**Document:** Officer Planning Report
**Application:** 11/00346/B — Erection of a detached dwelling
**Decision:** Refused
**Decision Date:** 2011-05-06
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/698-braddan-hilltop-nursery-vicarage-road-dwelling/documents/1245322

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# Officer Planning Report

## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export]

### Officer's Report

#### The Application Site And Proposed Development

The application site comprises a parcel of land located on the northern side of Vicarage Road, opposite the roundabout junction with Stevenson Way, in Braddan.

The proposed development comprises the erection of a detached dwelling on the application site.

#### Planning History

The application site has been the subject of a number of previous planning applications, two of which are considered specifically material to the assessment of this current planning application:

Planning application 91/4028 sought approval in principle for the erection of two dwellings with garages on Hilltop Nurseries, Vicarage Road, Braddan. This previous planning application was initially refused on the 28th April 1992. The initial refusal was confirmed by the Planning Committee at review, with the review refusal decision notice issued on the 20th August 1992. 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 notice issued on the 15th January 1993. A copy of the decision notice for this previous planning application, the appeal decision and a location plan showing the position of the application site relative to the current planning application site have been placed on the file for this current planning application.

Planning application 00/02399/A sought approval in principle for residential development at Hilltop Nurseries, Vicarage Road, Braddan. This previous planning application was refused on the 22nd May 2001. A copy of the decision notice for this previous planning application, the appeal decision and a location plan showing the

position of the application site relative to the current planning application site have been placed on the file for this current planning application.

There have also been a number of other previous planning applications elsewhere in Braddan that are considered specifically material to the assessment of this current planning application:

Planning application 07/01554/A sought approval in principle for the erection of five dwellings on land at Ballacregga Farm, Vicarage Road, Braddan. This previous planning application was refused on 21st November 2007. A copy of the decision notice for this previous planning application and a location plan showing the position of the application site relative to the current planning application site have been placed on the file for this current planning application.

Planning application 07/00486/A sought approval in principle for the erection of three dwellings with associated roads and sewers on land abutting Peel Road opposite the Braddan Church junction, Peel Road, Braddan. This previous planning application was refused on the 2nd July 2007. 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 notice issued on the 23rd October 2007. A copy of the appeal decision for this previous planning application has been placed on the file for this current planning application, attention is drawn to paragraph 15.

Planning application 08/02040/A sought approval in principle for the erection of a detached dwelling and garage on land abutting Peel Road opposite the Braddan Church junction, Peel Road, Braddan. This previous planning application was refused on the 20th February 2009. 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 notice issued on the 20th October 2009. A copy of the appeal decision for this previous planning application has been placed on the file for this current planning application, attention is drawn to paragraph 33.

Planning application 09/01535/A sought approval in principle for the erection of four dwellings including the formation of new entrance and associated drainage work on part of field 522699, Quines Hill, Port Soderick, Braddan. This previous planning application was refused on the 6th November 2009. 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 notice issued on the 21st April 2010. A copy of the appeal decision for this previous planning application has been placed on the file for this current planning application, attention is drawn to paragraph 12.

In respect of the relevant local plan, and thereby the status of Draft Braddan Parish Plan 2003, it is considered specifically material to the have regard to the appointed Planning Inspector's report and Department's conclusion on the Cool Road Development Order. From these it is clear that that the Department will have no regard to the proposals in the abandoned Draft Braddan Parish Plan 2003 when determining planning applications. A copy of the Department's covering letter for the Cool Road Development Order has been placed on the file for this current planning application.

### Representations

Braddan Parish Commissioners do not object to the planning application.

The Department of Infrastructure Highways Division do not oppose the planning application.

The owner and/or occupant of Cooper Beeches, which directly adjoins the application site, object to the planning application. The grounds for their objection can be summarised as concern that the application site is not designated for development in the extant local plan, highlighting planning appeal decisions and other evidence to support this stance. They also highlight a discrepancy between finished floor levels on the submitted drawings and express concern regarding the potential impact of a three storey dwelling on their property.

The owner and/or occupant of Ballacregga Farm, which directly adjoins the application site, object to the planning application. The grounds for their objection can be summarised as concern that the application site is not designated for development in the extant local plan and that the proposed development is contrary to the local plan and planning policy. They highlight a previously refused planning application as evidence to support their stance.

