Officer Report

Application No.: 25/90484/B Applicant: Mr Michael Weldon Proposal: Variation of Condition 4 of 23/00313/B proposing alternative construction materials Site Address: Jasmine 3 Auburn Place Lezayre Road Ramsey Isle Of Man IM8 2LP Planning Officer: Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.08.2025 _________________________________________________________________

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. The development hereby approved shall be carried out in full accordance with the revised scheme as informed by the Arboricultural Impact Assessment prepared by Manx Roots Limited (March 2023), including the amended approach to the garage ramp as described in Option 1 (Section 5.3.9.1) of that report, and thereafter retained.

This revised approach comprises a ramp constructed from reinforced concrete, incorporating low concrete block walls on either side, no higher than the ramp itself, with foundations no deeper than 250mm. It supersedes the previously approved Green Grid Systems Rootbridge 15kN method (Option 3).

Reason: To ensure that the development proceeds in accordance with the revised design approach, which has been formulated to safeguard retained trees and respond appropriately to site constraints, in accordance with General Policy 2(f).

• C 3. Prior to the commencement of any works relating to the construction of the ramp leading into the garage, a scaled plan shall be submitted to and approved in writing by the Department. The plan shall clearly indicate the form, size, design, and appearance of the ramp, including its position relative to the garage and adjacent trees.

The submitted details shall reflect the revised design approach described in Option 1 (Section

• 5.3.9.1) of the Arboricultural Impact Assessment prepared by Manx Roots Limited (March

2023) and shall supersede any earlier ramp details shown on previously approved plans. The development shall thereafter be carried out in full accordance with the approved plan and retained as such thereafter.

Reason: To ensure that the revised ramp is implemented in a manner that respects the site context and safeguards the health and stability of retained trees, in accordance with General Policy 2(f).

This application has been recommended for approval for the following reason.

The proposal is considered to comply with the relevant provisions of the Isle of Man Strategic Plan 2016, including General Policy 2, Environment Policies 3 and 42, and Strategic Policy 3b. The revised ramp design is modest in scale, visually unobtrusive, and appropriately located within a well-screened rear garden, resulting in no adverse impact on the character or appearance of the site or surrounding area. Subject to the imposition of appropriate conditions to secure implementation detail and safeguard retained trees, the application is considered acceptable in planning terms.

Plans/Drawings/Information; This approval relates to the following documents and plans: Plans

• o Site Plan, Floor Plan, and Elevations - 12 May 2025
• o Site and Location Plan - 12 May 2025
• o Foundation Plan and Cross Section - 12 May 2025
• o Tree Constraints Plan - 12 May 2025
• o Tree Impact Plan - 12 May 2025
• o Tree Protection Plan - 12 May 2025 Correspondence and Supporting Material
• o Planning Statement - 12 May 2025
• o Arboricultural Supervision and Monitoring Schedule - 12 May 2025
• o Email re Rootbridge System - 10 March 2025
• o Email to Seb Swithinbank - 17 March 2025
• o Letter to Ian McDermott (DEFA) - 25 March 2028
• o Email to and from Ian McDermott (DEFA) - 17 March 2025
• o Email from Charles Harrison (DEFA) to Andrew Igoea (Manx Roots) - 19 August 2024 Photographic Evidence
• o Photo - Front of Garage - 12 May 2025
• o Photo - Trees 1331 and 1332 (as at 09 May 2025) - 12 May 2025
• o Photo - Trees 1331 and 1333 - 12 May 2025 _________________________________________________________________

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: o Ramsey Town Commissioners - No Objection

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of Jasmine 3 Auburn Place, a two-storey semi-detached property sited on the northern side of Lezayre Road in Ramsey. To the rear of the property is a private garden which stretches by about 24m beyond the dwelling to the boundary with the neighbouring property to the north. There are mature landscaping on the boundary of the dwelling with 29 Bircham Avenue. A rear lane also connects the rear garden with Lezayre Road.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for Variation of Condition 4 of 23/00313/B proposing alternative construction materials, specifically to amend the requirement relating to the ramp leading into the approved garage. - 2.2 The current wording of Condition 4 requires the ramp to be constructed using the Green Grid Systems Rootbridge 15kN (Option 3, as set out in Section 5.3.9.3 of the Arboricultural Impact Assessment by Manx Roots Ltd, dated March 2023). The applicant proposes to replace this with Option 1 (Section 5.3.9.1 of the same report), which involves the ramp being constructed from reinforced concrete, with a small wall on either side constructed of concrete blocks, no higher than the ramp itself. The foundations for the ramp walls and the landward edge of the ramp would be no more than 250mm deep, thereby minimising potential impact on adjacent tree roots. - 2.3 All other elements of Condition 4, including the approved foundation design, cantilevered superstructure, and tree protection measures, remain unchanged and will continue to be implemented in full accordance with the approved documents. - 2.4 The garage has otherwise been constructed in compliance with Conditions 4 and 5, with the exception of the ramp, which is pending this proposed variation.

