DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Applicant: Hartford Homes Proposal Creation of Public Open Space and footpath Site Address Land At Junction Of Fairway Drive And Claughbane Drive Ramsey Isle Of Man Case Officer : Mr Chris Balmer Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 20.02.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 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.

C 2. No development shall take place until full details of soft/hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft/hard landscaping works include details of new fencing and planting showing, type, size and position of each around the new hardstanding area. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the hardstanding. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species Reason: To ensure the provision of an appropriate landscape setting to the development.
C 3. Ecology Vannin's Management Recommendations as outlined within the submitted Planning Statement (page 5) shall be fully adhered to and maintained as such thereafter. Reason: in the interest of biodiversity of the site.
C 4. Prior to the commencement of any works to the hardstanding and footpaths, detailed drawings shall be submitted which demonstrates no surface water runoff onto the public highway would occur and this approved scheme shall be fully implemented with the approved details prior to the use of the site as Public Open Space and retained thereafter. Reason; In the interests of surface water run off

C 5. Prior to the commencement of any works to the hardstanding and footpaths, details of the bench to be installed shall be submitted and approved in writing by the Department and be installed prior to the use of the site as Public Open Space and retained thereafter. Reason: to provide an additional amenity provision within the site

This application has been recommended for approval for the following reason. The proposed works which seek approval and which fall outside the Permitted Development Order; namely the creation of Public Open Space, forming a hardstanding area (with landscaping/fencing around), making the existing informal footpath into a formal footpath and the installation of a bench, are all considered acceptable and would have no significant impacts upon public or private amenities and comply with GP2 and Recreation Policy 2.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 15.01.2024.

_______________________________________________________________ Interested Person Status – Additional Persons As outline planning approval for which is being considered relates to the;

o change of the site to Public Open Space;
o forming a hardstanding area;
o making the existing informal footpath into a formal footpath; and
o the installation of a bench. As outlined the provision of recycling bins on the site (whether on the hardstanding area or any
other part of the site) would fall under the Permitted Development Order and therefore not a matter under consideration. The representations received relate to a number of concerns, particularly the provision of recycling bins/the use of the site for recycling and the potential noise/vermin and highway issues relating to persons using the recycling provision. However, these are not material planning considerations that can be considered by this planning application as the recycling element of the proposal and the potential impacts of such use, can be approved under the Permitted Development Order and are not being considered as part of this planning application. It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
o Arbory, 3 Brookfield Terrace, Ramsey
o The Holly, 4 Brookfield Terrace, Ramsey
o Pendle, 5 Brookfield Avenue, Ramsey
o 13 Fairways Drive, Ramsey
o 21 Fairways Drive, Ramsey
o 11 Fairways Drive, Ramsey
o 6 Claughbane Drive, Ramsey

Are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B

of the Policy and as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy.
o 3 Kneale Court, Claughbane Drive, Ramsey
o Flat 1, Pavilion Apartments Block A, Fairway Drive, Ramsey
o 1 Kneale Court, Claughbane Drive, Ramsey
o Flat 6, Pavilion Apartments Block A, Fairway Drive, Ramsey

o On Behalf Of Greenside Apartments Limited, Flat 3, Greenside Court, Brookfield Avenue, Ramsey
o Kwinana, 3 Brookfield Avenue, Ramsey
o Flat 10, Pavilion Apartments Block B, Fairway Drive
o Flat 11, Pavilion Apartments Block B, Fairway Drive

As they do not refer to the relevant issues in accordance with paragraph 2C of the Policy. ________________________________________________________________

Officer’s Report

THE APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE GIVEN THE NUMBER OF OBJECTION RECEIVED, BUT IS RECOMMENDED FOR APPROVAL.

1.0 THE APPLICATION SITE - 1.1 The application site is a parcel of land located on a corner plot located to the northwest of the junction of Fairway Drive and Claughbane Drive within Ramsey. - 1.2 The site is to the east of the 'Pavilions', which is comprises of two blocks of residential apartments. To the north of the site is Greenside Court which is a single building comprises of eight residential apartments. To the east and south of the site are individual dwellings. - 1.3 The site fronts directly onto the public footpaths along Fairway Drive and Claughbane Drive, where the land is generally level with the footpath. However, the site does slope from the central part of the site to the north western corner of the site. The site has been landscaped in the past, especially to the norther/wester parts of the site and an informal footpath has been created which runs thru from Brookfield Crescent to Fairway Drive.

