**Document:** APL Planning Statement
**Application:** 21/01290/B — Erection of proposed detached dwelling and integral garages
**Decision:** Permitted
**Decision Date:** 2022-02-23
**Parish:** Jurby
**Document Type:** report / planning_statement
**Source:** https://planningportal.im/a/8232-jurby-water-gardens-dwelling/documents/942303

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# APL Planning Statement

### 1. Area

![An aerial site location map highlighting a coastal plot of land circled in red, with nearby landmarks like a prison and airfield labeled.](https://images.planningportal.im/2021/11/6792840.png)

The proposal is located on the site of ‘Jurby Water Gardens’, a now closed Garden Centre to the south of Jurby in the north west of the Island.

The site is situated alongside the A10 Jurby ‘Coast Road’, to the west (seaward) side of the road. The topography of the area is a relatively flat, rolling green landscape, bordered by the sandy cliffs dropping into the sea to the west and far in the distance to the east, the rising central hills.

The area is well known for its strong winds and barren landscape. Coastal erosion is a factor to be considered in the area, with some dwellings being defended with concrete or rock armour. The site is however, well away from the coastline. Jurby Church & the old Air craft control tower are visible landmarks in the area.

Land usage in the vicinicty of the site is generally agricultural, alongside the Jurby air field, industrial estate and prison to the north.

The architecture of the area is generally ‘Manx Vernacular’ farmsteads and agricultural buildings such as traditional stone barns or more modern portal frame timber or metal clad units.

The landscape is also dotted with utilitarian structures of concrete & brick, built during World War II, such as pill boxes, lookout towers and many other structures in and around the air field. Many are Registered.

### 2. Site

![Aerial site location map showing the proposed development area outlined in red near the A10 Coast Road.](https://images.planningportal.im/2021/11/6792841.png)

Site Areas Total site area 3060 sq m Total area covered by structures 800 sq m Main greenhouse area 720 sq m Area covered by hardstanding/gravel 912 sq m

The site was a Garden Centre prior to its closing. The owners attempted to sell the business but after two years on the market, with no interest, have removed it from the market.

Many of the old garden centre structures are now falling into disrepair. These include large greenhouses, polytunnels and smaller sheds. Wind break fencing to the north of the site is also broken and unsightly.

A large area of the site is covered by hardstanding and gravel to allow machinery and vehicles to manoeuvre around the site. There is also a large area to the north in which scrap and old machinery is stored.

The site is surrounded by agricultural fields, with Ballasalla Farm & Old Jurby Stud the closest dwellings, these are both developments with numerous structures of varying sizes and styles. The site has Planning approval in principle for the erection of a detached dwelling (PA 18/01283/A)

## 4. Previous Planning Approval

![A technical planning drawing displaying a block plan and site section for a proposed detached dwelling and garages, indicating existing greenhouses to be demolished.](https://images.planningportal.im/2021/11/113183.jpg)

The site has Planning approval in principle for the erection of a detached dwelling, addressing means of access. (PA 18/01283/A)

PROPOSED DWELL NG: The proposed dwell ng des gn and sit ng s nd cat ve on y and s o demonstra e that a su tab y des gned dwel ing could be accommodated on the s te. The ﬁnal design and layout would be subject to a "Reserved Matters" app ication shou d the "app oval in princip e" applicat on prove successful. For a sense of scale the indicative footprint has been based upon the neighbour ng proper y known as "Bal asalla Farm" located to the south-west.

c p r ght proper y of P nketh M l r L d ma n t b uc d n a y w y i ho t th m s i ket L I m p o es l a u ts ake pre erenc a a t m . All dim ns o v l

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Condition 4 of the approval is; The new dwelling must be single storey. To ensure the visual impact of the development has a reduced impact to the landscape and the wider environment.

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Indicative proposed s ngle storey dwe ling, shown hatched.

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The approval in principle application established that a large single storey dwelling can be situated on the site and cause less of a visual impact than the existing greenhouses and parafinalia associated with the Water Gardens.

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EXISTING GREENHOUSES: The ex st ng arge greenhouse bui dings to be demol shed. shown dotted. The ﬂoor area equates to approximately 720 square me res.

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The application showed the possibility of an L shaped dwelling with low ridge level and shallow roof pitch.