3.0 PLANNING POLICY - 3.1 Site Specific:

• 3.1.1 The site is located within an area designated as 'Predominantly Residential Use' under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998, and the site is not within a Conservation Area. There are no registered trees on site and the site is not within a Registered tree Area. The entire rear garden of the dwelling is within a high tidal flood risk zone.

3.2 The Ramsey Local Plan Written Statement (Planning Circular 2/99), has the following policies that are specifically relevant to the current site:

• 1. Policy R/R/P3: Infill/Backland Sites Within areas zoned for Predominantly Residential Use there will be a general presumption against the development of those sites which provide attractive natural "breathing" spaces between established residential buildings. These sites will often include trees, mature landscaping, or simply green space. Any possible development of such sites should form the subject of consultation with the Office of Planning prior to submission of any application".
• 2. Policy R/E/P3 Backland Development and Development in Grounds of Houses 7.20 There shall be a general presumption against backland development and development within grounds of large houses on those sites which are well landscaped within ample tree coverage".
• 3.3 In terms of strategic plan policy, the Isle of Man Strategic Plan contains the policies that are considered specifically material to the assessment of this current planning application:

• 1. General Policy 2 - General Development Considerations.

• 2. Paragraph 8.12.1 - General presumption in favour of extensions to existing properties (excluding Conservation Areas or Registered Buildings).
• 3. Strategic Policy 1 - Efficient use of land and resources.
• 4. Strategic Policy 4 - development proposals must protect or enhance the nature conservation and landscape quality of urban as well as rural areas.
• 5. Strategic Policy 5 - Design and visual impact.
• 6. Transport Policy 4 - Highway safety.
• 7. Transport Policy 7 - Parking considerations/standards for development.
• 8. Environment Policy 3 - Seeks to prevent unacceptable loss of or damage to woodland areas.
• 9. Environment Policy 4 - Protects biodiversity (including protected species and designated sites).
• 10. Environment Policy 5 - Mitigation against damage to or loss of habitats.
• 11. Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted.
• 12. Environment Policy 42 - character and need to adhere to local distinctiveness.

3.3 Area: AREA PLAN FOR THE NORTH AND WEST

• 3.3.1 It must be noted at the time of writing, the Draft Area Plan for the North and West is not formally adopted and is only, at this stage, a broad direction of how planning policy is reviewing the areas. Their proposals can still be challenged at a public enquiry where an inspector could reach a different opinion to the drafts. The final draft would also need to be ratified by COMIN. This means that the 1982 development plan remains the correct land use designation, and no material weight is given to the Draft Area Plan for the North and West.
• 4.0 OTHER MATERIAL CONSIDERATIONS

- 4.1 RESIDENTIAL DESIGN GUIDE (2021)

• 4.1.1 Whilst not adopted planning policy, DEFA's Residential Design Guide (2021) is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions." Section 3.1 refers to local distinctiveness and 7.0 deals with Impact on neighbouring properties are particularly relevant.

- 4.2 IOM BIODIVERSITY STRATEGY 2015 TO 2025

• 4.2.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.

- 4.3 THE MANUAL FOR MANX ROADS

4.3.1 Section B4: Access Layouts It states: "B.4.1 The general rule is one access point to and from a property. More than one access point increases the potential for traffic conflict. Applications for two access crossings to a single property or a second access point where one already exists require you to provide strong evidence that it will add significantly to highway safety.

B.4.2 For such applications to be considered, the applicant will need to show:

• o how a second access will add to the safety of the access arrangements
• o why such added safety cannot be achieved from a single access, or by improving or repositioning an existing access

- 5.0 PLANNING HISTORY

5.1 The site has been the subject of a single planning application which is considered to be materially relevant to the current application:

• 1. PA 23/00313/B for Erection of a detached single garage in the rear garden - Approved. Condition 4 of that approval stated the following:

"The development hereby approved shall be carried out strictly in accordance with the tree protection measures detailed in the Outline Tree Protection Plan (Drawing No. OTP-200422), Arboricultural Impact Assessment Report prepared by Manx Roots Limited, and dated 7 March 2023, and Planning Statement Relating to Sub-Structure of the Proposed Garage prepared by BB Consulting Engineers.