The owner and/or occupant of 33 Ballaquark, which is located in Douglas, object to the planning application on the grounds that the application site is not zoned for development. They highlight a previous planning appeal that supports their objection.

### Planning Policy

In terms of local plan policy, the application site is partly designated as open space (agriculture) and partly as wood under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 – Plan No. 2. Planning Circular 6/91, which constitutes the written statement to be read in conjunction with the plan, contains a number of policies that are considered to be specifically material to the assessment of this current planning application:

Policy 5.4, which relates to designated residential development within the plan area, states:

"With the exception of an area to the south of Cronkbourne Village, it is felt that no further areas should be recommended for residential development in order to avoid encroachment into an essentially rural area."

Policy 5.8, which relates to new residential development in the countryside, states:

"Residential development in the countryside has been the subject of Planning Circulars:

i) No. 1/88 (Revised) Residential Development – Houses in the Countryside ii) No. 3/88 New Agricultural Dwellings iii) No. 3/89 Renovation of Buildings in the Countryside iv) No. 8/89 Low Density Housing in the Countryside v) No. 3/91 Guide to the Design of Residential Development in the Countryside. This is a separate publication in its own right.

The foregoing set out in detail the policy of the Department with regard to residential development in the countryside and as such must be respected. These circulars comprise appendices nos. 1, 2, 3 and 4 to this document."

Policy 13.4, which relates to development in the countryside, states:

"No further development in the countryside will be permitted with the exception of those referred to on 13.2 and those which are required for national strategic reasons, and those required for essential agricultural purposes. All areas designated as open space must be respected and no further intrusion will be permitted."

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains a number of policies that are considered specifically material to the assessment of this current planning application:

Strategic Policy 2, which relates to the environment, states:

"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."

Spatial Policy 5, which relates to the location of development, states:

"New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."

General Policy 3, which relates to development outside of areas zoned for development, states:

"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."

Environment Policy 1, which relates to the protection of the countryside, 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 3, which relates to the protection of woodland, states:

"Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value."

Housing Policy 4, which relates to the location of residential development, 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 planning approval for the erection of a detached dwelling on the application site.

Whilst the planning application seeks full planning approval and includes detailed drawings of the proposed dwelling it is necessary to first consider the principle of residential development on the application site. In terms of this, as stated earlier in this report the application site is partly designated as open space (agriculture) and partly as wood under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 – Plan No. 2. Under this local plan it can be seen that the application site is not designated for any form of development. Although it is not directly stated within the planning application it is suspected that the applicant places significant weight on the designation of the application site within the abandoned Draft Braddan Parish Plan 2003. As set out within the planning history section of this report it has been confirmed by a number of previous planning appeals and the outcome of the Cool Road Development Order that no regard should be had to the abandoned Draft Braddan Parish Plan 2003 when determining planning applications. The extant local plan is the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991.

Based on the above the development proposed by the planning application is contrary to the relevant land use designation under the extant local plan and thereby contrary to planning policies that seek to protect such areas from unwarranted development. Despite the age of Planning Circular 6/91 the policies that it sets out in respect of the general presumption against development in the countryside remain valid and are essentially repeated by policies set out in the much more recent Isle of Man Strategic Plan 2007. Taking account of these policies and the land use designation it has to be concluded that the proposed residential development of the application site represents unwarranted development within the countryside that is contrary to established planning policy. Given that the principle of development is not acceptable it is concluded to be unnecessary to examine the site specific impacts of the proposed development in detail.

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 should be afforded interested party status:

Braddan Parish Commissioners; The owner and/or occupant of Cooper Beeches; and The owner and/or occupant of Ballacregga Farm.

It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

### Recommendation

**Recommended Decision:** Refused
**Date of Recommendation:** 15.04.2011

### 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 proposal represents unwarranted development of land not designated for such purposes under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 – Plan No. 2. As such the proposal is contrary to the application site’s land use designation and policies 5.4, 5.8, 13.4 and 13.5 of Planning Circular 6/91 and Strategic Policy 2, Spatial Policy 5, General Policy 3, Environment Policy 1, Environment Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2007.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer.

**Decision Made:** Refused
**Date:** 3 May 2011

**Signed:** [Handwritten signature]
Senior Planning Officer

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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/698-braddan-hilltop-nursery-vicarage-road-dwelling/documents/1245322*