**Document:** Planning Officer Report 06/01827/A **Application:** 06/01827/A — Approval in principle for the erection of three dwellings **Decision:** Refused **Decision Date:** 2007-02-16 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/81719-lezayre-clanagh-road-dwelling-outline/documents/1481291 --- # Planning Officer Report 06/01827/A **Application No.:** 06/01827/A **Applicant:** Ballamanaugh Properties Ltd **Proposal:** Approval in principle for the erection of three dwellings **Site Address:** Field 134341 Clanagh Road Sulby Isle Of Man ### Considerations Case Officer: Mr Chris Balmer **Expected Decision Level:** Delegation ### Written Representations [Table omitted in markdown export] ### Consultations **Consulttee:** IOM Water Authority **Notes:** For connections that comprise more than a single connection to a water main or service, or where new water mains and hydrants will be required, the applicant should contact the IoMWA Planning and Projects Section, tel. 69 59 58. **Consulttee:** Manx Electricity Authority **Notes:** **Consulttee:** Highways Division **Notes:** Do not oppose **Consulttee:** Lezayre Parish Commissioners **Notes:** Refuse **Consulttee:** **Notes:** **Consulttee:** S.P.M.C. & E. **Notes:** On the Sulby Village Local Plan the extent of the village ends at the old railway line and this site is therefore well outside any 'Residential' zonings. Furthermore, because of its very limited plot depth, it would represent an extremely bad case of 'ribbon development.' The Society Strongly Objects to new housing development in the countryside. --- ### Officer’s Report #### The Application Site The application sites are located within Field 134341, Clannagh Road, Sulby, which runs between the residential dwellings of Hendre (north of the site) and Hill View (south of the sites). The sited are located on the eastern side of the Clanagh Road (A14), and northwest of the Sulby Village. Along the western boundary of the site, which runs adjacent to the Clannagh Road, comprise a total of 11 mature trees and a 1.8 metre high grass bank/Manx wall. #### Planning Policy The application site is within an area recognised as being an area of 'white land' not zoned for development, under the Isle of Man Development Plan Order 1982. The site is not within a Conservation Area, or within an area zoned as high landscape value. - Isle of Man Planning Scheme (Development Plan) Order 1982 - The Isle of Man Strategic Plan - Planning Circular 1/88 – Residential Development – Houses in the Countryside #### Planning History Approval in principle for the erection of a dwelling (06/01825/A) - Field 134209 Clannagh Road, Sulby – under consideration. Approval in principle for the erection of a dwelling on Field 130441, (County Series 441), Adjacent To Scacafell, Clennagh Road, Sulby (04/00067/A) – refused on the following grounds:- *The application site is not zoned for residential development and is therefore contrary to the Isle of Man Planning Scheme (Development Plan) Order 1982 and the well established policies of the Department.* Approval in principle for erection of dwelling (96/00803/A) - land adjacent to Hill View, Clennagh Road, Sulby, Lezayre – refused at appeal. #### Proposal The application proposes the Approval in Principle for the erection of three dwellings. #### Representations Lezayre Parish Commissioners have refused the application on the following grounds:- *The area is not zoned for development* Highways Division do not opposed the application, subject to the following conditions:- - (a) Sight lines of 2 metres by 36 metres shall be provided; - (b) Parking shall be provided in accordance with Manx Roads 1; - (c) On site turning facilities shall be provided to enable vehicles to egress the site in forward gear; and - (d) A reserved matters application shall be submitted to address matters of access, parking and turning requirements. The Manx Electricity Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice. The Isle of Man Water Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice. The S.P.M.C. & E, have objected to the planning application which can be summarised as concerns to housing development within the countryside. Mr Jessopp has commented which can be summarised as the sites fall within a area zoned residential, however there are no supporting statements to give sufficient information to what is proposed, applications should be deferred. The owners and/or occupants of the Mill House, Sulby Glen, who own the adjoining field number 134209, object to the planning application, which can be summarised as the areas are not vacant plots but part of a working farm, the fields are not part of any Local Area Plan. The owners and/or occupants of Cool Aalin, Clannagh Road object to the planning application, which can be summarised as the site is not a vacant plot but used for agricultural and object to the use of farmland for housing development. The owners and/or occupants of Scacafell, Clenagh Road object to the planning application, which can be summarised as the site is not zoned for residential development, the site is used for agricultural, no indications there is any agricultural need, the proposal would be a unnecessary intrusions into the countryside, the area is a short distance away from the Curraghs a protected area for wildlife, road safety issues and previous refusal for similar proposals adjacent to the site. The owners and/or occupants of the Meadow View, Clanagh Road object to the planning application, which can be summarised as the land is not zoned as residential development, the site is used for agriculture, road safety issues and the fields are near to wetlands which need to be safeguarded from significant disturbance. The owners and/or occupants of the Thie Soolynagh, Clenagh Road, object to the planning application, which can be summarised as the land is zoned as agricultural land not for development, if approved could leads to more intensive development in the area and the existing infrastructures are insufficient to support additional properties. The owners and/or occupants of the Ivy Dene, Clenagh Road, object to the planning application, which can be summarised as the land is not zoned for development, the application