Planning Officer Report

Case Officer: Mr Steve Stanley Photo Taken: 17.05.2012 Site Visit: 17.05.2012 Expected Decision Level: Officer Delegation

Officer's Report

Introduction

1. This application seeks permission to construct two dwellings on a parcel of land situated in Ramsey.

The Site

1. The application site is a piece of land located to the north of Crescent East and to the east of Crescent Road, Ramsey. The site is set within an area that is residential in nature with housing to all of its sides. The site slopes downwards from south west to south east and has trees on its boundaries.

The Proposal

1. This application seeks approval for the erection of two detached dwellings on the site. It is proposed to access the site from the roadway to the north which is accessed from Crescent Road. Part of this access has been approved under a separate planning application (see planning history below). The access would lead from the existing laneway and would run between two of the approved plots.

1. Each dwelling would have a different modern design with both taking account of the slope of the land.

Development Plan Policies

1. The application site is located within an area that is designated as being predominantly residential by the Ramsey Local Plan Order 1998. The site is not within a Conservation Area. The Ramsey Local Plan identifies the area within which the site sits as being part of Area F "Ballure". Paragraph 3.20 of the Plan states:

"Most of this area is either developed, partly developed, or has the benefit of planning permission. It is important that the completion of these developments or any proposals for further development should be such as to safeguard the settings of the Manx Electric Railway and St Mary's Church, and should have regard to the amenity value of existing trees and gardens."

Within the Isle of Man Strategic Plan the following policies are judged to be relevant:

Strategic Policy 1:

Application No.:	12/00433/B
Applicant:	Mr Richard James Morris
Proposal:	Erection of two detached dwellings
Site Address:	Land Adjacent Crescent Road And The Crescent Ramsey Isle Of Man

"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 and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

Strategic Policy 2:

"New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."

Spatial Policy 2:

"Outside Douglas development will be concentrated on the following Service Centres to provide regeneration and choice of location for housing, employment and services

• Ramsey
• Peel
• Port Erin
• Castletown
• Onchan

Area Plans will define the development boundaries of such centres so as to provide a range of housing and employment opportunities at a scale appropriate to the settlement."

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:

• (d) is in accordance with the design brief in the Area Plan where there is such a brief;
• (e) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (f) does not affect adversely the character of the surrounding landscape or townscape;
• (g) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (h) does not affect adversely public views of the sea;
• (i) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (j) does not affect adversely the amenity of local residents or the character of the locality;
• (k) 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;
• (l) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (m) can be provided with all necessary services;
• (n) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (o) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (p) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (q) is designed having due regard to best practice in reducing energy consumption."

"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."

Planning History

1. The following previous planning application is considered relevant to the determination of this proposal:

09/00464/B - Residential estate layout of roadway and seven plots, Land Adjacent To Sherwood And Lhergy Vreck, Crescent Road, Ramsey. Permitted. This application was the subject of a third party appeal. The appeal was dismissed and the application approved, subject to conditions.

Representations

1. The Highways Division of the Department of Infrastructure does not object to this application provided that the roads approved under 09/00464/B are put in place before the commencement of this development.

1. Ramsey Town Commissioners do not object to this application. They have provided detailed notes on drainage matters relating to the Sewerage Act 1999.

1. The Manx Electricity Authority has provided an advisory note relating to electricity supply.

1. The owner/occupier of Lhergy Vreck, Crescent Road, Ramsey objects to this application. Their objection may be summarised as concerns that this proposal would result in more houses which would result in more traffic using the roadway and would spoil the recently approved layout. It is stated that the proposed houses would overlook the recently approved plots, would likely result in trees being removed and are not in-keeping with surrounding dwellings. Questions are raised regarding the type of hedging/ walling that will be used.

1. Officers from the Department of Environment, Food and Agriculture have provided comments relating to trees and wildlife. They have suggested that the conditions attached to PA 09/00464/B be reiterated for this application.

Assessment

1. The key issues to be assessed in the determination of this application are the impact of the development upon the surrounding area, impact upon adjacent properties and highways issues.