Nurseries Jurby Coast Road

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|BLOCK PLAN|
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Overall site is approximately 3185 square metres (0 78 Acres)

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The planning committee were noted as saying that single storey would very much be a requirement in an reserved matters application.

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EXISTING GREENHOUSES: The existing large greenhouse buildings to be demolished. shown dotted. The ﬂoor area equates to approximate y 720 square metres.

Indicative proposed single storey ﬂat roofed dwell ng, shown hatched.

|SITE SECTION A-A|
|---|

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EX STING GREENHOUSES: The existing large greenhouse buildings to be demolished. shown dotted. The ﬂoor area equa es to approximate y 720 square metres.

Indicative p oposed single s orey pitched roofed dwe ling, shown hatched.

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|SITE SECTION A-A|
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## 5. Site Block Plan

![A site plan showing a property boundary outlined in red, containing a large building, gravel areas, and surrounding fields with a legend.](https://images.planningportal.im/2021/11/6792842.png)

### 6. Context

![A photograph showing a white detached house with a grey roof situated in a rural landscape with yellow gorse bushes in the foreground.](https://images.planningportal.im/2021/11/6792843.png)

![A photograph showing a rural landscape with a field in the foreground and three buildings in the distance, including a white house and agricultural structures.](https://images.planningportal.im/2021/11/6792844.png)

![A photograph showing the existing site conditions of a rural property with a driveway leading to outbuildings and a garden area on the left.](https://images.planningportal.im/2021/11/6792845.png)

![A photograph of a white, two-story detached house with a slate roof and chimneys. The property is situated behind a white boundary wall with a wooden gate.](https://images.planningportal.im/2021/11/6792846.png)

![A photograph of a rural property featuring a large white detached house, smaller outbuildings, and a long barn-like structure in the background with a grassy foreground.](https://images.planningportal.im/2021/11/6792847.png)

![A photograph showing a grassy field in the foreground with existing buildings, including a large agricultural shed and a house, visible in the background under an overcast sky.](https://images.planningportal.im/2021/11/6792848.png)

The area is littered with many ‘Manx Vernacular’ farmhouses, which adhere to Planning Circular 3/91 to differing degrees, two examples are next to site.

Ballasalla Farm A relatively recently extended ‘Manx Vernacular’ dwelling with a poorly proportioned extension compared with the main dwelling. To the rear of the house is a converted stone built barn which forms a separate dwelling & a metal clad portal frame shed.

Old Jurby Stud An original correctly proportioned ‘Manx Vernacular’ farm house with a cat slide rear extension. To the rear are generic designed timber frame and clad stables. The aircraft control tower visible in the distance.

Jurby Water Gardens

Twin peaked greenhouse, lots of hard standing/ gravel, play equipment, polytunnels, general cluttered site. Aircraft control tower again visible in the distance.

The site itself has no real sense of place. Nothing on the site is traditionally found in the Manx countryside.

### 7. Wider Context

![A photograph showing a grassy field in the foreground with a large, multi-story concrete building complex in the background under a clear blue sky.](https://images.planningportal.im/2021/11/6792849.png)

![A photograph of a two-story building with a flat roof and railing, labeled 'COASTAL CONTROL', situated in a coastal setting.](https://images.planningportal.im/2021/11/6792850.png)

![A photograph showing a small concrete tower structure with an external metal staircase situated on a grassy coastal landscape with the sea in the background.](https://images.planningportal.im/2021/11/6792851.png)

![A photograph showing a white church building with a tower and a graveyard in the foreground.](https://images.planningportal.im/2021/11/6792852.png)

![A photograph of an existing long, single-story wooden outbuilding or barn with boarded windows and green doors situated on a rural plot.](https://images.planningportal.im/2021/11/6792853.png)

![A photograph showing a concrete military pillbox or bunker situated on a grassy embankment next to a road.](https://images.planningportal.im/2021/11/6792854.png)

There are many structures in the vicinity which can provide design inspiration.

Coastline RAF jurby lookout towers and Jurby Church are visible from all around the area. They both stand out of the green landscape due to their white painted render

Air field The air field is littered with many different buildings, most utilitarian (form follows function) structures. The control building has large glazed areas and a flat roof. Smaller timber clad huts with a shallow roof pitch have weathered to a silver/grey finish.

General area Dotted around the countryside are remnants from the war. Their materiality is harsh and solid looking in the soft green landscape. Concrete/brick pill boxes have long thin slit windows.