2.0 PLANNING HISTORY - 2.1 The application site and adjoining land has been the subject of a number of previous planning applications that have resulted in the erection of residential apartments on the adjoining land (formally Nrs 1 and 2 Fairway Drive) and the planting of trees on the application site which has been retained as open space; albeit not public open space. Of these previous planning applications it is considered specifically material to the assessment of this current planning application: - 2.2 Planning application 00/00826/C sought approval for the change of use of open space to garden of 1 Fairway Drive. This was approved before the development of Nrs 1 and 2 Fairway Drive which essentially made way for the 'Pavilions' apartment buildings that are in place today. Condition no. 3 of the approval of 00/00826/C stated: "No approval is granted to the erection of any structures on the site (including walls and fences)." - 2.3 Planning application 01/884/B sought approval for the erection of two apartment blocks housing 15 apartments on the 'Pavilions' site (i.e. formally Nrs 1 and 2 Fairway Drive). Following this initial approval a subsequent application 03/1745/B sought approval for the elevational amendments to the two apartment blocks, previously approved through PA

01/884/B. Both application resulted in the current application site being open space/landscaped area.

2.4 Planning application 08/00051/R sought approval for the erection of a fence around the boundaries of the application site. This was refused for the following grounds;

"R 1. By reason of its extent and appearance the visual impact of the fencing on the surrounding properties and overall townscape is unacceptable. As such the development is contrary to the provisions of General Policy 2 of the Isle of Man Strategic Plan 2007.

R 2. By reason of its extent, positioning and size the fencing would unacceptable reduce visibility for vehicles turning out of Fairway Drive onto Claughbane Drive. As such the development would be contrary to the interests of highway safety and therefore General Policy 2 of the Isle of Man Strategic Plan 2007.
R 3. By reason that the fencing would change the appearance of the application site and effectively prevent general access or use of the application site it is concluded that the development is inappropriate and therefore contrary to the provisions of Recreation Policy 2 of the Isle of Man Strategic Plan 2007."

2.5 Planning application 09/01153/B sought approval for the erection of a block of 12 garage units with landscaping and screening. This was refused on the following grounds;

"R 1. It is considered that the piece of land referred to in this application creates a "breathing space", the development of which would remove an area of open space which was included in the original layouts for the apartment development, and contributes to the visual amenity and openness of the street scene and provides for garden/amenities for adjacent residents. The loss of this land would result in a loss of open space to the detriment of current residents of the area, therefore would be contrary to Policy R/R/P3 of the Ramsey Local Plan (Planning Circular 2/99), Environment Policy 42 and General Policy 2 of the Isle of Man Strategic Plan (June 2007)."

3.0 THE PROPOSAL - 3.1 Full planning approval is now sought for the creation of Public Open Space and footpath. - 3.2 In terms of the reasoning and what is proposed the applicant's state; "To formalise the public access to the area, the applicant approached Ramsey Town Commissioners to see if they would consider adopted the area and maintaining it as part of their portfolio of public open space throughout the town. This proposal was tabled with the commissioners and was accepted subject to some elements of additional works being undertaken. This planning application is seeking approval for the elements of work which the Commissioners have requested, namely:

o Installing a 2m wide footpath, which formalises an existing track,
o Providing a bench seat partially along the footpath.
o Installing a hardstanding for recycling bins
o Forming a section of drop kerbing to allow recycling bins to be collected."

- 4.0 PLANNING POLICY

4.1 In terms of land use planning the application site is not designated for any site specific purpose and is located within a wider area of land designated as predominantly residential under the Ramsey Local Plan Order 1998. There are no policies within Planning Circular 2/99, which constitutes the written statement to be read in conjunction with the local plan, that are considered specifically material to the assessment of this current planning application. - 4.2 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: - 4.3 General Policy 2 states: "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."

