11 September 2023 · Delegated
Plot 6, The Greens, Fairfield Avenue, Ramsey, Isle Of Man, IM8 2ls
This application sought permission to erect a new dwelling and a detached garage on Plot 6, The Greens, Fairfield Avenue, Ramsey, Isle of Man. The site occupies the curtilage of a plot on the southern side of Fairfield Avenue, at the end of a cul-de-sac, and is enclosed by mature trees and hedging on most boundaries. The golf course adjoins the southwest and southeast boundaries, with Manor House and the Golf Professionals Clubhouse located nearby. The planning officer considered several issues including the principle of developing the site for residential use, the potential visual impact on the street scene and wider townscape, effects on neighbouring properties, parking and highway safety, and ecological impacts. The application was approved by delegated authority on 11 September 2023, with five conditions attached to the permission.
The application was approved on 11 September 2023 by delegated authority. The key planning issues considered included whether the site was suitable in principle for a new dwelling, the visual impact on the street scene and townscape, and the effects on parking and highway safety. All issues were resolved in favour of the proposal, and five conditions were attached to the permission.
General Policy 2
The application accords with General Policy 2
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. 6.3 Development outside of areas zoned for development
Strategic Policy 1
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. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
Strategic Policy 2 - Priority for new development to identified towns and villages
Strategic 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. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
Housing Policy 4
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. 8.5.6 The anticipated increase in the total number of dwellings on the Island over the Plan period is approximately 14%. By administering the programme of Area Plan preparation, the Department will ensure that there is sufficient land zoned for residential development to meet the overall housing requirement figure required by Housing Policy 1. The Department has resolved to prepare under the provisions of the Town and Country Planning Act 1999 four Area Plans which will concentrate upon larger areas of the Island. These will focus on the North, West, East and South of the Island and correspond with those areas discussed at paragraph 5.9 of the Spatial Strategy Chapter. 8.6 Affordable Housing 8.6.1 The Department is concerned about the increasing difficulties of securing the provision of affordable housing across the Island. The Department can, and does as a Housing Authority, intervene financially to provide financial support to local Authorities; financial support to prospective owner occupiers (through the House Purchase Assistance Scheme 2002) and by direct provision of new houses to rent. The provision of affordable housin g is a material consideration in the preparation of the development plan. In the current situation the Department considers that, to secure an adequate provision of affordable housing, it is appropriate to require that any area of land identified for hous ing purposes should include a contribution towards the provision of affordable housing. 8.6.2 There are currently around 1,584 (as at 31 st March 2007) households on the General Housing Waiting List. In addition, there are some 690 (as at 31 st March 2007) households registered with the Department under the House Purchase Assistance Scheme (HPAS). This indicates a total current need of some 2,274 households for affordable housing. (1) Sustainable Urban Extensions are defined in Appendix 1 8.6.3 In the current circumstances the Department considers that approximately 25 % of new housing provision should take the form of affordable housing. In assessing the appropriate percentage in each instance, the Department will have regard to the fact that the figure is a target over the Plan Period as a whole; to evidence of local housing need; to the nature of the land and viability of the scheme; and to the nature of existing adjacent housing. The 25% provision will be monitored and reviewed as part of any review of the Strategic Plan.
Housing Policy 6
Housing Policy 6: Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive. 8.8 Groups of Houses in the Countryside 8.8.1 There are in the countryside man y small groups of dwellings which, whilst not having the character of, or the full range of services usually provided in a village, nevertheless have a sense of place and community. These groups are found variously at crossroads, in places sheltered by trees or topography or around chapels, abandoned mills or smithys. 8.8.2 Adding further dwellings to these groups may not accord with our strategic objectives relating to settlements and sustainability but may assist in meeting the need of rural areas; may maintain social and family associations and assist in sustaining the rural economy; and may reduce the pressure for purely sporadic and isolated development which the Department would not support. Such additions would also need to be sensitively related to the existing settlement pattern and the landscape. 8.8.3 In the most recent local and Area Plans, the Department has in fact identified a number of these opportunities and in future Area Plans all groups of houses in the countryside will be assessed for d evelopment 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 o f 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. 8.9 New Agricultural Dwellings 8.9.1 As is indicated in Chapter 7 (at Section 7.14), permission will not be granted for new agricultural dwellings in the countryside unless there is real agricultural need demonstrated sufficient to off-set the general planning objections to new dwellings in the countryside. 8.9.2 Agricultural need should be established having regard to: (a) what living accommodation has been built on, or in association with the farm holding in the past, and how it is now occupied; and (b) who will occupy the proposed dwelling, and what role they will play in the operation of the farm; in some circumstances, there will be a legitimate need for a dwelling for a retiring farmer who proposes to vacate the farmhouse but to continue to assist on the farm.
