**Document:** Officer Planning Report Recommendation
**Application:** 09/01535/A — Approval in principle for the erection of four dwellings including the formation of new entrance and associated drainage works
**Decision:** Refused
**Decision Date:** 2009-11-06
**Parish:** Douglas
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/63894-douglas-part-of-field-no-522699-dwelling-outline/documents/1387939

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# Officer Planning Report Recommendation

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

### Officer's Report

## THE APPLICATION SITE AND PLANNING APPLICATION

The application site comprises a parcel of land that is located on the northern side of the Old Castletown Road in the Quines Hill area of Braddan.

The planning application seeks approval in principle for the erection of four dwellings on the application site with associated new entrance and drainage works.

### Planning History

The application site has been the subject of one previous planning application that is considered specifically material to the assessment of the current planning application. Planning application 05/01890/A sought approval in principle for residential development on the same land that is subject of the current planning application. This previous planning application was refused on the 6th December 2005 for the two following reasons:

1. At present the land is not zoned for residential development and as such the proposed development is contrary to well established planning policy based on a presumption against new build residential development in the countryside. Whilst the Planning Committee recognises that the application site is zoned for residential development within the emerging revision of the area plan the fact remains that this plan has not been considered by Tynwald and as such an approval for development on the site has to be judged to be premature until the area plan process has been exhausted.
2. Notwithstanding the first reason for refusal the planning application does not provide sufficient information regarding the means of foul sewage disposal from the site, which is within an area that is not served by public mains sewerage.

It should be noted that Planning Committee agreed to consider the current planning application on the basis that the refusal of this previous planning application was not tested by appeal.

## Representations

Braddan Parish Commissioners object to the planning application on the grounds that the application site is not zoned for development.

The Department of Transport Highways Division do not oppose the planning application. The Department of Transport Drainage Division do not oppose the planning application. The Manx Electricity Authority expresses an interest in the planning application. The owner and/or occupant of 2 Cronk Rhenny Villa, which is located approximately 100 metres east of the application site, object to the planning application. The grounds for their objection can be summarised as concern that the land is not zoned for residential development, that approval could set a precedent for further development within the area, and that the form of proposed development is out of keeping with the character of the area.

The owners and/or occupants of Magher y Gheill, which is located approximately 50 metres north of the application site, object to the planning application. The grounds for their objection can be summarised as concern regarding the previously refused planning application and whether the current planning application addresses that refusal.

The owner and/or occupant of Hampton Manor, which is located approximately 275 metres west of the application site, object to the planning application. The grounds for their objection can be summarised as concern that approval could set a precedent for further development within the area, that a new access would be dangerous, and that continuous ribbon development is unacceptable.

The owner and/or occupant of Hampton Cottage, which is located approximately 750 metres west of the application site, object to the planning application. The grounds for their objection can be summarised as concern that approval could set a precedent for further development within the area, that a new access would be dangerous, and that continuous ribbon development is unacceptable.

### Planning Policy

In terms of local plan policy, the application site is located within a wider area of land that is designated as open space (agricultural) under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 3. Planning Circular 6/91, which constitutes the written statement that accompanies the local plan, contains three polices that are considered specifically material to the assessment of the planning application:

Policy 5.4 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 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 Parkland 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 states:
"No further development in the countryside will be permitted with the exception of those referred to in 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 three policies that are considered specifically material to the assessment of this current planning application:

General Policy 3 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 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."

Housing Policy 4 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 approval in principle for the erection of four dwellings on the application site with associated new entrance and drainage works. The application comprises a completed application form, supporting statement, location drawing, site drawings showing an illustrative layout for development, site survey drawing, and drainage drawings.

There are three primary issues to consider when assessing the planning application. These are whether the proposal accords with the land use designation and relevant planning policy, whether the site can be accessed in manner that is not contrary to the interests of highway safety, and whether the site can be drained in an acceptable manner.

