**Document:** Officer Planning Report **Application:** 07/00358/A — Approval in principle for the erection of three dwellings **Decision:** Refused **Decision Date:** 2007-06-18 **Parish:** Jurby **Document Type:** report / officer_report **Source:** https://planningportal.im/a/82403-jurby-west-crossroads-dwelling-outline/documents/1490022 --- # Officer Planning Report ## Part 1 ## 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] ## Officer's Report ### Application Site The application site is the land adjacent to Jurby West Crossroads, Jurby West, located on a corner plot with the A10 road to the west and the B5 road to the east. ### Land Use Zoning / Policy 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; however the site is within an area zoned as High Landscape or Coastal Value and Scenic Significance. - Planning Circular 1/88 - The Isle of Man Draft Strategic Plan - Environment Policy 2 ### Planning History Approval in principle for the erection of three dwellings (02/01968/A) – DECLINED TO CONSIDER Approval in principle for the erection of dwelling (98/00302/A) - REFUSED Approval in principle for residential development (91/00241/A) - REFUSED Approval in principle for the erection of three dwellings (87/04122/A) – REFUSED ### Proposal The application proposes the approval in principle for the erection of three dwellings. ### Representations Lezayre Parish Commissioners:- No objections Highways Division do not oppose subject to the imposition of the following condition:- Access to the proposed plots on to the B5, Ballavarran Road shall provide a visibility splay of 2 metres by 36 metres. Access to the proposed plots on to the A10 Jurby Coast Road will require a visibility splay of 2 metres by 120 meters as this is classed as a Rural Local Road with speeds in excess of 40mph. Off-street parking shall be provided within the curtilage of each proposed dwelling in accordance with Manx Roads 1. An on site turning facility shall be provided for each dwelling. The Manx Electricity Authority initially objected to the application on the grounds that:- There is a 11kV cable running crossing the proposed site and under Health •& Safety Note HS(G)47 building over these cables is not permitted. The applicant is required to contact MEA Operations and Maintenance Department (tel.687624) to discuss working practices around cables which will be required to be diverted before work can be carried out on site. MEA will not accept liability for any costs incurred for the above. However the MEA withdrew its objection to the above planning application after an on site meeting, Monday 23rd April 07. The Disability Access Officer 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 object to the planning application, which can be summarised as, the fact that the site is not zoned and outside the Jurby Village Study boundary. The owners and/or occupants of Church View Cottages, Jurby West, object to the planning application, which can be summarised as: the land is zoned as residential and, out of character with the area and a previous application was refused due to the close proximity to the crossroads which is extremely busy since the building of the prison and due to a number of motor sports nearby. The owners and/or occupants of Cornerways, Jurby West Crossroads, object to the planning application, which can be summarised as: development would be a further intrusion to our privacy and outlook, impact upon wildlife, three large detached properties would be out of character with the existing traditional cottages, against Planning Circular 1/88, previous refusals on the site and new residential development exists with the redevelopment at Jurby Barracks. The owners of "Yn Chardee" (Nappin Cottage) have registered an interest in this application. Mr Jessopp of Port Soderick supports that application. ### Assessment As the application site is zoned as being within an of "white land" and land not zoned for development the following Planning Circular and policy needs consideration. 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 Draft Strategic Plan - Environment Policy 2 states:- The present system of landscape classification of Areas of High Landscape Value and Coastal or 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 superceded by a 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. The proposals are not for the creation of agricultural workers dwellings nor does the application seek to replace existing dwellings within the site, but to build three private dwellings on the site. The application site does not have any existing residential dwelling/s within the site. In terms of the principle of residential development of the application site, it is considered that the issue is relatively straightforward. As set out earlier within the above planning policy, and under the Isle of Man Development Plan the application site is not zoned for the proposed development and is actually located within a) a wider area of open space/agricultural land; and b) a wider area of High Landscape Value and Coastal or Scenic Significance. It therefore logically follows that the principle of residential development is contrary to the provisions of Planning Circular 1/88. Those policies exist to protect the countryside from unwarranted development and in this instance serve to protect this area of land from built development. There is no justification to set aside these policies and refusal of the planning application can be legitimately made on that basis. Additionally to this, the proposed development is also contrary to the provisions of Environmental Policy 2 and refusal can also be legitimately made on that basis. ### Recommendation The proposal is therefore contrary to Planning Circular 1/88 and Environmental Policy 2, for these reasons the proposals would be inappropriate in these locations 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 - The Manx Electricity Authority - Church View Cottages, Jurby West - Cornerways, Jurby West Crossroads - "Yn Chardee" (Nappin Cottage) 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: - The Disability Access Officer - S.P.M.C. & E - Mr Jessopp ### Suggested Conditions Whilst it is recommended that the planning application be refused, should planning approval subsequently be granted at appeal the following conditions are suggested: 1. This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application. 2. This approval relates to the submitted documents and drawings 576/01 and 576/02 all received on 23rd February 2007. 3. Any subsequent reserved matters planning application must include:- - (a) Access to the proposed plots on to the B5, Ballavarran Road shall provide a visibility spray of 2 metres by 36 metres. - (b) Access to the proposed plots on to the A10 Jurby Coast Road will require a y of 2 metres by 120 meters as this is classed as a Rural Local Road with speeds in excess of 40mph. - (c) Off-street parking shall be provided within the curtilage of each proposed dwelling in accordance with Manx Roads 1. - (d) An on site turning facility shall be provided for each dwelling. ### Recommendation Recommended Decision: Refused Date of Recommendation: 04.06.2007 ### 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 application site is not zoned in the 1982 Development Plan Order for residential development and falls within an area of countryside designated as having High Landscape Value and Costal or Scenic Significance. There are no exceptional circumstances to allow new dwellings on this site, which would be contrary to established planning policies in respect of development in the countryside Decision Made: Refused Committee Meeting Date: 15/06/07 --- *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/82403-jurby-west-crossroads-dwelling-outline/documents/1490022*