Planning Officer Report

Application No.:	11/01777/A
Applicant:	Mr Mark & Mrs Rosina Casson
Proposal:	Approval in principle for the erection of a detached dwelling
Site Address:	Land Associated With
Fairfield House
Fairfield Avenue
Ramsey
Isle Of Man
IM8 2LS

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THERE IS AN OBJECTION TO THE APPLICATION FROM RAMSEY TOWN COMMISSIONERS AND IT IS RECOMMENDED FOR APPROVAL

The Site

1. The site is the residential curtilage of an existing dwelling, Fairfield House which lies at the southern end of Fairfield Avenue. The overall curtilage is 1.2 acres (0.5 ha). To the north west is Ramsey Grammar School and to the south east residential dwellings Manor House and The Greens. To the east of the access road is Cheshire House, an facility for the physically disabled. Fairfield Avenue leads north to meet Lezayre Road, opposite Bircham Avenue.

1. The application site contains the existing house and identifies part of the site as being suitable for the erection of a dwelling and becoming a separate residential curtilage. There are established trees within the site.

1. The access to the site is via a tree lined lane which provides a narrow laneway to the dwelling and the application site. To the west of the access lane is the playing fields of the Grammar School.

The Proposal

1. Proposed is the principle of the creation of a second dwelling within the curtilage of Fairfield. The site defined amounts to approximately 0.2 ha. The development of a second dwelling will involve the removal of six trees at the south western edge of the site. The new property would share the main access with the existing principal house which would lead off to the south parallel with the river (Strooan ny Craw) and lead to the new house.

1. The new dwelling and access are shown to be close to the stream - as close as 1.5m to the roadway and 3.5m from the dwelling although the dwelling could be re-positioned or redesigned to be further away. There is an existing accessway alongside the river which forms the route of the access to the new dwelling. The applicant has clarified that the accessway alongside need not be a fully constructed roadway but simply a hardcore lane-type access which need not involve any structural works or engineering.

1. The trees on the site are a mixture of coniferous and deciduous specimens of varying heights and ages. The firs closest to the application building are very tall and would be within

Case Officer :	Miss S E Corlett
Photo Taken :	02.02.2012
Site Visit :	02.02.2012
Expected Decision Level :	Planning Committee

falling distance of the new dwelling although they appear to be good and healthy specimens which do not currently pose a risk of falling and being coniferous would not result in leaf drop such as to warrant a nuisance which would lead to requests for their removal. The trees to be removed are smaller specimens.

Planning Policy

1. The site is designated as Predominantly Residential on the Ramsey Local Plan of 1999. The development brief within the plan relates to the development of the land to the north east which has now been developed in the form of the facilities for the physically disabled.

1. The Local Plan contains a policy which guards against backland development - R/E/P3 which states: Backland Development and Development in the Grounds of Houses: there shall be a general presumption against backland development and development within the grounds of large houses on those sites which are well landscaped within ample tree coverage".

1. There is a presumption in favour of development in such areas as set out as follows in the Strategic Plan 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 space 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 adverse 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."

1. There is also a policy, similar to that in the Ramsey Local Plan, regarding backland development: Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."

1. Environment Policy 7 of the Strategic Plan protects wildlife and watercourses and states:

"Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which would not be overcome by mitigation measures will not be permitted. Where

development is proposed which would affect a watercourse, planning applications must comply with the following criteria:

a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality;

b) details of pollution and alleviation measures must be submitted;

c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and

d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species."

Planning History

1. The existing dwelling was the subject of an application for alterations and extensions under PA 10/0903, which was permitted. This does not have an impact on the current application.

Representations

1. Ramsey Town Commissioners object to the application on the basis that the proposal contradicts the policy in the Ramsey Local Plan against backland development and also that the proposal would with within 8m of a watercourse, in contravention of Environment Policy 7 of the Strategic Plan. They have since indicated that as there is no objection from DEFA to the works in proximity to the watercourse then they would not continue their objection on this basis but still have reservations about the backland development aspect of the proposal.

1. In terms of drainage, the Commissioners refer to the Sewerage Act 1999. They also seek clarification of the means of dealing with surface water as there are no known surface water drains in the area. The application indicates that they will drain surface water into the watercourse: a licence to discharge will be required for this from DEFA.

1. Department of Environment, Food and Agriculture Fisheries Division indicate that they are communicating with the applicant regarding the proximity to the watercourse.

1. A representative of the owners of 4, The Greens expresses an interest on the basis that their land adjoins the site. The owners were due back on the Island by 13th February, 2012 but have submitted no further comments.

Assessment

1. Discussion with the Department of Environment, Food and Agriculture Forestry Officer indicates that they would not oppose the removal of the trees shown to be removed on the drawings but it needs to be demonstrated that the remaining trees are sufficiently protected from future felling requests through appropriate siting of the new dwelling. Without full details of the proposed dwelling it is not the case that a dwelling would need to result in too close a proximity to the watercourse or the remaining trees and the applicant has pointed out that there are many people who are comfortable living close to trees and that such an environment could be pleasing and acceptable and need not result in a future demand for tree felling.

1. There are policies both in favour of development on this site - the presumption in favour of development as set out in GP 2 but also a guard against additional development within established residential curtilages as set out in the Ramsey Local Plan and EP 42 where such development would remove open space which contributes to the visual amenity and sense of place of a particular area. The site is tucked away at the side of Fairfield House and cannot

generally be seen. The trees to be removed are not ones which make a significant contribution to public amenity. As such it could be argued that whilst the development involves the erection of a new dwelling within the curtilage of an existing large house, the impact of this is not harmful to public amenity and as such the development is not contrary to the provisions of EP 42.

1. The proposal could result in little harm to the setting of Fairfield House and little impact on its character or appearance. The site as defined includes all of the residential curtilage of Fairfield House and as such, the curtilage of the new dwelling need not be as tightly defined as shown in the application drawings. Whilst there will probably still be trees within falling distance of the new dwelling, there are already very tall trees on site which the applicant advises are within falling distance of other houses and that this should not be a reason for refusal.

1. On balance it is considered that the impact of the removal of trees and the erection of a dwelling would not be detrimental either to the amenities of Fairfield House or any other dwellings in the vicinity, nor would the removal of trees which would result be harmful to public amenity. Whilst development should generally not be within 8m of a watercourse, the applicant has discussed this with DEFA who have advised that the development need not adversely affect the watercourse and the wildlife it supports. Other legislation exists to control discharges into the watercourse.

Party Status

1. The local authority, Ramsey Town Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.

1. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

1. Department of Environment, Food and Agriculture Fisheries is a statutory authority who raise material planning considerations and as such should be afforded party status.

1. The owners of 4, The Greens immediately adjoin the site and as such should be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 14.03.2012

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

C 1.

Approval of the details of siting, design, external appearance of the building[s], internal layout, means of access, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Planning Authority in writing before any development is commenced.

C 2.

The application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission.

C 3.

The development to which this permission relates shall begin within 4 years of the date of this permission or within two years of the final approval of the reserved matters, whichever is the later.

C 4.

The application for the reserved matters must include a full and accurate tree survey including the positions, canopy spreads, heights, species and conditions of all trees together with a method statement indicating how the works will be undertaken whilst adequately protecting all trees to be retained, in accordance with British Standard 5837:2005 - Trees in relation to construction.

C 5.

The application for reserved matters must include all engineering works for access, services and pipework and drainage details together with sufficient information to demonstrate that these will not adversely affect either the structural stability of the stream bank or the ecology or water quality of the watercourse.

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 : A Committee Meeting Date : 2-4-12

Signed : S20nol Presenting Officer

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