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1.1 The application site forms the land adjacent to field 131049 which is a parcel of undeveloped land located along the western side of Vollan Crescent and north of Mooragh Promenade. The site has a total width of 129 metres with a depth of 42 metres. Whilst the front section of the site is relatively flat, with a ground level similar to the highway level; however, the site slopes significantly forming part of a continuous grass steeping hillside (Mooragh Park Brooghs) which runs from the north of the site to the south finishing within Mooragh Park.
2.1 The application seeks approval for the approval in principle for erection of two semi-detached dwellings. Indicative drawings submitted, do not show the precise positions of the dwellings on the site, but the drawings do show indicative floor plans and photomontages of three storey properties, with a contemporary design and finish. The submission also indicates that each dwelling would have two off road parking spaces.
2.2 The proposal indicates that almost half of the site would remain untouched to provide green space either side of the development.
3.1 The application site is within an area recognised as being an area of "Areas of open space or wood land - public open space" not zoned for development, under the Ramsey Local Plan Order 1998. The site is not within a Conservation Area.
3.2 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:-
3.3 Strategic Policy 2 states: "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."
3.4 Spatial Policy 2 states: "Outside Douglas development will be concentrated on the following Service Centres to provide regeneration and choice of location for housing, employment and services
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."
3.5 General Policy 3: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
3.6 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."
3.7 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."
3.8 Environment Policy 40 states: "Development will not be permitted which would damage, disturb or detract from an important archaeological site or an Ancient Monument or the setting thereof."
3.9 Ramsey Local Plan Policy R/E/P8 Wildlife Sites states: "There will be a general presumption against any development which would have an adverse effect or impact, and a presumption against either tree felling or grubbing out of hedgerows in the following areas: a) Ballure Glen; b) Greenlands Curragh; c) Sulby River Brooghs; d) Mooragh Park Brooghs; e) Poyll Dooey.
The following sites are identified as having special wildlife in accordance with the recommendations of the Manx Nature Conservation Trust: a) Ballure Glen; b) Greenlands Curragh; c) Sulby River Brooghs; d) Mooragh Park Brooghs; e) Poyll Dooey."
3.10 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 a 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."
4.1 The following planning applications are considered relevant in the assessment and determination of this application:
4.2 Approval in principle for the construction of twelve first time buyer units with associated parking / open space - Section Of Land Between Field Number 131049 And Vollan Crescent, Ramsey, 05/01981/A - refused on the following grounds:
"R 1. The application site is located within a wider area that is zoned as public open space under the Isle of Man (Ramsey Local Plan) (No. 2) Order 1998. As such, approval of the planning application would be contrary to the zoning of the local plan and result in a loss of public open space to the detriment of public amenity."
5.1 Ramsey Commissioners have refused the application on the grounds that:
"The site as indicated on the application is within an area which is zoned as Open Space within the Isle of Man (Ramsey Local Plan) (No 2) Order 1998. It is considered therefore that this application will be contrary to the zoning within the Local Plan and would result in a loss of open space.
Whilst acknowledging that the area generally is zoned as Open Space, the Commissioners consider that this area could be re-zoned to allow for development when the present Local Plan is revised."
5.2 Highways Division have no objection subject to the following conditions:-
"Visibility splays of 2 x 36 metres must be provided in each direction. Nothing must be planted, erected or allowed to remain within the visibility splay that exceeds or may exceed one metre in height. A vehicular turning area must be provided in order that a vehicle and access and egress in a forward gear.
The applicant shall contact the Network Operations Section of the Department of Infrastructure prior to carrying out any works within the highway, including the installation of dropped kerbs. Telephone 686665."
5.3 The Manx Utilities Authority - ELECTRICITY makes no comments on the merits of the application but has asked for informative notes to be attached to any planning approval.
5.4 Manx National Heritage have objected to the application which can be summarised as: site is zoned as open space, although applicant contends that it should be considered as infill due to the previous presence of building; General Policy 3 states that development will not be permitted outside those areas which are zoned for development, with on exception of previously development land; The site does not contain building which could be described as significant, the site is flanked on the west side by open space which is contiguous with Mooragh park and as currently designed will have gaps between it and the nearest houses to the north and south; To the south of the site is an area of archaeological remains and therefore increases the likelihood of archaeological remains will be found during any ground works; if the application is approved a condition should be attached requiring an archaeological watching brief be undertaken.
5.5 The owner/occupier of Whitestones, The Vollan, Ramsey have objected to the application which can be summarised as; concerns of the bank stability that may occur by the proximity of the proposed houses; detrimental visual impact and the area is not zoned for development.
