**Document:** Officer Planning Report **Application:** 10/00323/A — Approval in principle for the erection of a detached dwelling **Decision:** Refused **Decision Date:** 2010-04-20 **Parish:** Bride **Document Type:** report / officer_report **Source:** https://planningportal.im/a/36078-bride-ayre-mowers-dwelling-outline/documents/1350112 --- # Officer Planning Report **Application No.:** ** 10/00323/A ** **Applicant:** ** Miss Myrtle Quine ** **Proposal:** ** Approval in principle for the erection of a detached dwelling ** **Site Address:** ** - Former Ayre Mowers Site - Bride Road - Bride - Isle Of Man --- ### Considerations **Case Officer:** Mr Chris Balmer ** **Photo Taken:** ** 12/04/10 ** **Site Visit:** ** 12/04/10 ** **Expected Decision Level:** ** Senior Planning Officer --- ### Written Representations --- ### Consultations **Consultee:** Highways Division **Notes:** Do not oppose **Consultee:** Clerk To Bride Parish Commissioners **Notes:** **Consultee:** Manx Electricity Authority **Notes:** Comments received **Consultee:** Drainage Division **Notes:** Defer - have requested a percolation test to confirm drainage proposals i.e soakaway. --- ### Officer's Report #### Site The application site forms the curtilage of the Former Ayre Mowers Site, Bride Road, Bride, which is a parcel of land which partly comprises of a hardstanding area to the front of the side, located on the eastern side of Bride Road and south of Bride Village. #### Department Policies The application site is within an area recognised as being an area of "White Land and Woodland" not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; but is within an area zoned as High Landscape or Coastal Value and Scenic Significance. --- - Isle of Man Development Plan Order 1982 15 April 2010 10/00323/A Page 1 of 5 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:- ## "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(1) 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 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." ### "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." ### Planning History The previous planning applications are considered relevant in the assessment and determination of this application:- Approval in principle to construct a private dwelling - 05/01532/A - APPROVED Approval in principle to construct private dwelling - 05/00786/A - REFUSED on the following grounds:- 1. "The application does not demonstrate that a satisfactory residential environment can be achieved and therefore it would be premature to consider this proposal. 2. The application does not demonstrate that a satisfactory means of access with the appropriate visibility splays can be provided and therefore it would be premature to consider this proposal in the interests of highway safety." Change of use from vehicle workshop to horticultural sales \& service centre, former petrol station/garage - 96/00399/C - APPROVED Provision of an advertising sign - 96/00397/D - APPROVED Alterations to convert storage building into workshop \& provision of signboard, former petrol station/garage - 91/00875/B - APPROVED PROPOSAL The application seeks approval for the approval in principle for the erection of a detached dwelling. ## Representations Highways Division:- "Do not oppose has no traffic management, parking or road safety implications." Drainage Division:- "Defer - have requested a percolation test to confirm drainage proposals i.e soakaway." The Manx Electricity Authority makes no comment on the merit of the proposed development but requests that an informative note be attached to any approval decision notice. The Authority has received no privately written representations objecting to the application. ### Assessment Fundamentally, in terms of planning policy there is a long established presumption against new residential development in the countryside. As identified earlier within the planning policy section of this report, this presumption against is set out in four different ways. Firstly, the application site is not zoned for residential development under the 1982 Development Plan Order. Secondly, General Policy 3 of the Isle of Man Strategic Plan, states that in such areas new dwellings will generally not be permitted. Thirdly, the site is within an area of High Landscape Value and Costal or Scenic Significance and therefore contrary to Environment Policy 2. Fourthly, the site is not identified in adopted Area Plans as being within a town, village, or within a sustainable urban extension and therefore contrary to the exceptions indicated in Housing Policy 4 and therefore a refusal can also be legitimately made on that basis as well. The proposed dwelling does not serve a viable agricultural holding nor replace an existing dwelling and therefore there are no special circumstances to warrant the setting aside of the presumption against. The development proposed by this planning application is therefore clearly contrary to the current policies of the Department. It should also be noted that the Isle of Man Strategic Plan makes no provision for infilling. Additionally the Isle of Man Strategic Plan section 8.8 deals with groups of houses in the countryside. Whilst adding further dwellings to these groups may not accord with strategic objectives, the Division has however identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for development potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition of this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important, however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation. The site has benefited from planning approval in principle for a dwelling on the site. However, this was prior to the Isle of Man Strategic Plan being adopted. Further to this, approval was given as the site had a detrimental impact upon the visual appearance of the area, as there was a workshop/garage. Consequently, this has been removed and the site cleared. If this building was still in place then potential the application could have been considered under General Policy 3 paragraph (c) which deals with development of previously developed land. However, given the land has been cleared and only a small part of hardstanding existing, it is not considered significant reason to outweigh the relevant polices within the Isle of Man Strategic Plan. **RECOMMENDATION** In conclusion, the application site is not zoned for development and the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan and The Isle of Man Development Plan that seek to restrict such development to appropriate towns and villages. Approval of the planning application would be unwarranted residential development in the countryside. Accordingly, it is recommended that the planning application be refused. ## **PARTY STATUS** It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:- - Bride Parish Commissioners - Drainage Division (Water and Sewerage Authority) It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:- - The Manx Electricity Authority The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. **Recommendation** **Recommended Decision:** Refused **Date of Recommendation:** 15.04.2010 **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. 15 April 2010 10/00323/A The application site is not zoned for development and is within an area of High Landscape Value or Coastal Value and Scenic Significance. Therefore the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan and The Isle of Man Development Plan, which seek to restrict such development in the countryside. Approval of the planning application would result in unwarranted residential development in the countryside. I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer. Decision Made : Permitted Date : 19 April 2010 Signed : __________________________ Senior Planning Officer important, however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation. The site has benefited from planning approval in principle for a dwelling on the site. However, this was prior to the Isle of Man Strategic Plan being adopted. Further to this, approval was given as the site had a detrimental impact upon the visual appearance of the area, as there was a workshop/garage. Consequently, this has been removed and the site cleared. If this building was still in place then potential the application could have been considered under General Policy 3 paragraph (c) which deals with development of previously developed land. However, given the land has been cleared and only a small part of hardstanding existing, it is not considered significant reason to outweigh the relevant polices within the Isle of Man Strategic Plan. ## Recommendation In conclusion, the application site is not zoned for development and the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan and The Isle of Man Development Plan that seek to restrict such development to appropriate towns and villages. Approval of the planning application would be unwarranted residential development in the countryside. Accordingly, it is recommended that the planning application be refused. ### Party Status It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:- Bride Parish Commissioners Drainage Division (Water and Sewerage Authority) It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:- The Manx Electricity Authority The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 15.04.2010 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals R 1. --- *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/36078-bride-ayre-mowers-dwelling-outline/documents/1350112*