1. The land is designated for residential development by the extant local plan. The policies of the Isle of Man Strategic Plan seek to direct new residential development to existing settlements where it can benefit form existing and planned infrastructure and will reduce pressure for countryside development. This site meets the objective of these policies.

1. The Highways Division does not object to this application provided that prior to the commencement of works, the roadways approved under 09/00464/B are provided. Given that the Highways Division finds the development acceptable, it is concluded that the proposal is satisfactory in terms of highway safety.

1. The application includes a plan which identifies trees to be removed and those trees that are to be retained. This plan is consistent with that approved under 09/00464/B. The Department of Environment, Food and Agriculture (DEFA) has been asked to comment and has responded by stating that the condition relating to tree protection attached to 09/00464/B should be reiterated.

1. With regards to wildlife, 09/00464/B included a condition which controls the times of year that tree felling can take place in order to protect bats and birds. DEFA has requested that subject to minor re-wording, this same condition should be attached to this application.

1. The design of the dwellings is judged to be generally acceptable. This part of Ramsey displays a variety of house types, forms and styles with no over-riding character. Some houses sit in large spacious gardens, some are semi-detached whilst some are terraced. Taking this character into account, it is concluded that the houses proposed by this application would fit within the existing settlement in an acceptable manner.

1. With regards to the amenity of adjacent properties, the dwellings would be set a sufficient distance from existing dwellings so as to prevent unacceptable impacts such as overlooking or loss of light. The topography of the site would also serve to reduce any impacts upon the amenity of existing properties to an acceptable level. In terms of the plots approved on the adjacent land, the closest of the proposed dwellings would have just one first floor window which would serve an en-suite bathroom. This would not give rise to any unacceptable overlooking. The other proposed dwelling (that to the eastern side of the site), would be set approximately 30 metres from the closest of the approved dwellings. This is judged to be a sufficient distance to preserve the amenity of any future dwelling.

Recommendation

1. Permit.

Party Status

1. The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.

1. It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

• The owner/occupier of Lhergy Vreck, Crescent Road, Ramsey

1. Accordingly the following parties are not granted Interested Party Status:

• The Manx Electricity Authority

1. The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 18.05.2012

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the erection of two detached dwellings, land adjacent to Crescent Road and The Crescent, Ramsey as shown by drawings Crescent Ramsey 04, Crescent Ramsey 05, Crescent Ramsey 06 and Crescent Ramsey 07 all received 20th March 2012.

C 3. Prior to the commencement of works a method statement is required to be submitted to and agreed in writing by the Planning Authority in consultation with the Department of Environment, Food and Agriculture. This statement shall include full details of precautionary measures to be taken to protect the trees and tree roots within the site. Development shall not proceed subsequently except in strict accordance with the approved statement.

C 4. To avoid the disturbance of birds and their nests, tree felling/vegetation clearance is required to be undertaken between September and February inclusive. On ivy-covered trees, ivy covered trees, ivy should be cut at the base at least 3 weeks before felling to encourage any bats present to leave the tree. The applicant is reminded that it is an offence under the 1990 Wildlife Act to destroy birds, their eggs or nests that are in use. If any bats are found during the works the Department of Environment, Food and Agriculture are required to be contacted.

C 5. No development shall commence until the road layout approved under planning application 09/00464/B has been constructed to at least base course level.

C 6. No trees other than those shown to be removed shall be felled without the prior approval of the Planning Authority.

N 1. The applicant's attention is drawn to Condition 5 of planning application 09/00464/B which states:

"The permission shall not be implemented until a full application for the proposed dwellings, plus associated landscaping has been submitted to and approved by the Planning Authority."

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 11 June 2012

Determining officer (delete as appropriate)

Signed : ... Anthony Holmes Senior Planning Officer

Signed : ... Michael Gallagher Director of Planning and Building Control

Signed : ... Sarah Corlett Senior Planning Officer

Signed : ... Jennifer Chance Development Control Manager