**Document:** Officer Report **Application:** 18/00029/A — Approval in principle for the residential development of site including siting, design and means of access **Decision:** Refused **Decision Date:** 2018-04-25 **Parish:** Michael **Document Type:** report / officer_report **Source:** https://planningportal.im/a/11176-jurby-palm-court-and/documents/979869 --- # Officer Report **Application No.:** 18/00029/A **Applicant:** Jenson Limited **Proposal:** Approval in principle for the residential development of site including siting, design and means of access **Site Address:** Palm Court and Jurby Garage Coast Road Jurby Isle of Man IM7 3ET Case Officer : Mr Owen Gore **Photo Taken:** 13.02.2018 **Site Visit:** 13.02.2018 **Expected Decision Level:** Planning Committee **Recommended Decision:** Refused **Date of Recommendation:** 03.04.2018 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. The proposed demolition of a commercial building and a residential dwelling and erection of ten dwellings, in the open countryside is not considered acceptable in principle. The proposal therefore conflicts with Strategic Policy 2, General Policy 3, Environment Policy 1, Environment - Policy 2 and Housing Policy 4 of the Isle of Man Strategic Plan 2016. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ ### Officer’s Report THIS THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE AS IT HAS THE POTENTIAL TO RESULT IN A DEVELOPMENT OF 8 OR MORE RESIDENTIAL UNITS. ## THE SITE 1.1 The application site is located on the footprint and within the garden area of Palm Court, as well as on the site of the Jurby garage. The garage is no longer in use but the site is used for the storage and/or parking of vehicles. This site occupies the corner of Coast Road (A10) and Jurby Road (A14) and stretches to Bretney Road. The nearest properties are Briarcliffe House and the properties on Yn Aittin Voor, off of Bretney Road. THE PROPOSAL 2.1 The proposal is for the erection of 10 dwellings in terms of the principle for residential development only. The site plan shows two larger dwellings on the Jurby garage part of the site, on spacious plots, with detached garages; on the Palm Court part of the site the plan shows eight smaller, terraced dwellings with gardens to the front and rear. The site plan shows extensive hardstanding for parking and vehicle manoeuvring space, as well as two accesses onto the highway. 2.2 The originally submitted application form indicated that the matters for determination included siting, design and means of access; however the applicant's agent has confirmed that these were included in error and has provided an amended application form to remove these. PLANNING POLICY - 3.1 The site is shown on the 1982 Development Plan map for the North as not being zoned for development and therefore within open countryside. To the east of the site, the map shows the adjoining site as 'Airfield'; the site also falls within an Area of High Landscape or Coastal Value and Scenic Significance (AHLV's). There is a Jurby Village Study of which there is a discussion document available; however this is not an area plan and carries little weight in decision making. 3.2 The Strategic Plan 2016 contains policies that are considered specifically material to the assessment of this planning application. 3.3 Strategic Policy 1 stipulates the need to make the best use of resources by optimising the use of previously developed and under-used land; using sites efficiently by including access, landscaping, open space(1) and amenity standards etc.; and being located so as to utilise existing and planned infrastructure, facilities and services. Strategic Policy 2 states that new development will be located primarily within our existing towns and villages and that Development will be permitted in the countryside only in the exceptional circumstances identified in General Policy 3. - 3.4 Spatial Policy 3 identifies Jurby as a service village and Spatial Policy 5 also states that new development will be located within the defined settlements and references the exceptional circumstances identified in General Policy 3. - 3.5 General Policy 3 applies to development that is proposed outside of those areas which are zoned for development. The presumption is against permission being granted for such development; however the policy provides a list of exceptions. - 3.6 Environment Policies 1 & 2 both seek to protect the countryside and its ecology in reference to the general open countryside, 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; and within Areas of High Landscape or Coastal Value and Scenic Significance (AHLV's), where the protection of the character of the landscape will be the most important consideration. - 3.7 Housing Policy 1 identifies how the housing needs of the Island will be met and Housing - Policy 3 identifies the Island's housing need and the distribution across the North, South, East and West. Housing Policy 4 states that 'New housing will be located primarily within our existing towns and villages'. 