### 8. Design Ideas

![A photograph showing a grassy hillside with a modern pitched-roof building and a large curved agricultural shed in the background.](https://images.planningportal.im/2021/11/6792855.png)

![A photorealistic rendering of a modern, single-story detached house with an integral garage, featuring dark cladding and landscaped grounds.](https://images.planningportal.im/2021/11/6792856.png)

![A photograph showing a modern detached dwelling with timber cladding and stone walls, situated in a rural environment with an attached garage structure.](https://images.planningportal.im/2021/11/6792857.png)

![A photograph showing a grassy plot with mature trees in the foreground and existing outbuildings, including a wooden shed and greenhouse, in the background.](https://images.planningportal.im/2021/11/6792858.png)

![A photorealistic architectural rendering of a modern single-storey detached house with an attached carport and solar panels.](https://images.planningportal.im/2021/11/6792859.png)

![A photograph showing a modern detached dwelling with stone and timber cladding, alongside a separate wooden garage structure and paved driveway.](https://images.planningportal.im/2021/11/6792860.png)

Hill House Passivhaus by Meloy Architects Contemporary design follows previous built form House Lessans by McGonigle McGrath Contemporary design mimicing argricultural form Maison Wedge by BGA Architects Barn like cladding (metal and timber) Newhouse of Auchengree by Ann Nisbet Agricultural form & cladding (metal roof & facade) Lochside House by HaysomWardMiller Edinburgh Road by A449 Architects The site lends itself to a long, low, single storey dwelling due to the scale and form of the existing structures on the site. Here are some examples of how RIBA award winning Architects have taken inspiration from context.

‘Agritecture’ inspired dwellings take elements of their design and materials from utilitarian barns and sheds found in the countryside. These forms have become as much part of the ‘Manx Vernacular’ as the symetrical ‘Manx farm house’ is.

Due to their low level form and use of materials such as metal and timber they often stand out less than the two storey white rendered farmhouses do.

House Lessans is inspired by the nearby agricultrual barn, using the same masonary base and metal clad top. Hill House Passivhaus is designed around the footprint and form of the timber chicken sheds which stood on the site prior to the dwelling. Maison Wedge and Newhouse of Auchengree are designed to follow agricultural forms and materials but in a more contemporary style.

Lochside House and Edinburgh Road are timber and stone dwellings allowed to weather, taking cues from their surrounding context and are formed to look like a collection of buildings similar to that found in the countryside.

A collection of smaller buildings to form a whole Use of materials to sit in the site respectfully

### Jurby Water Gardens - Reserved Matters Application

## 8

## 9. Design Concept

![A schematic site plan or block plan showing the footprint of a proposed dwelling alongside existing agricultural structures like a glass house and poly tunnel.](https://images.planningportal.im/2021/11/113202.jpg)

The proposed dwelling has been located on the general footprint of the previous development. The overall built area has been reduced.

The overall width of the proposed dwelling is approximately the same as the existing development when viewed from the highway access.

The dwelling's form creates an internal courtyard, this is to provide outdoor space that is usable in the exposed location and protected from the prevailing winds.

This shape also limits the spread of the floor plan along the site. The overall length of the proposed dwelling is significantly shorter than the existing glasshouses, reducing the visual impact of the dwelling from the highway as you approach from the south.

The proposed dwelling is a mixture of shallow pitched roof and flat roof areas, keeping the overall height of the building down. The pitched sections of roof are to be finished in a standing seam metal

Existing Glasshouse ridge height - 103.940 Proposed dwelling ridge height - 104.350

Existing area covered by structures - 800 sq m Proposed dwelling floor area - 517 sq m

### Appendices

![photograph from page 10](https://images.planningportal.im/2021/11/6792861.png)

APPENDIX A - Approval notice (PA18/01283/A)
APPENDIX B - Officers report (PA18/01283/A)
APPENDIX C - Site photographs.

## Appendix A Approval Notice

Penketh - Millar
23 West Quay
Ramsey
Isle Of Man
IM8 1DL

## Town And Country Planning Act 1999
### The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to **APPROVE** an application by Mr & Mrs Douglas Burns, Ref **18/01283/A**, for the **Approval in principle for the erection of a detached dwelling, addressing means of access** at **Water Gardens Jurby Coast Road Jurby West Isle Of Man IM7 3AS** subject to compliance with the following **condition(s)** and notes (if any):

1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

**Reason:** To comply with article 14 of the Town and Country Planning (Development Procedure) (No 2) Order 2013.

2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.

