**Document:** Officer Planning Report
**Application:** 08/02181/B — Extension to domestic curtilage
**Decision:** Refused
**Decision Date:** 2009-02-02
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/86554-braddan-plot-5a-extension/documents/1534781

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# Officer Planning Report

## 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

Site

The application site represents the land adjacent to the residential curtilage of Plot 5A, Groudle Road, Onchan, which is a large detached property which is currently under construction. The property is located north of Groudle Road and south of Groudle Glen.

Land Use Zoning / Planning Policy

Plot 5A has been zoned under The Onchan Local Plan Order 2000 as being within an area of "Low Density Housing in Parkland"; the site is neither within a Conservation Area nor within an area of High Landscape Value or Coastal Value and Scenic Significance. The land adjacent to Plot 5A is zoned as an area of "private woodland or parkland". This site is also within an area of "ecological interest/semi natural vegetation".

- Onchan Local Plan Order 2000
- Isle of Man Strategic Plan 2007

### Planning History

The previous planning applications are considered relevant in the assessment and determination of this application:

Erection of six dwellings with access drives, landscaping and drainage works and creation of public footpaths - 06/00665/B - Land between Groudle View and the Old Toll House, and Directly north of Groudle Road – APPROVED

Erection of six dwellings in plots of at least one acre each, with access drives, landscaping and drainage works - 05/00737/B - Land between Groudle View and the Old Toll House, and Directly north of Groudle Road – REFUSED on the following grounds:

1. By reason of its encroachment into an area of open space, as defined by the Onchan Local Plan, the proposed development is deemed unacceptable. Specifically, the Planning Committee considers the extent and location of this area of open space is important to the protection of both the visual and the public amenity of Groudle Glen and its wider context in the surrounding area.
2. The proposed development is unacceptable by reason that approval of the planning application would result in the encroachment of residential development into land that is designated as public open space under the legal agreement enacted in association to a previous planning application that covers the application site. This legally binding designation is viewed as a material planning consideration and the Planning Committee neither considers it appropriate to permit such encroachment nor do they consider it to be appropriate to make a decision that is clearly contrary to such designation.

### Proposal

The application seeks approval for the extension to domestic curtilage. The proposal would extend the curtilage up to the line of the public sewer which is approximately 11 metres from the existing rear boundary of the site. The total width of extension to the domestic curtilage would be approximately 65 metres. No justification or explanation has been given within the submission.

### Representations

Onchan Commissioners have objected to the application on the following grounds:

"On the grounds that the land into which the plot extension is proposed is subject to an agreement under Section 18 of the Local Government (Miscellaneous Provisions) Act and would not be desirable as any diminution of public open space would be unwelcome."

Highway Division:

"Do not oppose."

The owners and/or occupants of 28 Groudle Road, Onchan, object to the planning application on grounds that can be summarised as: the development of this land retained the glen area for public

open space; the original public open space should stand; and would set a precedent for other dwellings extending into the public open space.

A resident of Seacliffe, Old Castletown Road, Braddan, has recommended the application be refused based on the encroachment into an area of open space.

The MHK for Onchan, has recommended the application be refused, based on the Section 18 agreement which was signed by the Department of Local Government and the Environment together with Heritage Homes and Onchan Commissioners; and the areas is designated for public use and as part of the green belt between the Groudle River and the developments.

The owners and/or occupants of 27 Windermere Drive, Onchan, object to the planning application on grounds that can be summarised as: the development of this land retained the glen area for public open space; a Section 18 agreement was signed to safeguard the public open space; would set a precedent for other dwellings extending into the public open space; previous applications have been refused on the grounds of expanding into the public open space; and the public open space is important to the protection of the visual and public amenity of Groudle Glen and it wider context in the surrounding area.

### Assessment

Due to the zoning of the site the following policies are relevant for consideration:-

### General

Policy 2: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

- (a) is in accordance with the design brief in the Area Plan where there is such a brief;
- (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
- (c) does not affect adversely the character of the surrounding landscape or townscape;
- (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
- (e) does not affect adversely public views of the sea;
- (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
- (g) does not affect adversely the amenity of local residents or the character of the locality;
- (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
- (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
- (j) can be provided with all necessary services;
- (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
- (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
- (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
- (n) is designed having due regard to best practice in reducing energy consumption."

### Recreation

Policy 2: Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances:

- (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and

- (b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area.

The encroachment raises two issues to consider. First, whether the loss of designated public open space is acceptable; secondly whether it is actually possible to grant approval in the knowledge that the proposal contravenes a previous legal agreement and would conflict with the decision taken in respect of the previous planning application which was refused due to the loss of open space and encroachment of residential development.

In the first respect, it is considered the amount of public open space that would be lost through the proposed development is too great and would be contrary to planning policy and the land use zoning of the Local Plan. Additionally, it is considered allowing such development would result in an unwanted precedent for future expansions into public open space in this area and to other areas around the Island. Consequently, it is considered the scheme from this aspect is unacceptable.

In the second respect, were members minded to permit the proposed development it would almost certainly be necessary to have to vary the previous legal agreement as the current proposal appears to be in clear conflict with its requirements. There are considered to be no grounds for such variation. The decision taken in respect of the previously refused planning application (05/00737/B) is not binding on the Planning Authority in respect of subsequent decisions taken in response to different applications; however there would need to good reason to depart from the stance taken previously and no such justification is apparent.

### Recommendation

Overall, it is considered the proposal would be inappropriate in this location. Consequently the application is recommended for refusal.

### Party Status

It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:

- Onchan Commissioners
- Highways Division

It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

- The owners and/or occupants of 28 Groudle Road, Onchan
- The resident of Seacliffe, Old Castletown Road, Braddan
- The MHK for Onchan
- The owners and/or occupants of 27 Windermere Drive, Onchan

### Recommendation

**Recommended Decision:** Refused

**Date of Recommendation:** 21.01.2009

C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
- : Notes attached to refusals

R 1. The development would involve encroachment into an area of open space, as defined by the Onchan Local Plan which would be unacceptable as the extent and location of this area of open space is important to the protection of both the visual and the public amenity of Groudle Glen and its wider context in the surrounding area.

R 2. Approval of the application to allow the encroachment of residential development into land that is designated as public open space would result in an unwanted precedent to this area and to other areas of public open space within the Island.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : P. Suse
Committee Meeting Date : 30/01/07
Signed :
Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate ☑/NO

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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/86554-braddan-plot-5a-extension/documents/1534781*