**Document:** 08/01292/R Officer Report
**Application:** 08/01292/R — Creation of parking and turning area (Alternative scheme to 03/00639/B)
**Decision:** Permitted
**Decision Date:** 2008-11-26
**Parish:** Lonan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/86020-lonan-jubilee-house-clay-head-road-parking-alteration/documents/1236197

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# 08/01292/R Officer Report

### Written Representations [Table omitted in markdown export] [Table omitted in markdown export] ### Consultations [Table omitted in markdown export]

### Officer's Report

## THE APPLICATION SITE AND PROPOSED DEVELOPMENT

The application site comprises of a parcel of land that is located on Clay Head Road, approximately 25 metres east of existing residential development, in Lonan.

The proposed development comprises of the creation of a parking and turning area on the application site. The proposal is proposed as an alternative to the development permitted by previous planning application 03/00639/B and is made retrospectively.

### Planning History

The application site and adjacent land has been the subject of six previous planning applications that are considered specifically material to the assessment of this current planning application.

Planning application 02/01640/A sought approval in principle for the erection of a dwelling on the land that includes the application site for the current planning application. This previous planning application was initially considered and refused on the 16th January 2003, with the initial refusal decision notice issued on the 23rd January 2003. The refusal was confirmed at a subsequent review on the 7th March 2003, with the review refusal decision notice issued on the 12th March 2003.

Planning application 03/00639/B sought approval for the creation of a vehicular turning area with three parking spaces on land that includes the application site for the current planning application. This previous planning application was initially considered and approved on the 8th August 2003, with the initial approval decision notice issued on the 13th August 2003.

Planning application 06/01515/A sought approval in principle for the erection of two detached dwellings on land that includes the application site for the current planning application. This previous planning application was considered and refused on the 31st October 2006, with the refusal decision notice issued on the 7th November 2006. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 17th July 2007.

Planning application 03/00640/B sought approval in principle for the erection of a dwelling on land adjacent to the application site for the current planning application. This previous planning application was initially considered and refused on the 8th August 2003, with the initial refusal decision notice issued on the 13th August 2003. The refusal was confirmed at a subsequent review on the 12th December 2003, with the review refusal decision notice issued on the 19th December 2003. A subsequent appeal against the refusal was dismissed by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal refusal decision issued on the 5th May 2004.

Planning application 05/00924/A sought approval in principle for the erection of a dwelling on land adjacent to the application site for the current planning application. This previous planning application was initially considered and refused on the 15th July 2005, with the initial refusal decision notice issued on the 25th July 2005. The refusal was confirmed at a subsequent review on the 16th September 2005, with the review refusal decision notice issued on the 27th September 2005.

Planning application 06/00721/B sought approval for the erection of a dwelling and garage on land adjacent to the application site for the current planning application. This previous planning application was considered and approved on the 7th July 2006, with the approval decision notice issued on the 14th July 2006. Condition no. 4 of the planning approval states that "Prior to the commencement of development the turning facility and parking area approved under planning application 03/00639/B must be constructed and be capable of use."

## Representations

Lonan Parish Commissioners recommend that the planning application be approved. The Department of Transport Highways Division do not oppose the planning application. The owner and/or occupant of 28 Ballacannell in Lonan, who states that they own land surrounding the application site, express an interest in the planning application. They advise that whilst they do not object to the planning application that question the extent of the application site, the construction standard of the parking and turning area, and the absence of provision for access into the adjoining field as per previous planning application 03/00639/A.

### Planning Policy

In terms of land use designation, the application site is not designated for any site specific purpose and is located within wider areas of land that are designated as being a) open space/agricultural use; b) of high landscape value and scenic significance; and c) of ecological interest under the Laxey and Lonan Area Plan Order 2005. The plan contains two policies that are considered specifically material to the assessment of the current planning application:

Policy L/OSNC/PR/1 states:
"There will be a general presumption against development on areas designated as open space or open space for particular purpose."
and
Policy L/OSNC/PR/3 states:
"In order to preserve those areas of interest to nature conservation within the study area, there will be a general presumption against any development which would have an adverse impact or effect thereon. This policy will apply to areas identified as of ecological interest on the plans and those which may be identified in the future as of such importance.

The provision of a turning facility on Clay Head Road in association with the erection of one additional dwelling is referred to at paragraph 4.49 of the local plan. This states that "....Provision could also be made within the site for the benefit of visitors and residents of the area, for a turning facility for users of the road, to be adopted by the highway authority in due course."

In terms of strategic planning, the Isle of Man Strategic Plan 2007 contains four policies that are considered specifically material to the assessment of the current planning application.

General Policy 2 states:
"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."

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."

Environment Policy 2 states:
"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."

Environment Policy 4 states:
"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. 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."

## Assessment

The planning application seeks retrospective approval for the creation of a parking and turning area on the application site. The site has been cleared and lined with compacted hardcore, the final brush concrete finish remains to be done.

In order to assess the proposed development it is necessary to have regard to the planning application history for the application site. In that respect there are two previous planning applications that are specifically relevant. Firstly, the creation of a vehicular turning area with three parking spaces on land that includes the application site for the current planning application was granted approval under previous planning application 03/00639/B. Secondly, the erection of a dwelling on land adjacent to the application site for the current planning application was granted approval under planning application 06/00721/B. Condition no. 4 of the planning approval states that "Prior to the commencement of development the turning facility and parking area approved under planning application 03/00639/B must be constructed and be capable of use.". It is apparent that work on the dwelling permitted by previous planning

application 06/00721/B commenced before the turning facility and parking area had been constructed and was capable of use. As such, there was an apparent breach of planning control and specifically a failure to comply with condition no. 4 of the planning approval for previously approved planning application 06/00721/B. This current planning application attempts to resolve the issue.

The need for a car parking and turning area on Clay Head Road is clearly evident from site visit and, as stated earlier, there have been previous planning applications that included means of addressing this issue. Whilst the parking and turning area proposed by the current planning application is different to that permitted under previous planning application 03/00639/B it is of sufficient size to allow appropriate parking and turning, as was the intention of the original planning approval. Accordingly, the development proposed by the current planning application satisfies the intended purpose of the car parking and turning area proposed within previous planning 03/00639/B. Provided that the proposed car parking and turning area is constructed the principle behind condition no. 4 of previously approved planning application 06/00721/B will have been satisfied. In terms of visual impact it is considered that once completed in accordance with the submitted drawings the car parking and turning area will have a suitably limited impact within the surrounding area.

It is recommended that the planning application be approved subject to a condition requiring construction in accordance with drawing no. GS.08.2 to be completed within six months of the grant of planning approval.

### Party Status

I consider 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 28 Ballacannell.

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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/86020-lonan-jubilee-house-clay-head-road-parking-alteration/documents/1236197*