The garage sub-structure be constructed in the manner detailed in the A Planning Statement Relating to Sub-Structure of the Proposed Garage prepared by BB Consulting Engineers and as shown in drawing No. 22-117 - 01 rev A (Proposed Foundation Plan and Cross Section). No continuous strip footings; cantilevered superstructure towards western boundary; pad foundations to be orientated to limit shading of existing tree roots.

The proposal shall adhere to the use of heel-mesh metal grids supported by ground screws (Green Grid Systems Rootbridge, 15kN or equivalent) to construct the ramp from the lane to the finished floor level of the garage as outlined in the Arboricultural Impact Assessment.

Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality."

The current application seeks to vary condition for of this approval.

• 2. There are a number of planning applications for the erection of garages within the rear gardens of the neighbouring properties which are also considered to be materially relevant to the current application:

• 1. PA 85/00387/B for Demolition of existing outbuildings at rear and construction of garage, 10 Albion Terrace, Lezayre Road, Ramsey. APPROVED.
• 2. PA 87/04540/B for Erection of a garage at rear of 6 Albion Terrace, Lezayre Road, Ramsey. APPROVED.
• 3. PA 21/00531/GB for Alterations and erection of a rear garage (in association with 21/00532/CON). APPROVED.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 DOI Highways Division have not made any comments on the application although they were consulted on 15.05.2025.

6.2 DOI Flood Risk Management have not made any comments on the application although they were consulted on 15.05.2025.

6.3 DEFA Forestry has made the following comments regarding the application (21 May 2025):

• 1. They advise that they have undertaken a detailed review of the proposal to amend Condition 4 of the approval.
• 2. They note that extensive consultation has taken place with the applicant, including a site visit, and confirm that the current iteration of the proposal reflects those discussions. They express appreciation for the attention given to the discharge of tree protection measures.
• 3. They raise no objection to the proposed variation in its current form.

6.4 Ramsey Town Commissioners have no objection to the planning application (10 July 2025). - 6.5 No comments have been received from neighbouring properties.

- 7.0 ASSESSMENT

7.1 The main issues in the assessment of this application are:

• 1. Visual Impacts of the proposed works (GP2, EP 42 & STP 3b); and
• 2. Impacts on trees (GP2).

7.2 The proposal does not alter access arrangements or introduce any new access points. The ramp leads from a private rear lane into a private garage and does not raise any highway safety concerns. As such, no further assessments are to be made in this regard.

- 7.3 VISUAL IMPACT

• 7.3.1 The proposed variation relates solely to the construction method of the ramp leading into the approved garage. The ramp would be located at the rear of the property, accessed via a private lane, and would not be visible from Lezayre Road or other public viewpoints. The rear garden is well screened by mature landscaping and boundary treatments, which further limits visibility from neighbouring properties.

• 7.2.2 The revised ramp design, comprising reinforced concrete with low concrete block retaining walls, is modest in scale and would be read in the context of the existing garage and surrounding residential development. It is not considered to result in any adverse visual impact or harm to the character or appearance of the site or wider locality.
• 7.2.3 The proposal is therefore considered to comply with the relevant provisions of General Policy 2 (b), (c), (f), and (g), Environment Policy 42, and Strategic Policy 3b, which seek to ensure that development is appropriate in scale, design, and visual impact.
• 7.4 IMPACT ON TREES

• 7.4.1 The original approval (23/00313/B) included specific tree protection measures due to the proximity of mature trees. Condition 4 was imposed to safeguard root zones during construction. The current application proposes a change to the ramp design only, replacing the previously approved Green Grid Systems Rootbridge 15kN (Option 3) with a reinforced concrete ramp and shallow concrete block retaining walls (Option 1), with foundations no deeper than 250mm. DEFA Forestry has reviewed this approach, confirmed it reflects on-site discussions, and raised no objection.

• 7.4.2 However, no plan has been submitted to show the ramp's detailed scale, size, design, and appearance. While its general location can be interpreted from earlier plans, its proximity to sensitive tree zones makes it important that a scaled plan be provided, not only to demonstrate how the revised method would be implemented without harm, but also to ensure the development can be clearly interpreted and delivered as intended.
• 7.4.3 As DEFA supports the approach in principle, this detail can be secured by condition. Subject to this, the proposal remains compliant with General Policy 2(f).

- 8.0 CONCLUSION

8.1 Overall, the proposal is considered to comply with the relevant provisions of the Isle of Man Strategic Plan 2016, including General Policy 2, Environment Policies 3 and 42, and Strategic Policy 3b. It does not raise concerns in relation to visual impact, highway safety, or tree protection, subject to the imposition of appropriate conditions. The application is therefore considered acceptable in planning terms and is recommended for approval. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

9.5 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 the Right to Appeal.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Permitted Date: 05.08.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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