6.1 Fundamentally, in terms of planning policy there is a long established presumption against new residential development on land not designated for development, either within the countryside or on land not designated for development under the relevant local plan. As identified earlier within the planning policy section of this report, this presumption against is set out in three different ways. Firstly, the application site is not zoned for residential development under the Ramsey Local Plan. Secondly, General Policy 3 of the Isle of Man Strategic Plan, states that in such areas new dwellings will generally not be permitted. Thirdly, the site is designated as being an area of public open space and Environment Policy 42 and Recreation Policy 2 indicate that 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 and such areas of open or green spaces which are to be preserved will be identified in Area Plans, as the Ramsey Local Plan has and therefore a refusal can also be legitimately made on that basis as well. It is considered the application site forms a nature break between the two small groups of historical dwellings and adds to the character of the area.
6.4 Within Spatial Policy 2 indicates that Ramsey should provide regeneration and choice of location for housing, employment and services, but the relevant 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. Whilst the site is identified within the settlement boundaries of Ramsey, the current area plan for Ramsey does not designated this site for residential development and therefore contrary to Spatial Policy 2. It should be noted there remains a number of significant sites designated for residential development under the Ramsey Local Plan, which have current extant planning approvals but have yet to be commenced/completed and therefore there still remains a number of sites which can provide a mixture of housing types within Ramsey.
6.5 Approval of such a scheme would set a significant precedent for similar types of development within existing settlements in the Isle of Man. The purpose of the planning system is to control the use and development of land in the public interest. That requires a consideration of what is most appropriate for the population of the island as a whole. The protection of the public open space from development and the presumption that new housing should be directed to locations consistent with the principles of sustainable development are two of the most important themes running through the Strategic Plan, the purpose of which is to establish a consistent framework within which the public interest can be served by the planning system. When making a planning decision that has permanent consequences (such as the erection of four dwellings as is proposed here) it is also essential to bear in mind that the development sought will endure long after the circumstances of the current applicant have ceased to exist. It is important; however that such development is controlled by the development plan process rather than as ad hoc decisions taken in isolation.
6.6 The Planning Authority has seeks guidance from the Department Of Environment, Food and Agriculture - Wildlife Division to see if there is any wildlife interest in the site. In response the Officer for the Wildlife Division indicates that the area is noted in the MWT Ramsey Wildlife Report as Land of High Wildlife Value and is shown as rich semi-improved grassland (1992). The vegetation clearly has coastal influence but having checked the target note from their survey, but they felt that it was not interesting enough to base a comment on that might halt a development. They advise that the Ramsey Local Plan doesn't seem to have Areas of Ecological Interest and recommend that the Wildlife Trust is contacted when the new area plan is undertaken for potential rezoning of sites. In conclusion they consider it would at least be nice to know that the 'broogh' above would be retained as a wild area and it would be a pity to lose these more diverse strips, but it wouldn't fit any ASSI criteria, in their view.
6.7 It is considered the site forms part of the Mooragh Park Brooghs which adds the character and appearance of the area. The Ramsey Policy Plan Policy R/E/P8 specifically deals with this area and states that in such areas there will be a general presumption against any
development which would have an adverse effect or impact, and a presumption against either tree felling or grubbing out of hedgerows in the following areas. The proposal would fail this policy given the level of built development and engineering operations which would require being undertaken, which would likely significantly affect the brooghs and significant affect the visual amenities of this section of the brooghs.
6.8 Manx National Heritage (MNH) raise that there may be archaeological interest in the site (a Fort to the south of the site). At this stage given there is no firm evidence that there could be archaeological interest on this site; therefore it is not considered the application should be refused in relation to this point, as MNH appear comfortable with a condition being attached to any approval.
7.1 It is considered that the proposal would be contrary with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007) and the Ramsey Local Plan Order 1998, and for the reasons set out in this report, it is recommended that the application be refused.
8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
The owner/occupier of Whitestones, The Vollan, Ramsey Manx National Heritage
8.3 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
The Manx Utilities Authority - ELECTRICITY
The reasons and notes (if any) related to the Department’s original refusal
R 1. The erection of four dwellings on the proposed site which is located within an area not designated for development would be contrary to established planning policies aimed at protecting areas of Public Open Space which this area forms part of. For these reasons the proposal would be contrary to General Policy 3 and Housing Policy 4 of the Isle of Man Strategic Plan.
R 2.
The erection of four dwellings on the proposed site would result in the removal of an open space, known as the Mooragh Park Brooghs, which currently adds to the character which also contribute to the visual amenity and sense of place of the particular area which loss would have a detrimental impact to public amenity. For these reasons the proposal would be contrary to Environment Policy 42 of the Isle of Man Strategic Plan and Policy R/E/P8 of the Ramsey Local Plan.
R 3.
The loss of public open amenity space would be contrary to Recreation Policy 2 of the Strategic Plan which preserves public open space in the interests of the residents or and visitors to the area.
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