**Document:** Planning Report and Recommendations **Application:** 08/01130/A — Approval in principle for the erection of a dwelling **Decision:** Refused **Decision Date:** 2008-08-22 **Parish:** Jurby **Document Type:** report / officer_report **Source:** https://planningportal.im/a/85763-jurby-land-adjoining-arundale-new-build-dwelling/documents/1551485 --- # Planning Report and Recommendations **Application No.:** ** 08/01130/A ** **Applicant:** ** Jensen Ltd ** **Proposal:** ** Approval in principle for the erection of a dwelling ** **Site Address:** ** - Land Adjoining Arundale - Jurby West - Isle Of Man - IM7 3AY ### Considerations **Case Officer:** Mr. Chris Balmer ** **Photo Taken:** ** - ** **Site Visit:** ** - ** **Expected Decision Level:** ** - Delegation ### Written Representations - **Seacliffe Old Castletown Road Port Soderick Isle Of Man** | Interest expressed - **West Nappin Smithy Jurby Isle Of Man IM7 3AT** | Objects to the proposal ### Consultations **Consultee:** Highways Division **Notes:** Do not oppose **Consultee:** Jurby Parish Commissioners **Notes:** No objection ### Officer's Report #### Site The application site forms the curtilage of a parcel of undeveloped land, adjoining Arundale, Jurby West, which is a single storey detached bungalow, which is also within the ownership of the applicant. The site is north of the Jurby West Crossroads. #### Department Policies 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. - Isle of Man Planning Scheme (Ramsey Local Plan) Order 1998 - Isle of Man Strategic Plan 20th June 2007 ## Planning History The following planning application is considered relevant in the assessment and determination of this application: Reserved matters application for the erection of a detached agricultural workers dwelling - Field 210313 Adjacent To Cornerways, Jurby West (07/02333/REM) - APPROVED Approval in principle for the erection of three dwellings - Land Adjacent To Jurby West Crossroads, Jurby West (07/00358/A) - REFUSED at Appeal Approval in principle for the erection of an agricultural workers dwelling - Field 210313 Adjacent To Cornerways, Jurby West (06/01565/A) APPROVED at Appeal Approval in principle for the erection of three dwellings - Land To The Side And Rear Of Church View Cottage, Jurby West (02/01968/A) - DECLINED TO CONSIDER Approval in principle for the erection of dwelling - site adjacent to Jurby West Crossroads (98/00302/A) - REFUSED Approval in principle for residential development - Jurby West Crossroads, Jurby (91/00241/A) REFUSED Approval in principle for the erection of three dwellings - Land adjoining Arundale, Jurby Road, Jurby (87/04122/A) - REFUSED ### Proposal The application seeks approval for the approval in principle for the erection of a dwelling. ### Reprsentations Jurby Parish Commissioners:- "No objection" Highways Division have no objection to the application subject to the following condition:- "Off street parking provision must be in accordance with the Isle of Man strategic plan. Visibility splays of 2.4 metres metres" The owner/occupier of West Nappin Smithy, Jurby, has objected to the planning application, which can be summarised as; this application I believe is not in accordance with planning policy. A resident of Seacliffe, Old Castletown Road, Braddan, has objected to the application, on the grounds that there is no justification to override planning policy (GP3). ### Assessment / Recommendation Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:- ### Strategic Policy 1: Development should make the best use of resources by: - (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; - (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and - (c) being located so as to utilise existing and planned infrastructure, facilities and services. Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3. ### General Policy 3: 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. ### Environment Policy 2: 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: 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. Material Planning matter which need to be considered regarding this application include:- 1. Principle of Development; ## Principle of Development The principle of development is the same as application 07/00358/A which proposes an approval in principle for the erection of three dwellings, at the land adjacent to Jurby West Crossroads (south of the application site). This application was refused at Appeal after the Appeal Inspector concluded; "There is no good reason to make an exception to the polices which indicate that permission should be refused, and I shall recommend dismissal of the appeal." Fundamentally, in terms of planning policy there is a long established presumption against new build residential development in the countryside. As identified earlier within the planning policy section of this report, this presumption against is set out in four different ways. Firstly, the application site is not zoned for residential development under the 1982 Development Plan Order. Secondly, General Policy 3 of the Isle of Man Strategic Plan, states that in such areas new dwellings will generally not be permitted. Thirdly, the site is within an area of High Landscape Value and Costal or Scenic Significance and therefore contrary to Environment Policy 2. Fourthly, the site is not identified in adopted Area Plans as being within a town, village, or within a sustainable urban extension and therefore contrary to the exceptions indicated in Housing Policy 4 and therefore a refusal can also be legitimately made on that basis as well. There has been a agricultural workers dwelling recently approved at appeal and a subsequently reserved matters application been approved, nearby to the site, however, this application proposed and justified a agricultural workers dwelling, which complied with the relevant policies The proposed dwelling does not serve a viable agricultural holding nor replace an existing dwelling and therefore there are no special circumstances to warrant the setting aside of the presumption against. The development proposed by this planning application is therefore clearly contrary to the current policies of the Department. It should also be noted that the Isle of Man Strategic Plan makes no provision for infilling. Additionally the Isle of Man Strategic Plan section 8.8 deals with groups of houses in the countryside. Whilst adding further dwellings to these groups may not accord with strategic objectives, the Department has however identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for development potential by identifying the village envelope or curtilage and providing the opportunity for appropriate development within this area. There may be some settlements where no additional dwellings will be permitted. In considering the definition of this curtilage or envelope, particular regard will be had to the value of existing spaces in terms of their contribution to the general character of the settlement or to public amenity more generally. It is important, however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation. ### Recommendation In conclusion, the application site is not zoned for development and the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan and The Isle of Man Development Plan that seek to restrict such development to appropriate towns and villages. Approval of the planning application would be unwarranted residential development in the countryside. Accordingly, it is recommended that the planning application be refused. ### Party Status It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:- Department of Transport Highways Division Jurby Parish Commissioners 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:- Seacliffe, Old Castletown Road, Braddan West Nappin Smithy, Jurby ## Recommendation Recommended Decision: Refused Date of Recommendation: 13.08.2008 ### 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 site is not zoned for development and is within an area of High Landscape Value or Costal Value and Scenic Significance. Therefore the proposal is contrary to both adopted general planning policy within the Isle of Man Strategic Plan and The Isle of Man Development Plan, which seek to restrict such development to appropriate towns and villages. Approval of the planning application would result in unwarranted residential development in the countryside. I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control) Decision Made : Refused Date : 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/85763-jurby-land-adjoining-arundale-new-build-dwelling/documents/1551485*