constitutes a ribbon development, the application involves building on open farm land away from the centre of the village, the development would damage the open aspect of the area contrary to the Departments policies, creation of at least two access would damage the landscape features along Clenagh Road and no mains sewerage on this section of the Clenagh Road, which would be contrary to the Departments policies (Circular 1/88 paragraph 3). The owners and/or occupants of the Hillview, Clanagh Road object to the planning application, which can be summarised, as the land is not zoned for development and road safety issues. The owners and/or occupants of the Bareme Ville, Clenagh Road, object to the planning application, which can be summarised as the land is zoned as agricultural land not for development, no indication that the application is on the basis of agricultural need, would represent a ribbon development, a unnecessary intrusion into the countryside and road safety issues. The owners and/or occupants of the Lheannee Beg, Clenagh Road, object to the planning application, however no reasons are given. The owners and/or occupants of the Hendre, Clenagh Road object to the planning application, which can be summarised as road safety issues, impact upon the appearance of the area to create new access, and if approved a precedent would be set for future development in the area. The owners and/or occupants of the Clenagh Cot, Clanagh Road object to the planning application, which can be summarised as the land is zoned for agricultural purposes, causing a ribbon development and road safety issues. ## Assessment / Recommendation Planning Circular 1/88 – Residential Development – Houses in the Countryside, the purpose of the Circular is to give general guidance as to the Department's policy with regard to residential development with particular emphasis on development in the countryside. Paragraph 3 of this Circular states:- Land has been allocated for residential development as extensions of existing towns and villages to take advantage of existing infrastructure and services. The remaining areas of the Island are intended to remain substantially free from development. Paragraph 5 of this Circular states:- It is recognised that the Manx countryside is extremely fragile and even a limited development can have an impact out of all proportion to its size. Account has been taken of public concern about encroachment of development into the countryside, along the coast and headlands and into the areas of scenic ecological importance, and appropriate safeguards are incorporated in the Development Plan. Paragraph 6 of this Circular states:- There is always a demand for houses in the countryside. Improved economic circumstances are likely to intensify this demand, but with the exception of housing to serve the needs of a viable agricultural holding it is the Department's policy to discourage residential development in the countryside. The Isle of Man Strategic Plan, General Policy 3 states:- Development will not be permitted outside of those area which are zoned for development on the appropriate Area Local Plan with the exception of:- - (a) infill development within a clearly identifiable group of dwellings in the countryside (except in those parts of the island covered by the Local Plans for Arbory and East Rushen, Foxdale, St John's, Sulby or Onchan or by Area Plans made under the 1999 Act); - (b) essential housing for agricultural workers who have to live close to their place of work; - (c) conversion of redundant rural buildings which are of architectural, historic or social value and interest; - (d) the replacement of existing rural dwellings; - (e) location-dependent development in connection with the working of minerals of the provision of necessary services; - (f) building and engineering operations which are essential for the conduct of agricultural or forestry; - (g) development recognised by Government to be of national strategic need; and - (h) buildings or works required fro interpretation of the countryside, its wildlife or heritage. The submission is does no proposal agricultural dwellings but three private dwellings on a site, which is zoned as 'white land' not zoned for development. Therefore the above policies and guidelines are relevant when considering the application. Taking Circular 1/88 into consideration the proposal would be contrary to the Circular as the site is within an area not zoned for development, and as the proposal is not for any agricultural use. Again the proposal would be contrary to The Isle of Man Strategic Plan, more specifically General Policy 3, as the proposal would not comply with any of the exceptions points indicated in this policy. For these reasons the proposal would be inappropriate in this location and therefore my recommendation is for a refusal. ### Party Status I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: - Lezayre Parish Commissioners - Highways Division - Mill House, Sulby Glen - Cool Aalin, Clannagh Road - Scacafell, Clenagh Road - Meadow View, Clanagh Road - Thie Soolynagh, Clenagh Road - Ivy Dene, Clenagh Road - Hillview, Clanagh Road - Bareme Ville, Clenagh Road - Hendre, Clenagh Road - Clenagh Cot, Clanagh Road I consider 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: - Isle of Man Water Authority - Manx Electricity Authority - S.P.M.C. & E - Mr Jessopp - Lheannee Beg, Clenagh Road ### Recommendation Recommended Decision: Permitted Date of Recommendation: 08.02.2007 ## 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. The application sites are neither zoned for residential development nor is there appropriate agricultural need for the proposed dwelling. Accordingly, the residential development proposed by this planning application is contrary to the Isle of Man Planning Scheme (Development Plan) Order 1982 and, in particular, the provisions of Planning Circular 1/88 and The Isle of Man Strategic Plan, General Policy 3. I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer) Decision Made : Permitted Date : 14/2/07 Signed : M. I. McCauley Director of Planning and Building Control --- *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/81719-lezayre-clanagh-road-dwelling-outline/documents/1481291*