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 Housing Policy 5 sets out affordable housing requirements in granting planning permission of developments of 8 dwellings or more, which is 25% of provision. This policy references residential development on zoned land or in predominantly residential areas. - 3.9 Housing Policy 12 applies to a 'like for like' replacement of an existing dwelling in the countryside and provides clarity on abandonment and capability of renovation. Housing Policy 13 applies to rural dwellings which have lost their former residential use by abandonment. Housing Policy 14 incorporates the two previous policies and sets out the considerations for assessing such proposals. These policies do not make the provision for the replacement of a single dwelling with multiple dwellings. ## PLANNING HISTORY 4.1 The previous planning applications are not considered to be specifically material in the assessment of the current application. REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. 5.1 Jurby Parish Commissioners have commented on this application and stated that they approve of the proposed development in principle; however they have requested that a condition be included to seek the demolition of buildings, the clearance of the site and removal of all vehicles currently parked/stored on the site as well as preventing them in the future. Letter is dated 7 February 2018. 5.2 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is concern regarding the intensification of the accesses, the visibility splays of these accesses, the width and design of the proposed highways, and the locations of the parking, in the letter dated 30 January 2018. - 5.3 Representation from the Department of Infrastructure (DOI) Public Estates and Housing Division request that a section 13 agreement be entered into if approval is given, for the requirement for 25% of the units to be affordable housing. ## ASSESSMENT 6.1 The originally submitted application form indicated that the matters for determination included siting, design and means of access; however the applicant's agent has confirmed that these were included in error and has provided an amended application form to remove these. The assessment will therefore focus on the principle of development. 6.2 The whole of the site is shown on the 1982 Development Plan map for the North as not being zoned for development and therefore within open countryside. Palm Court is a single residential dwelling, including curtilage, with a garden stretching 40-50m from the dwellinghouse to the A14. Jurby garage is a former sui generis use, previously a petrol filling station and vehicle repair, and it is understood to now be used for vehicle repair, storage/parking and as a breakers yard; it is not clear whether some of these uses are lawful or not. - 6.3 The former Jurby garage site is considered to be previously developed land; therefore a proposal for the clearance of this site and the two new dwellings would make good use of resources by optimising the use of previously developed and under-used land, as per Strategic Policy 1. - 6.4 On the other hand, Palm Court is a single residential dwelling within a curtilage. Housing - Policy 4 allows for new housing in the countryside only in exceptional circumstances, which includes the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14. The dwelling at Palm Court appears to have been vacant for some time and it was observed on site that the rear balcony has collapsed and parts of the building appeared dilapidated. The habitable status has not been assessed as part of this application. 6.5 Housing Policy 12 & 13 allow for the replacement of an existing dwelling in the countryside; however this is 'like for like' replacement, which would be for a single dwelling in accordance with the policy, rather than eight. These policies do not make the provision for the replacement of a single dwelling with multiple dwellings. ## CONCLUSION 7.1 The principle for the demolition of a commercial building and a residential dwelling, in the countryside and erection of ten dwellings is not considered acceptable. The proposal is for the erection new dwellings in the open countryside and therefore conflicts with Strategic Policy 2, General Policy 3, Environment Policy 1, Environment Policy 2 and Housing Policy 4. 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 : Refused Committee Meeting Date: 23.04.2018 Signed : O Gore Presenting Officer Further to the decision of the Committee an additional report/condition reason was required YES/NO See below ### Planning Committee Decision 23.04.2018 Application No. : 18/00029/A Applicant : Jenson Limited Proposal : Approval in principle for the residential development of site including siting, design and means of access Site Address : Palm Court and Jurby Garage Coast Road Jurby Isle of Man IM7 3ET Presenting Officer : Mr Owen Gore Addendum to the Officer’s Report The Committee Members discussed the application in detail. It was agreed that the policies included in the refusal reason could be reduced to just include General Policy 3 and Housing Policy 4. The officer recommendation was agreed to be amended with regards to the Interested Person Status; the following text should be included: - It is recommended that the following persons should be given Interested Person Status on the basis that they have made written submissions and they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 6(4): Department of Infrastructure (DOI) Public Estates and Housing Division ### Reason for Refusal R 1. The application site is on land that is not zoned for development in the 1982 Development Plan. The applicant has not provided sufficient material reasons to adequately demonstrate that the benefits of the submitted proposal will outweigh the constraints of General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan 2016. ## 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. --- *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/11176-jurby-palm-court-and/documents/979869*