**Document:** Planning Report and Recommendation
**Application:** 09/01649/A — Approval in principle for the erection of a detached dwelling
**Decision:** Refused
**Decision Date:** 2010-02-08
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/64108-german-staarvey-road-dwelling-outline/documents/1391240

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# Planning Report and Recommendation

## 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] [Table omitted in markdown export]

## Officer's Report

### The Site

The application site relates to part of Field 314293, Staarvey Road, German which is situated on the north western side of the road. The applications identifies that the surrounding fields and the property Upper Lhergydhoo are in the ownership or control of the applicant. An existing gate provides access for agricultural vehicles into the field.

### Planning Status

The application site is located within an area identified as being of High Landscape or Coastal Value and Scenic Significance by the 1982 Development Order. Within the Isle of Man Isle of Man Strategic Plan 2007, the following policies are considered relevant in the assessment and determination of this application:

General Policy 3, which 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(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."

Environmental Policy 1, which 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."

Environmental Policy 2, which 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."

Housing Policy 4, which states:
"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 following previous planning applications are considered relevant in the assessment and determination of this application:

### Representations

The Department of Transport Highways Division objects to this application on the ground that insufficient information has been provided to assess the application. The applicant's agent has been informed of this objection by letter dated 7th December however no additional information or amended plans have been received in relation to this issue.

German Parish Commissioners object to this application stating that the land is not zoned for development.

The owner/occupier of 33 Ballaquark, Douglas has expressed an interest in the outcome of this application.

## The Proposal

This application seeks approval in principle for the erection of a dwelling on the site which has an area of 1.5 hectares ( 3.7 acres). The submitted plans show a rectangle labelled"Proposed location of single family dwelling." The existing gated access is also labelled and the application forms sets out at section 16 that "Access to the field is currently via an agricultural gate. This would become the access to the site". The proposed dwelling is set approximately 60 metres from the access point.

### Assessment

The application must be assessed in light of the land designation and relevant planning policies. The main issue in assessing this application is whether the principle of residential development is acceptable.

It is a basic principle of the planning system and indeed a requirement of the Town and Country Planning Act 1999 that each application is assessed on its merits, having regard to a range of material considerations including relevant provisions of the development plan. The concept of binding precedent in the strict legal sense does not apply to the consideration of planning applications. However it is important that decisions are taken on a consistent basis so as to ensure fairness and transparency in the planning system. It is for this reason that the development plan is so important. It is a document that sets out a consistent decision making framework against which to assess all proposals. That framework has been formally adopted following an extensive public consultation process which adds considerable weight to the policies set out therein.

There is a very strong presumption against the proposed development in the development plan. The site is not zoned for development and is within an area recognised as being of High Landscape or Coastal Value and Scenic Significance by the 1982 Development Order. As such there is no policy support for the proposed development as it would be contrary to established planning policies aimed at protecting the Manx countryside from inappropriate development.

The applicant's agent has been informed of these concerns by letter dated 7th December 2009 and provided a response by email sent 19th January 2010 which stated that "There has been development in the area within the last 5 years", however when asked for details of any such development, the examples quoted were for development which is in accordance with policy (see email from agent dated 2nd February 2010). A search of the planning history for the area finds no comparable applications which have received planning permission since the inauguration of the Strategic Plan in mid 2007.

### Conclusion

The purpose of the planning system is to control the use and development of land in the public interest. That requires a consideration of what is most appropriate for the population of the island as a whole. The protection of the Manx countryside from development and the presumption that new housing should be directed to locations consistent with the principles of sustainable development are two of the most important themes running through the Strategic Plan, the purpose of which is to establish a consistent framework within which the public interest can be served by the planning system. When making a planning decision that has permanent consequences (such as the erection of a dwelling as is proposed here) it is also essential to bear in mind that the development sought will endure long after the circumstances of the current applicant have ceased to exist.

RECOMMENDATION Refuse.

PARTY STATUS
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
The Department of Transport Highways Division
German Parish Commissioners
Accordingly the following parties are not granted Interested Party Status:
The owner/occupier of 33 Ballaquark, Douglas

## Recommendation

Recommended Decision: Refused

Date of Recommendation: 02.02.2010

### Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> O : Notes attached to refusals

### R 1.

The erection of a detached dwelling on the proposed site which is located within an area of High Landscape or Coastal Value and Scenic Significance not designated for development would be contrary to established planning policies aimed at protecting the Manx countryside and directing new residential development to locations that accord with sustainable development principles, in particular General Policy 3 and Environmental Policies 1, 2 and Housing Policy 4 of the Isle of Man Strategic Plan.

### R 2.

Insufficient information has been submitted to demonstrate that safe vehicular access can be provided to the proposed dwelling and that any engineering works associated with the required visibility splays would not have an unacceptable impact upon the surrounding area which is recognised as being of High Landscape or Coastal Value and Scenic Significance.

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 : 4/21/10

Signed :
2 February 2010
09/01649/A

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/64108-german-staarvey-road-dwelling-outline/documents/1391240*