**Reason:** To avoid the accumulation of unimplemented planning approvals.

3. Approval of the details of siting, design, external appearance of the building, internal layout, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

**Reason:** To comply with the Town and Country Planning (Development Procedure) (No 2) Order 2013.

4. The new dwelling must be single storey.

**Reason:** To ensure the visual impact of the development has a reduced impact to the landscape and the wider environment.

This approval relates to the submitted documents and drawings reference numbers 01, 01 (IOM Groundworks) 02 and 03 received on 6th December 2018 & 13th December 2018.

Date of Issue: 5th March 2019

Department of Environment, Food and Agriculture, Planning & Building Control Directorate, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email planning@gov.im. Tel 01624 685950

## Appendix B Officers Report

## Planning Officer Report And Recommendations

[Table omitted in markdown export]

Application No. : 18/01283/A Applicant : Mr & Mrs Douglas Burns Proposal : Approval in principle for the erection of a detached dwelling, addressing means of access Site Address : Water Gardens Jurby Coast Road Jurby West Isle Of Man IM7 3AS Principal Planner: Mr Chris Balmer Photo Taken : 14.02.2019 Site Visit : 14.02.2019 Expected Decision Level : Planning Committee

Recommendation Recommended Decision: Permitted Date of Recommendation: 15.02.2019 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

- C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

- C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
- C 3. Approval of the details of siting, design, external appearance of the building, internal layout, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

- C 4. The new dwelling must be single storey.

Reason: To ensure the visual impact of the development has a reduced impact to the landscape and the wider environment.

18/01283/A Page 1 of 6

## Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers 01, 01(IOM Groundworks) 02 and 03 received on 6th December 2018 & 13th December 2018. _______________________________________________________________

## Interested Person Status – Additional Persons

None _____________________________________________________________________________

## Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE MEMBERS AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL.

- 1.0 SITE
- 1.1 The application site forms part of the existing curtilage of Jurby Water Gardens which is located along the north western side of the Jurby Coast Road with the settlement of Jurby located to the northeast of the site.
- 1.2 The site is heavily developed which includes large single storey green houses, polytunnels, sheds, ponds, large expanse of gravel area for parking spaces/turning facilities. In terms of area the site equates to 3060sqm and the total area covered by buildings is 800sq m (main greenhouse makes up 720sq m) and the hardstanding area makes up a further 912sq m of the total. There is also wind break fencing to the north of the site.
- 1.3 There is an existing access which is 6.5m wide which accesses directly onto the Jurby Coast Road.

- 2.0 PROPOSAL
- 2.1 The application seeks approval in principle for the erection of a detached dwelling to replace the existing Water Gardens buildings. Access is also a matter to consider at this stage. All other matters are reserved (design, siting, internal layout, landscaping, drainage & external appearance). An indicated section plan has been included, which indicates how a single storey detached dwelling, with a "L-shaped" footprint could appear in relation to the existing building.

- 3.0 DEPARTMENT POLICIES
- 3.1 The application site is within an area to which the Isle of Man Planning Scheme (Development Plan) Order 1982 still applies. The application site is not designated for development within the 1982 Order. The site is not within a Conservation Area but is within an area of High Landscape Value or Coastal Value and Scenic Significance.
- 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:
- 3.3 Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3."
- 3.4 Environmental Policy 1: "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

18/01283/A Page 2 of 6

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."

- 3.5 Environment Policy 2 states: "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."

- 3.6 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 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."

- 3.7 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."

- 3.8 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
- 3.9 Transport Policy states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7." 4.0 PLANNING HISTORY

18/01283/A Page 3 of 6

- 4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.
- 5.0 REPRESENTATIONS

- 5.1 Jurby Parish Commissioners (received on 16.01.2019) have no comments or objections to the application.
- 5.2 Highways Division originally raised concern (04.02.2019); however, following further discussions between the Department and Highways Services they have no objection to the application making the following comments (14.092.2019):

"Further to the previous highway response dated 4/2/19 for the above application, and our subsequent discussion confirming that no more than one dwelling could be provided on the site as part of a future reserved matters application, I can confirm that there is no highway objection to the proposal as the single dwelling should create less traffic than the existing garden centre use."