4.4 Recreation Policy 2 states: "Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances:

(a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and
(b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area."

4.5 Climate Change Act 2021 - "AN ACT to set a target year of 2050 and to make provision for the setting of interim targets for the reduction of greenhouse gas emissions; to make provision about the mitigation of climate change and the enhancement of natural carbon storage; to impose climate change duties on public bodies; to make provision for energy generation and energy use and for the reduction and recycling of waste; and for connected purposes."

4.5.1 The Act has received Royal Assent (14th December 2021) but has not yet had an appointed day order and therefore has not yet been adopted. However, it gives a clear direction steer on matters relating to Climate Change and how the IOM will adopt to meet the aims to reduce greenhouse gas emissions. In this case it is important to note that "recycling of waste" form part of the aims.

4.6 TOWN AND COUNTRY PLANNING (PERMITTED DEVELOPMENT) ORDER 2012 - "Class 12 Street furniture Operations by or on behalf of a public body consisting of the erection or construction, or the maintenance, improvement or other alteration, in a highway or other road or any public place of any of the following structures

(a) lamp standards;
(b) information kiosks;
(c) public shelters;
(d) public seats;
(e) traffic signs;
(f) signposts;
(g) public drinking fountains;
(h) refuse bins or baskets;
(i) raised paving, pillars, walls, rails, fences and barriers for safeguarding persons using the highway.

In this Class "traffic sign" has the same meaning as in section 15(1) of the Road Traffic Regulation Act 1985"

5.0 REPRESENTATIONS - 5.1 Highway Services (DOI) comment (); "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking due to the attraction of local trips likely to come by non-motorised travel. A S109 highway agreement will be required for the proposed dropped kerb for the bins access." - 5.2 Highways Drainage (DOI) comment (22.01.24); "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.

Recommendation: The applicant should demonstrate compliance with the clauses above as there are no details of levels in relation to the highway in the application?"

5.3 Ecosystem Policy Officer (DEFA) comments (06.02.24); "The Ecosystem Policy Team are very supportive of this application, which, if managed in line with Ecology Vannin's Management Recommendations, contained on page 5 of Hartford Home's Planning Statement, should provide a space for wildlife to thrive as well as a space that can be enjoyed and appreciated by the local population.

In order to ensure the ecology of the area is maintained and enhanced the Ecosystem Policy Team recommend that a condition is secured for the area to be managed in line with Ecology Vannin's Management Recommendations."

5.4 Written representations objecting to the application have been received from the following properties. It should be noted the majority if not all have no objection of the land being used as Public Open Space, rather concerns of the recycling area element of the proposal. Full details of the submission can be viewed via the planning on-line website.

Arbory, 3 Brookfield Terrace, Ramsey (27.01.2024);

o On Behalf Of Greenside Apartments Limited, Flat 3, Greenside Court, Brookfield Avenue, Ramsey (02.02.24);
o Flat 6, Pavilion Apartments Block A, Fairway Drive, Ramsey (05.02.24);
o Flat 1, Pavilion Apartments Block A, Fairway Drive, Ramsey (29.01.24);
o 1 Kneale Court, Claughbane Drive, Ramsey (01.02.24);
o 3 Kneale Court, Claughbane Drive, Ramsey (28.01.2024);
o The Holly, 4 Brookfield Terrace, Ramsey (06.02.24);
o Pendle, 5 Brookfield Avenue, Ramsey (05.02.24);
o Kwinana, 3 Brookfield Avenue, Ramsey (16.02.24);
o 13 Fairways Drive, Ramsey (15.02.2024);
o 21 Fairways Drive, Ramsey (13.02.2024);
o Dormy, 11 Fairways Drive, Ramsey (13.02.2024);
o 6 Claughbane Drive, Ramsey (12.02.2024); and
o Flat 10, Pavilion Apartments Block B, Fairway Drive (13.02.2024).

