is not designated for development will not only be contrary to the land use designation but also to the presumption against development in unsustainable areas as set out in the following policies within the Strategic Plan. Whilst it is unfortunate that the applicant's father finds himself in an isolated property with little or no company or assistance, the solution to this is not to permit a further dwelling in an undesignated area. Whilst the proposed property may well be energy efficient and environmentally friendly, the site is unsustainable and where its occupants will depend upon the private motor car for transport, contrary to the principles of the Strategic Plan policies as follows: **Strategic Aim:** to plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting and improving the quality of the environment, giving particular regard to our uniquely Manx natural, wildlife, cultural and built heritage. **Strategic Policy 1 which states:** "Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used 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 and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services." **Strategic Policy 2:** "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." **Strategic Policy 4:** "Proposals for development must...b) protect or enhance the landscape quality and nature conservation value or urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations..." **Spatial Policy 5:** New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3. **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." **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: 1 April 2008 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, historical, or social value and interest (Housing Policy 11) c) previously developed land which contains a significant amount of buildings where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environmental 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". 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 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". Whilst it is often difficult having parents which live in remote locations, distant from their family or friends, this is not a justification for the development of further dwellings in the Island's countryside and in unsustainable locations. ## PARTY STATUS 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. Manx Electricity Authority and 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 Folly Cottage, The Leigh, Thie Mooar, Moorlands and Longridge are all affected by the additional traffic which would be generated by the new dwelling and as such should be afforded party status in this instance. The resident of Port Soderick is not directly affected by the proposal and as such should not be afforded party status in this instance. Recommendation Recommended Decision: Refused Date of Recommendation: 25.03.2008 1 April 2008 ## Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
0 : Notes attached to refusals 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 Isle of Man Planning Scheme (Development Plan) Order 1982 and to the provisions of the Island Strategic Plan, in particular to the Strategic Aim, Strategic Policies 1c, 2 and 10, Spatial Policy 5, General Policy 3, Environment Policy 1 and Housing Policy 4. The development would also be contrary to the provisions of the Arbory and East Rushen Local Plan, particularly policies RES/P/1 and ENC/P/1. I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer) Decision Made : Refused Date : Signed : Mrs F Mullen Senior Planning Officer --- *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/84929-rushen-surby-road-dwelling-outline/documents/1149717*