6.0 ASSESSMENT

- 6.1 Fundamentally, in terms of planning policy there is a long established presumption against new 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 IOM Development Plan 1982 and therefore Environment Policy 1 requires consideration. This policy indicates that the countryside and its ecology will be protected for its own sake, 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. 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 not identified in an adopted Area Plan as being within a town, village, or within a sustainable urban extension and therefore contrary to the exceptions indicated in Housing Policy 4. Fourthly, the site is zoned within an area of High Landscape or Coastal Value and Scenic Significance and therefore Environment Policy 2 requires consideration. This policy indicates that 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.

- 6.2 The proposed dwelling does not serve a viable agricultural holding nor replaces an existing dwelling and therefore there are no special circumstances to warrant the setting aside of the presumption against development. The development proposed by this planning application could be considered to be contrary to the current policies of the Department.
- 6.3 However, General Policy 3 paragraph (C) would has been suggested by the applicants as why the proposal would fit planning policy. This section of GP3 indicates that; "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;". Further, Under appendix 1 of the Isle of Man Strategic Plan the term is defined as:-

"Previously-developed land is that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure.

The definition includes defence buildings, but excludes: o Land that is or has been occupied by agricultural or forestry buildings.

18/01283/A Page 4 of 6

- o Land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures.
- o Land in built-up areas such as parks, recreation grounds and allotments, which, although it may feature paths, pavilions and other buildings, has not been previously developed.
- o Land that was previously-developed but where the remains of the permanent structure
- or fixed surface structure have blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings).

There is no presumption that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed."

- 6.4 It is considered the site and associated buildings, structure, signage and large hardstandings would all meet the definition of "previously-developed land" and therefore the principle of a dwelling on this site is considered acceptable. The size, height, design etc are all matters which would be considered at a later date; however, it is considered a single storey dwelling, perhaps of a contemporary design/finish/form with a low level pitch/flat roof, as suggested by the applicants, would fit well within the site and potentially meet the requirement of having a reduced and improved impact upon the landscape and wider environment.
- 6.5 Further, with careful design of any dwelling with less overall built development within the site it is considered it is very possible to reduce the impact of the current situation on the landscape or the wider environment.
- 6.6 In term of redundancy the applicants have provided a statement in their submission where they have indicated that they owned and operated the water gardens since 1993. However, in recent years business has fallen due to market changes and shopping habits. Due to this and also health reasons and reaching retirement age they decided to sell the business as a going concern. They advertised the business with Hilton Smythe Commercial Estate Agents on 7/9/16 for a year as well as advertising on the IOM and in UK with not one enquiry of interest. After the 12 month marketing contract finished, they advertised it in all the local newspapers and internet sites for a period of another year with little or no success. However, since this time they have been advised that the building is no longer fit for purpose and due to health reasons, they decided to close the business. Again, it would appear clear that the applicants have tried for a number of years to sell the business without success. Further, the buildings within the site are not conducive for other uses, i.e. compared to an industrial building which could be used for a variety of uses. Furthermore, the site is not in a particularly sustainable location, being within the countryside. It is likely that if the application for a water garden was being proposed today, on this site, there would be likely to be concerns of its location and it not being within a sustainable location, closer to large settlements. Accordingly, replacing it with a single dwelling, which in turn will likely reduce the amount of visitors/staff going to and from the site, would be more sustainable.
- 6.7 Overall, it is considered the proposal for a single dwelling on this site would meet the tests of "previously-developed land" and with careful design dwelling in the future would result in a significantly improvement to the environmental and landscape and a more sustainable form of development.
- 6.8 The comments from Highway Services are noted; the site and its recent use would likely have generated substantially more traffic than a single dwelling. No alterations are being proposed to this existing access. Accordingly, given less vehicles would be utilising this existing access, it is reasonable to consider the proposal represents an improvement to highway safety. The site can also easily provide adequate parking (2 spaces) and turning faculties. Accordingly, from these respects the proposal is considered acceptable.

18/01283/A Page 5 of 6

- 7.0 CONCLUSION
- 7.1 It is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan for the reasons set out in this report, it is recommended that the application be approved.

- 8.0 INTERESTED PERSON STATUS
- 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
- (d) Highway Services Division of Department of Infrastructure and
- (e) The local authority in whose district the land the subject of the application is situated.