5.5 Summarised comments of the objections are listed below;

o Strongly object to the installation of a hardstanding for recycling bins together with a dropped kerb to allow bins to be collected;
o Recycling station would be totally inappropriate for this situation
o Recycling bins could attract vermin;
o Recycling bins could impact wildlife within the site;
o No consultation with local residents;

o Highway safety concerns due to parking created by the recycling provision;
o No evidence for the need of a recycling hub;
o A recycling hub is totally inappropriate for a predominately residential area;
o Ramsey is already well catered for recycling at Station Road (Shoprite car park) and at the Civic Amenity site (Bride Road);
o The noise and debris from the bottle banks crashing spilling and smashing all hours will be very loud;
o Danger from broken glass;
o There are vehicles parked along both sides of the road so that there is only room for
one car to travel in any direction at any one time as it is;
o Four dwellings opposite the site are not shown on plans;
o It seems counterintuitive that Hartford have employed people to give best advice in how to create a wildlife haven and then when they have gone to the Commissioners with the project have decided to add a storage area for bins in the middle of what they describe as an oasis;
o detrimental to the residents enjoyment of their environment and property and bring with it problems of vermin infestation, noise, parking issues and litter pollution;
o No provision for any lay-by;
o Ramsey Commissioners could use the swimming pool car for recycling purposes instead;
o Increase in volume of traffic in area;
o Concerns site will become unsightly as is the case at the recycling area at Shoprite car park;
o Noise generated by emptying the bins;
o This area of Claughbane Drive regularly floods;
o Concerns of large lorries travelling past my home to empty bins;
o Possible devalue of properties in and around the area of the recycling;
o Taking up a plot in a Bio diversity area rubbish bins seems odd to me as Rubbish is bound to be dropped in the friendly wild flower area;
o No provision of dog foul receptacles;
o Apartments overlook the site and will impact our peaceful enjoyment of our property;
o The proposal site is the last remaining of these green spaces and now that the trees have matured it has created a pleasing entrance to Claughbane;
o It is unlikely that siting these bins here would increase recycling;
o The pictures used in the applicant's letter do not reflect the current level of parking in the area, particularly at weekends when most people would take their rubbish to the recycling bins;
o The Ecology Vannin report does not recommend a tarmac footpath but suggests a mown grass strip to provide a walkway through the area; and
o As a local resident I am happy to take recycling to the existing facilities as do our neighbours.

- 6.0 ASSESSMENT

6.1 The main issues to be considered in the assessment of this application are; the principle of the proposed uses on the site, the potential impact of the proposed development upon the visual amenities of the street scene; the potential impacts upon neighbouring amenities; highway safety matters; and biodiversity matters.

6.2 The principle of the proposed uses on the site

6.2.1 In terms of using the site from private open space to public open space, raise no concerns and will be of benefit for residents especially in the immediate area. It is also noted that a number of person objecting to the application did support the principle of the site being used as Public Open Space.
6.2.2 Cleanly the main concerns of the application centres on the proposed hardstanding, which in turn provides provision for recycling bins on the site. This hardstanding area measures

4m x 3m (12sqm). It should be noted the dropping of the kerb does not require planning

approval as this responsibility is of Department of Infrastructure. Therefore this element does not form part of the planning application.

6.2.3 Furthermore, as outlined under the Permitted Development Order, once the site has been adopted by the Local Authority (who are defined as a public body) they are able to undertake a number of works in the site, including; "refuse bins or baskets". Accordingly this is why the application is not seeking permission for the physical bins onsite as the Permitted Development Order already allows them on site. The Order does not define a size, design or type of; "refuse bins or baskets"; and the Department has previously taken the stance that the provision of recycling bins fall within this Permitted Development Order. One example being Sea Cliff Road in Onchan, where the Local Authority installed a number of recycling bins without the need for planning permission. Where the application be approved and the site transfer to public ownership, the Local Authority could place the recycling bins on the existing grassed areas adjacent to the public footpath in a similar location to where the hardstanding is being proposed.
6.2.4 The Department did enquiry following the submission of the application, including for the hardstanding area and concerns of local residents in terms of why this site was chosen and the need, as justification for the hardstanding was still needed. The applicants commented (13.02.24);

"Hartford Homes have been working with Ramsey Town Commissioners to create the Public Open Space in this planning application.