In terms of land use designation and relevant planning policy it has already been identified that the application site is located within a wider area of land that is designated as open space (agricultural) under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 3. As such the application site is not designated for development and it can be seen that planning policy contained within Planning Circular 6/91 and the Isle of Man Strategic Plan 2007 sets out a presumption against the development of such land. The only exceptions to this presumption against development are set out within Policy 5.8 of Planning Circular 6/91 and General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2007. The planning application does not represent any of these stated exceptions and therefore represents unwarranted development in the countryside that should be refused on such basis.

The supporting statement submitted with the planning application puts forward a case that development of the application site is acceptable on the basis of a) the site being identified as proposed residential within the emerging revision of the Braddan Local Plan; and b) precedent within the surrounding area. In terms of a) in 2006 the Minister for Local Government and the Environment advised Tynwald that the Department would not be bringing forward for approval the Braddan Area Plan that had been in preparation. This represented the formal abandonment of what is often referred to as the emerging revision of the Braddan Area Plan. The weight given to an emerging plan document is always limited and in this instance the emerging revision of the Braddan Area Plan, which was formally abandoned, carries no weight. Since being abandoned this stance has been supported by appeal decisions elsewhere within Braddan, such as the appeals against the refusal of 07/00486/A (paragraph 15) and 08/02040/A (paragraph 33). Copies of these appeal decision have been placed on the file for the current planning application. As such, the relevant plan documents are the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 3. and Planning Circular 6/91. As regards b) it is considered that precedent rarely exist in planning in the manner people often suggest, as each site should be assessed on its own merits and take the most up to date planning policy into account. The supporting statement submitted with the planning application highlights two previous planning applications (05/00244/A \& PA 07/00756/B, both of which relate to the same site) that are considered to set a precedent for approval of residential development within the area. Since the assessment of those two previous planning applications the Isle of Man Strategic Plan 2007 has been approved by Tynwald and the Department has abandoned work on the then emerging revision of the Braddan Local Plan, which clearly represents significant changes in material planning considerations. If a line of precedence is following it could be countered that more recent planning applications (such as 09/00698/A) seeking residential development within the area have been assessed based on the most up to date documents and refused as being contrary to land use designation and planning policy.

As regards the issue of highway safety the current planning application contains significantly more information than previously refused planning application 05/01890/A. This additional information allows a better assessment of the impact of the development of the application site on highway safety to be made. The planning application suitably demonstrates that appropriate visibility for safe means of vehicular access can be achieved, and it should be noted that the Department of Transport Highways Division does not oppose the proposal. As such, it is concluded that the proposal is acceptable in highway safety terms.

Turning to the issue of site drainage the current planning application also contains significantly more information than previously refused planning application 05/01890/A. As with the issue of highway safety this additional information allows a better assessment of the ability to provide suitable drainage for the application site and proposed development. Taking account of this information and that fact that the Department of Transport Drainage Division do not oppose the planning application it is concluded that the proposal is acceptable in terms of drainage.

Taking the above into account it is recommended that the planning application be refused on the grounds that the proposed development represents unwarranted development that is contrary to the land use designation of the application site as open space (agricultural) under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 3 and the presumption against the development of such areas set out within Planning Circular 6/91 and the Isle of Man Strategic Plan 2007.

## Party Status

It is considered 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:

Braddan Parish Commissioners; The Department of Transport Highways Division; and The Department of Transport Drainage Division.

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:

The Manx Electricity Authority; The owner and/or occupant of 2 Cronk Rhenny Villa; The owners and/or occupants of Magher y Ghell; The owner and/or occupant of Hampton Manor; and The owner and/or occupant of Hampton Cottage.

**Recommendation** **Recommended Decision:** Refused **Date of Recommendation:** 02.11.2009 **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. The proposed development represents unwarranted development that is contrary to the land use designation of the application site as open space (agricultural) under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 - Plan No. 3 and the presumption against the development of such areas set out within Planning Circular 6/91 and the Isle of Man Strategic Plan 2007. Specifically, the proposal is contrary to policies 5.4, 5.8 and 13.4 of Planning Circular 6/91 and 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 **Date:** 5/11/09 **Signed:** __________________________ 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/63894-douglas-part-of-field-no-522699-dwelling-outline/documents/1387939*