**Document:** Planning Officer Report **Application:** 09/00849/A — Approval in principle for the erection of a private dwelling **Decision:** Refused **Decision Date:** 2009-07-29 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/63253-lezayre-nassau-road-regaby-dwelling-outline/documents/1378988 --- # Planning Officer Report **Application No.:** ** 09/00849/A ** **Applicant:** ** Mr John Wright ** **Proposal:** ** Approval in principle for the erection of a private dwelling ** **Site Address:** ** - Field: 114003 - Nassau Road - Regaby - Ramsey - Isle Of Man --- ### Considerations **Case Officer:** Mr Chris Balmer ** **Photo Taken:** ** 29/06/09 ** **Site Visit:** ** 29/06/09 ** **Expected Decision Level:** ** Senior Planning Officer --- ### Written Representations - **Seacliffe Old Castletown Road** Ballaveare Braddan - **Interest expressed** --- ### Consultations **Consultee:** Highways Division **Notes:** Defer - 15.06.09 Objection --- **Consultee:** Clerk To Bride Parish Commissioners **Notes:** No objections. --- ### Officer's Report #### Site The application site forms the curtilage of field 114003, Nassau Road, Regaby. Ramsey is located on the southern side of the Nassau Road and east of the Regaby Crossroads. #### Department Policies The application site is within an area recognised as being an area of "open space/agricultural land" not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; nor within an area zoned as High Landscape or Coastal Value and Scenic Significance. - Isle of Man Development Plan Order 1982 - Isle of Man Strategic Plan 20th June 2007 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration: ## 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. Environmental 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. 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. 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 There are no previous planning applications on this site which are considered relevant in the assessment and determination of this application: PROPOSAL The application seeks approval for the approval in principle for the erection of a private dwelling. ## Representations ### Bride Parish Commissioners:- "No objection" Highways Division have objection to the application for the following reasons:- "Drawing supplied does not provide sufficient information on: off street parking arrangements in accordance with the IOM Strategic Plan. Access drive arrangements illustrating a turning facility to permit a motor car to turn around within the site so that a vehicle can emerge from the site in a forward gear not shown. Visibility splays are not shown at the point of access. De-restricted road visibility splays of metres are required. Splays shall be kept clear of any object, vegetation, or other obstructions of a height exceeding 1.05 m above the land adjacent carriageway." A resident of Seacliffe, Old Castletown Road, Ballaveare, Braddan, has objected to the application which can be summarised as; Proposal contrary to general Policy 3. ### Assessment / Recommendation Material Planning matter which need to be considered regarding this application include:- 1. Principle of Development; The applicant has indicated within their submission that they require a single storey dwelling as they have a disabled relative. No details have been given regarding the disability. There has been an application 04/02515/A, which was approved at review by the Planning Committee on 17th October 2005 for a dwelling between 'Boundary Cottage' and 'Billrymillish'. This was prior to the Isle of Man Strategic Plan which was adopted by Tynwald on the 20th June 2007 and is now the relevant planning document for consideration. The plan clearly identifies the relevant policies as stated previously within this report. The plan also makes no provision for infilling between existing properties, although in this case given the distance 'Ballavarteen Cottage' would be from the proposed site, it is not considered this development would be regarded as infilling. 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 three 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 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 Department 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. Regarding the Highway Divisions concerns, the application is only an Approval in Principle and therefore such information could be provided at a Reserved Matters Application should this application be approved, especially as it is considered such concerns could be adequately provided within the application site. **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:- - **Department of Transport Highways Division** - **Bride Parish Commissioners** It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:- - **A resident of Seacliffe, Old Castletown Road, Ballaveare, Braddan** **Recommendation** **Recommended Decision:** Refused **Date of Recommendation:** 10.07.2009 **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.** By reason that the application site is not designated for development the proposed development represents unwarranted development that is contrary to land use designation, local planning policy and strategic planning policy. Specifically, the proposed development is contrary to Strategic Policy 2, General Policy 3, Environment Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2007. I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer Decision Made: Refused Signed: _______________________________ Senior Planning Officer Date: _______________________________ 28 July 2009 --- *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/63253-lezayre-nassau-road-regaby-dwelling-outline/documents/1378988*