I asked for the inclusion of an area for recycling as we need as a nation to increase recycling rates and commit to our net zero targets.

In order to increase recycling rates, it needs to be easy and straightforward for people to recycle. This location on the one way into and out of the Claughbane housing estate means that people have to pass it as they go into and come out of the estate. This site was chosen with 10 other potential sites across Ramsey where there is an open space and people are "funnelled" past the area.

The plan is to have a number of recycling points across Ramsey making it easy and straightforward for people to recycle.

The current plan is for one additional recycling point to be introduced in 2024-25 in Ramsey but it is not planned to be in this location.

The frequency of emptying the receptacle will be dependant upon use, as they need to be emptied on a regular basis to ensure that the are never over full as this is when litter and mess are created.

The plan for this site would be for paper, glass, cans and possibly plastic bottles but this could vary and could in the future include cardboard. Glass still forms a significant part of the waste stream, and it would be ideal to recycle it at this location.

Ramsey Town Commissioners are very keen that this area is as pleasant as possible and appropriate planting could be used to aid in the screening of the recycling area. A 4 foot high timber fence should be installed prior to the recycling station becoming operational to allow any planting to mature.

There is only the Station Road Car Park recycling area in Ramsey and the Northern Civic Amenity site in Lezayre."

6.2.4 As outlined by the applicants and the Climate Change Act there is an overarching aim by the IOM Government (all public bodies) to increase recycling rates and commit to our net zero targets. It is a reasonable argument that is accepted, that the greater number of recycling stations in convenient locations near to the source of the recycling waste i.e. residential properties, will only likely increase the level of recycling to an area.
6.2.5 It is noted that currently within the settlement of Ramsey, there is only a single recycling station, that being at Shoprite Car Park. An additional one can be found at the northern Civic Amenity Site which is approximately 3km from the centre of Ramsey, within the Parish of Lezayre. For comparison Douglas has eight recycling stations, Peel has five, Port Erin has four, and Castletown has three (figures taken from "recylenow" website). Accordingly, given Ramsey is the second largest town on the Island there does appear to be a under provision of recycling stations within its boundaries, this is compared to other settlements listed. Accordingly, as outlined by the Commissioners, they are trying to address this and meet the aims of the Climate Change Act by providing additional recycling stations.
6.2.6 Accordingly, in terms of the principle of the creation of a hardstanding area of 12sqm within the proposed Public Open Space, for the provision of a recycling storage, it is considered an acceptable use in terms of land use. Further, the principle of the use of the majority of the site for Public Open Space would be of benefit overall for local residents and should be supported.

6.3 The potential impact of the proposed development upon the visual amenities of the street scene

6.3.1 Again the majority of the works proposed raise no concerns and would be of benefit to the site and the street scene. The main issues again centres of the hardstanding. Again it needs to be noted that this application does not consider the provision of the bins on the site and/or there appearance.
6.3.2 Since the initial submission the applicants have indicated they would be happy for a condition to be added for 4ft (1.2m) fencing around the hardstanding and landscaping planted around to reduce the visual impact. It is considered this landscaping/fencing would be apparent given the relative small scale nature of it in relation to the rest of the site. It is not considered the proposal would have a significant detrimental impact within the street scene to warrant a refusal. Furthermore, the hardstanding itself will not have a significant visual impact given its low level form of development.

6.4 The potential impacts upon neighbouring amenities

6.4.1 In terms of impact neighbouring amenities, the majority of the concerns raised by local residents relates to the physical bins being storage on the site and the impact upon residential amenities by glass being emptied into the recycling bins and then collected by the recycling wagon and the noise this will cause and vermin may be attracted to the bins. However; while the concerns are reasonable, the bins are not a matter for this planning application to consider, for the reason outlined previously. A Local Authority can install bins on any public land or highway they wish. As outlined previously, once the land is transfer to public ownership the applicants could place the recycling bins on the grass verges of the site, without the need for any hardstanding if they so wished under the provision of the Permitted Development Order.
6.4.2 For information the hardstanding area would be located approximately;

o Between 17.5m and 40m from Nrs 1 to 4 Kneale Court, Claughbane Drive, to the east;
o A minimum distance of 23.5m from the southern elevation of Greenside Court which is to the northwest;
o A minimum distance of 35.5m from the east elevation of "The Pavilions" (northern most block) which is to the west;
o 57m from Nr 2 Claughbane Drive to the southeast; and
o 75m from Nr 1 Claughbane Drive to the southwest.