- 8.2 The decision maker must determine:

- o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
- o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

_____________________________________________________________________

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Permitted Committee Meeting Date: 04.03.2019

Signed : S CORLETT Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

## Customer note

## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

18/01283/A Page 6 of 6

## Appendix C Site Photographs

## APPENDIX C - Photograph legend

![A site block plan illustrating the layout of a proposed single-storey dwelling, existing greenhouses, and polytunnels on a nursery site.](https://images.planningportal.im/2021/11/113205.jpg)

### 214121

**Ponds**

**Nurseries Jurby Coast Road**

#### Block Plan

Overall site is approximately 3185 square metres (0.78 Acres).

- Photograph No 1

- Photograph No 2

![A photograph showing an existing garden centre or nursery with large glass greenhouses and stone statues on a gravel forecourt.](https://images.planningportal.im/2021/11/6792862.png)

- Photograph No 3

- Photograph No 4

![photograph from page 23](https://images.planningportal.im/2021/11/6792865.png)

![photograph from page 23](https://images.planningportal.im/2021/11/6792866.png)

## Photograph No 5

![A photograph of a rural agricultural site featuring a long greenhouse structure on the left and a wooden fence with a rusty container on the right, surrounded by scattered farm equipment and pallets.](https://images.planningportal.im/2021/11/113210.jpg)

![A photograph showing a rural site featuring a large green polytunnel and an adjacent long greenhouse structure with a metal roof.](https://images.planningportal.im/2021/11/113211.jpg)

### Photograph No 6

PENKETH-MILLAR

- Photograph No 7

- Photograph No 8

![A photograph showing a long, dilapidated greenhouse or glasshouse structure surrounded by overgrown vegetation and scattered debris.](https://images.planningportal.im/2021/11/6792868.png)

![A photograph of a cluttered, overgrown plot of land featuring piles of slate debris, old wooden structures, and scattered items in a rural setting.](https://images.planningportal.im/2021/11/6792869.png)

- Photograph No 9

- Photograph No 10

![A photograph showing a large, weathered greenhouse structure with a metal frame and glass panels. The foreground contains debris and wooden pallets, while a grassy slope with a wooden windbreak fence is visible to the...](https://images.planningportal.im/2021/11/6792871.png)

![A long, weathered glass greenhouse structure stands in an overgrown field with other buildings visible in the background.](https://images.planningportal.im/2021/11/6792872.png)

- Photograph No 11

- Photograph No 12

![A photograph showing a long, metal-framed greenhouse or polytunnel structure with translucent upper walls and opaque lower panels, situated in an overgrown grassy field.](https://images.planningportal.im/2021/11/6792874.png)

![A photograph showing a large greenhouse structure in a rural setting with overgrown vegetation in the foreground and a caravan in the background.](https://images.planningportal.im/2021/11/6792875.png)

- Photograph No 13

- Photograph No 14

![A photograph showing a grassy plot of land featuring a long glass greenhouse on the right and wooden trellis structures in the background.](https://images.planningportal.im/2021/11/6792877.png)

![A photograph showing a dilapidated caravan and overgrown garden area with adjacent outbuildings and greenhouse structures.](https://images.planningportal.im/2021/11/6792878.png)

- Photograph No 15

- Photograph No 16

![A photograph showing a cluttered garden or yard area next to a single-story building, featuring gardening supplies, pots, and a small shed in the background.](https://images.planningportal.im/2021/11/6792880.png)

![A photograph showing the entrance to a rural property with a gravel driveway, wooden gates, and greenhouse structures in the background.](https://images.planningportal.im/2021/11/6792881.png)

- Photograph No 17

- Photograph No 18

![map or plan from page 30](https://images.planningportal.im/2021/11/6792883.png)

![map or plan from page 30](https://images.planningportal.im/2021/11/6792884.png)

- Photograph No 19

- Photograph No 20

![A photograph showing a white, two-story detached house with a slate roof, located behind a white boundary wall and wooden gate.](https://images.planningportal.im/2021/11/6792886.png)

![A photograph showing a rural landscape with a grassy field in the foreground and two buildings, a white house and a long stone structure, in the background.](https://images.planningportal.im/2021/11/6792887.png)

---

*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/8232-jurby-water-gardens-dwelling/documents/942303*
