**Document:** Officer Planning Report **Application:** 07/01554/A — Approval in principle for the erection of five dwellings **Decision:** Refused **Decision Date:** 2007-11-21 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/83705-braddan-land-at-ballacregga-farm-vicarage-dwelling-outline/documents/1507837 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations ### Written Representations ### Consultations ### Officer's Report #### The Application Site And Planning Application The application site comprises of a parcel of land that is located to the north of Vicarage Road, close to the Farmhill/Vicarage Road roundabout, in Braddan. The planning application seeks approval for the erection of the five dwellings on the application site. The planning application submission comprises of location plan and site plan with an indicative layout. #### Planning History The application site has not been the subject of any previous planning application that is considered specifically material to the assessment of this current planning application. #### Representations Braddan Parish Commissioners object to the planning application. The grounds for their objection can be summarised as concern that the application site is not zoned for development and that the proposal represents an intrusion into the open countryside. The Department of Transport Highways Division do not oppose the planning application subject to the imposition of conditions. The Department of Transport Drainage Division deferred comment pending assessment of the capacity of the system to accommodate additional drainage from the proposed development. The Isle of Man Water Authority requests that an informative note be attached to any approval decision notice. The Manx Electricity Authority requests that an informative note be attached to any approval decision notice. The Society for the Preservation of the Manx Countryside and Environment object to the planning application. The grounds for their objection can be summarised as concern that the application site is not zoned for development. The owner and/or occupant of Seacliffe, which is located in Port Soderick, objects to the planning application. The grounds for their objection can be summarised as concern that the application site is not zoned for residential development meaning that the proposal is therefore contrary to planning policy and that drainage issues have not been adequately addressed. ### Planning Policy In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains a number of policies that are considered specifically material to the assessment of this current planning application: Strategic Policy 2, which relates to the environment, states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." Spatial Policy 5, which relates to the location of development, states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3." General Policy 3, which relates to development outside of areas zoned for development, 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, which relates to the protection of the countryside, 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." Environment Policy 3, which relates to the protection of woodland, states: "Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value." Housing Policy 4, which relates to the location of residential development, 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." In terms of local plan policy, the application is partly designated as open space (agriculture) and partly as wood under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 – Plan No. 2. Planning Circular 6/91, which constitutes the written statement to be read in conjunction with the plan, contains a number of policies that are considered to be specifically material to the assessment of this current planning application: Policy 5.4, which relates to designated residential development within the plan area, 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, which relates to new residential development in the countryside, 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 the Countryside 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, which relates to development in the countryside, states: "No further development in the countryside will be permitted with the exception of those referred to on 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." Policy 13.5, which relates to residential development in the countryside, states: "Attention should be paid to the circulars which comprise appendices 1, 2, 3 and 4 which lay down the guidelines for any future residential development in the countryside in areas other than those specifically allocated for residential development. Redundant buildings in the countryside should be identified and where these fall within the scope of Circular 3/89, than alternative and acceptable uses should be identified." ### Assessment The planning application seeks approval in principle for the erection of five dwellings on the application site. Assessment of the proposal is primarily governed by the land use designation of the application site and relative planning policy set out by Planning Circular 6/91 and the Isle of Man Strategic Plan 2007. In terms of this, as stated earlier in this report, the application site is designated partly as open space (agricultural) and partly wood under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 – Plan No. 2. The application site is not designated for any form of development. Despite the age of Planning Circular 6/91 the policies that it sets out in respect of the general presumption against development in the countryside remain valid and are essentially repeated by policies set out in the much more recent Isle of Man Strategic Plan 2007. Taking account of these policies and its land use designation it has to be concluded that the proposed residential development of the application site represents intrusive development within the countryside that is contrary to established planning policy. Given the overriding planning policy issues it is considered unnecessary to defer decision pending the receipt of representations from the Department of Transport's Highway Division and Drainage Division. It is recommended that the planning application be refused. ### 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 Isle of Man Water Authority; The Manx Electricity Authority; The Society for the Preservation of the Manx Countryside and Environment; and The owner and/or occupant of Seacliffe. ### Recommendation Recommended Decision: Refused Date of Recommendation: 12.10.2007 ### 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 proposal represents unwarranted development of land not designated for such purposes under the Isle of Man Planning Scheme (Braddan Parish District Local Plan) Order 1991 – Plan No. 2. As such the proposal is contrary to the application site's land use designation and policies 5.4, 5.8, 13.4 and 13.5 of Planning Circular 6/91 and Strategic Policy 2, Spatial Policy 5, General Policy 3, Environment Policy 1, Environment Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2007. Decision Made : REFUSED Committee Meeting Date : 15/11/07 --- *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/83705-braddan-land-at-ballacregga-farm-vicarage-dwelling-outline/documents/1507837*