6.4.3 Overall, the use of the site as Public Open Space and for the proposals which are under consideration for this application, are not considered to have any significant impacts upon residential amenities to warrant a refusal.

6.5 Highway safety matters

6.5.1 In relation to the works under consideration for this planning application which fall outside the Permitted Development Order or fall under other Highway Legislation, it is noted that Highway Services have considered the application and the potential highway safety matters and raised no objection. Accordingly, being the experts in these matters the Department is comfortable that the proposal would not have any adverse impacts upon highway safety.

6.6 Biodiversity matters.

6.6.1 The works do not proposal to alter at the majority of the site, with the existing landscaping/tree planting being retained and unaltered. The Ecosystem Policy Officer has considered the application and raised no concerns, subject to the Ecology Vannin's Management Recommendations being undertaken. This can be conditioned.

6.7 Other Matters

6.7.1 In relation to the comment from Highway Services Drainage (DOI) the applicants comment;

"I can confirm the following:

o The proposed footpath will be chambered to drain directly to the soft landscaping either side, so will not impact on highway drainage.
o The proposed hardstanding for the recycling area will be chambered to drain directly to the soft landscaping within which it is set, so will not impact on highway drainage."

6.7.2 It is considered that the scheme can be implemented without resulting in any surface water runoff onto the highway. A condition could be attached which seeks additional details.

- 7.0 CONCLUSION

7.1 Overall, the proposed works which are sought for approval and which fall outside the Permitted Development Order, namely the creation of Public Open Space, former a hardstanding area (with landscaping around), making the existing informal footpath into a more formal footpath and the installation of a bench are all considered acceptable and would have no significant impacts upon public or private amenities and comply with GP2 and Recreation Policy 2. - 7.2 It is recommended the planning application is approved.

- 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

(a) the applicant (including an agent acting on their behalf);
(b) any Government Department that has made written representations that the Department considers material;
(c) the Highways Division of the Department of Infrastructure;
(d) Manx National Heritage where it has made written representations that the Department considers material;
(e) Manx Utilities where it has made written representations that the Department considers material;
(f) the local authority in whose district the land the subject of the application is situated; and
(g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 above who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : …Permitted……….... Committee Meeting Date:…26.02.2024

Signed :…………C BALMER……….. 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.

PLANNING COMMITTEE DECISION 26.02.2024

Application No 24/00033/B Applicant Hartford Homes Proposal Creation of Public Open Space and footpath Site Address Land At Junction Of Fairway Drive And

Claughbane Drive Ramsey Isle Of Man Principal Planner Mr Chris Balmer Presenting Officer As above

Addendum to the Officer Report

The Planning Committee accepted the recommendation and approved the application. However, they considered the following persons should be extended Interested Person Status as they were considered to have interest in the subject matter of the application sufficient to take part in any subsequent proceedings but are not mentioned in Article 4(2):

o 3 Kneale Court, Claughbane Drive, Ramsey
o Flat 1, Pavilion Apartments Block A, Fairway Drive, Ramsey
o 1 Kneale Court, Claughbane Drive, Ramsey
o Flat 6, Pavilion Apartments Block A, Fairway Drive, Ramsey
o On Behalf Of Greenside Apartments Limited, Flat 3, Greenside Court, Brookfield Avenue, Ramsey
o Kwinana, 3 Brookfield Avenue, Ramsey
o Flat 10, Pavilion Apartments Block B, Fairway Drive
o Flat 11, Pavilion Apartments Block B, Fairway Drive

DEC Officer Report

Source & Provenance