Environment Policy 42
pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''
Policy R/R/P2: Specific Area Development Briefs
this area may be undertaken only in accordance with an approved development brief for Poyll Dooey/Ballachrink. This presumption will be in favour of Station Road to serve the area (reference: Policy R/R/P2D) and the relocation of the bus maintenance facilities to this area. A pumping station shall be located following discussion with the Department of Transport and be subject to an appropriate landscaping scheme. ### Paragraph 4.13 **C. Gardeners' Lane/Lezayre Road** A maximum of 3 hectares (approximately 8.0 acres) shall be reserved for industry as part of a scheme for the whole area (reference: Policy R/R/P2E). # Appendix 2 ## Development and Crime Prevention ### Introduction The following guide is intended to offer advice on how crime prevention and reduction measures can be incorporated into the design of developments within the West Ramsey area. Applicants and developers should aim to, where appropriate, incorporate elements contained within guide into planning applications. Appropriate design and layout of new development can help reduce the opportunity for crime, the fear of crime and lessen incidence of anti-social behaviour. New development should seek to reduce opportunities for criminal and anti-social behaviour, reduce the fear of crime and increase the likelihood of detecting crime. The ultimate objective of crime reduction is to create a safe environment for all. The Island has a low crime rate in comparison to the United Kingdom. However, if not addressed, fear of crime can become a significant problem in its own right. It can have a serious and lasting effect on the quality of life, particularly among those in the more vulnerable sectors of society, such as women, children, the disabled and the elderly. A reduction in the fear of crime is dependent upon reducing the risk of crime itself. This can be achieved through design and management of public areas, which seeks to influence the way the built environment is perceived by the public, and potential offenders alike. It is important that all aspects of new development are considered at an early stage within the design project in order that potential conflicts, including those appertaining to crime prevention, can be resolved. Historically, initiatives that attempt to incorporate crime prevention measures at a later stage, particularly when the development is built, can prove to be expensive or even impossible. ### Crime Prevention through Environmental Design The factors that influence crime, and anti-social behaviour, are complex but it is widely accepted that environmental factors can play a part. Crime prevention through environmental design is a world wide multi-disciplinary approach to crime reduction, and increasing perceived community safety. It seeks to influence the behaviour of the offender and acknowledges that the layout and design of the built environment can greatly affect crime patterns and trends, by either creating or reducing opportunities for criminal behaviour and public disorder. There are no fixed rules but there are a number of accepted principles that should be considered during the design process, including the following concepts: #### Surveillance Effective natural and passive surveillance is a basic element of crime prevention. It will deter the offender by making them feel vulnerable. Natural surveillance by the occupants of buildings, pedestrians, passing motorists and cyclists will assist in creating an environment within which the criminal is made to feel vulnerable and exposed. For example, car parking areas, footpaths, open spaces and children's play areas should be located in order that they are capable of being viewed from adjoining properties, well used roads and footpaths. Effective lighting during the hours of darkness will encourage greater legitimate public usage of spaces and footpaths, increasing the level of surveillance, and thus reducing the opportunities for anti-social behaviour or criminal activity. Good design and consideration to the position of windows can maximise surveillance from buildings. Road layouts and footpath networks should be designed to encourage effective observation. ## Defensible Space & Territoriality Defensible space is defined as an area that is perceived by potential offenders to be under the control and/or surveillance of other persons. Territoriality relates to space and the way areas of space relate to each other. As the degree of influence exercised by an individual over an area increases the more private it becomes. There are four types of recognisable space:- private, semi-private, semi-public and public. **Private** - Spaces under the total control of the occupant and not visually or physically acceptable to the public, e.g. a rear garden. **Semi-Private** - Spaces under the control of the occupant but visually or physically accessible to the public, e.g. the front garden of a house. **Semi-Public** - Spaces under the control of, or within the area of responsibility of, a specific group of occupants and accessible to the public, e.g. communal parking area. **Public** - Spaces where the general public ha
Condition 1
1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Condition 2
2. No development shall commence until an Ecological Mitigation Plan has been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. The Ecological Mitigation Plan shall contain the following details: Precautionary working methods to ensure that common frogs are not harmed during construction. Measures to be put in place to protect boundary features from damage and to ensure that the large pond to the west of the site is not impacted by runoff and sedimentation during construction Low level lighting plans for the site which adhere to best practise, as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 08/23 - Bats and Artificial Lighting (2023). Reason: To provide adequate safeguards for the ecological species existing in the locality.
Condition 3
3. Notwithstanding the details that have been submitted, the development hereby approved shall not commence until a detailed landscaping Plan has first been submitted to the Department in writing to be agreed. The Detailed Landscape Plan shall include a detailed landscaping layout, details of planting (no non-native species), hard surfacing materials, site levels, and details of the landscape features (hedges and trees) marked to be retained on site. Soft landscaping works shall include: planting plans (at a scale not less than 1:100), written specification of planting and cultivation works to be undertaken and schedules of plants, noting species, plant sizes and proposed numbers / densities. No Wildlife Act 1990 Schedule 8 non-native invasive plant species are to be planted on site. The development shall be carried out in accordance with the approved scheme and shall be retained as such thereafter unless changes to the landscaping have been submitted to and approved in writing by the Department. Any additional removal must be compensated for by replacement planting in accordance with details which have first been approved in writing by the Department. Reason: To ensure that the development achieves a high standard of design, layout and amenity and makes provision for hard and soft landscaping which contributes to the creation of a high quality, accessible, safe and attractive environment.
Condition 4
4. Within three months of the development commencing, plans shall be submitted to Planning for written approval containing details of bat and bird bricks/boxes on the new development. The development shall not be carried out unless in accordance with the approved details, and shall thereafter be permanently retained as such. Reason: To provide adequate safeguards for the ecological species existing in the locality.
Condition 5
5. The development hereby approved shall not be brought into use unless the access, and all parking and turning areas have been provided in accordance with the details shown on the approved plans (Drawing No: 1064.02). Once provided, all access, parking and turning areas shall thereafter be permanently retained as such. Reason: To ensure the provision of a means of access, parking and turning space to an adequate standard in the interests of road safety.
Approval in principle for residential development & access road, rear of The Oaks, Lezayre Road/Fairfield Avenue, Ramsey
Permitted on Review.
Layout of plots, roads and sewers, Fields 6011, 6523 and 7030, off Fairfield Avenue, Ramsey
This approval set out the layout of area, as well as the plot delineations, including the application site.
Plots, roads & sewers for 3 No plots, land off Fairfield Avenue, Ramsey