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Application No.: 09/00464/B Applicant: Mercury Construction Co Ltd Proposal: Residential estate layout of roadway and seven plots Site Address: Land Adjacent To Sherwood And Lhergy Vreck Crescent Road Ramsey Isle Of Man ### Considerations Case Officer: Mr Chris Balmer Expected Decision Level: Planning Committee ### Written Representations ### Consultations Consulttee: Highways Division Notes: Consulttee: Clerk To The Commissioners Notes: Objection - see correspondence. ## Office's Report The application is before the Planning Committee Members as the Ramsey Commissioners have objected to the application. ### Site The site represents an undeveloped site adjacent to Sherwood and Lhergy Vreck, Crescent Road, Ramsey which is located east of Crescent Road and north of The Crescent East. ### Department Policies The site has been zoned under the Ramsey Local Plan Order 1998 as being within an area of 'predominately residential'; the site is neither within a Conservation Area nor within an area zoned as High Landscape Value or Costal Value and Scenic Significance. - Isle of Man Strategic Plan 20th June 2007 - Ramsey Local Plan Order 1998 Due to the location, zoning and the proposed development the following planning policies need consideration:- "Strategic Policy 1: 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(1) 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(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." "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 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." "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." ## Planning History The following previous planning applications are considered relevant in the assessment and determination of this application: Approval in principle for the erection of dwellings, 2.5 acres of land east of the Crescent Road, Ramsey - 99/01045/A - REFUSED on the following grounds:- 1. "Whilst it is acknowledged that the site is suitable for residential use, a density of development similar to the western side of Crescent Road and south of Queens Drive as proposed would result in an over intensive use of the site that is out of keeping with the well spaced properties immediately adjoining the site and which would not respond to existing topography and tree coverage." Approval in principle for erection of 3 dwellings - 95/00054/A - APPROVED ### Proposal The application seeks approval for residential estate layout of roadway and seven plots. ### Reprsentations Ramsey Town Commissioners have objected which can be summarised as; vehicular access would be inadequate; turning area would be difficult to allow vehicles manoeuvring to leave in a forward direction; over intensive development; a density more in keeping with Queens Drive has previously been suggested as being more acceptable; and no details have been provided for drainage layout. Highways Division has no objection to the proposal. Wildlife \& Conservation Officer:- "There are trees and vegetation on this site which provide habitats for wildlife. We recommend that, should you give consent to this application, the developer should be reminded that it is an offence under the 1990 Wildlife Act to destroy birds, their eggs or nests that are in use. This means that it is best to avoid the bird nesting season for tree felling or clearance of vegetation when this is likely to disturb birds and their nests. If any bats are found during the work this Division should be contacted." The owners/occupiers of 31 Queens Valley, Ramsey, have commented on the application which can be summarised as; the application contains no detail how the existing boundary along the east of the site is to be treated; would want to ensure the existing wall/sod hedge is maintained; lack of detail relating to the height and design of the buildings; and only anecdotal evidence is provided on the quality if the trees to be removed. The owners/occupiers of Glen Hazel, Crescent Road, Ramsey, have accepted the need for the development but do have some objections to the application which can be summarised as; over development of the site; increase in vehicular traffic would increase disturbance and invade our privacy; and the removed trees should be replaced elsewhere within the site. Samson Design writes on behalf of the owners (Mr Maddrell) of the adjacent site (land to the rear of Maughold Lodge) have objected to the application which can be summarised as; lack of detail relating to the heights of the properties; insufficient parking for visitors; over intensive development given previous refusal; civil matters relating to boundary ownership; and insufficient information regarding foul and surface water drainage. The owner/occupier of the land to the rear of Maughold Lodge, has objected to the application which can be summarised as; over development of the site; would potential impact my resubmission for planning approval on the adjacent plot. The owners/occupiers of Woodlands, Walpole Drive, Ramsey, has objected to the application which can be summarised as; over development of the site; reduce the number of dwelling to conserve more trees; and concerns of impact of construction upon trees within their land. The owners/occupiers of Maughold Lodge, Claughbane Walk, Ramsey, has objected to the application which can be summarised as; concern that the proposed houses should not incorporate coal fires as Maughold Lodge sits high above the site. The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan, has commented to the application which can be summarised as; not opposed. The Authority has received no other private representations objecting to the application. ## Assessment The submitted application does include a road layout and seven plots. Also there are indicative dwellings sited within each plot which show the possible siting of the proposed dwelling. No details have been provided regarding the height or design of the dwellings; however, it has been indicated by the applicant that they envisage the dwellings would be two storeys in height. As stated previously, the site is within an area zoned as predominately residential use. Therefore the principle of residential use on the site is acceptable; however, consideration needs to be taken to ensure that seven plots could physical fit within the site, whilst providing adequate amenities (e.g. parking/turning provision, internal/external amenity space etc). A number of nearby sites have already benefited from planning approval for residential development. The most relevant applications are the two sites, located to the north of the site, which recently received approval for a total of 14 dwellings (07/01672/B \& 08/00965/B). These dwellings, especially the seven dwellings approved under 07/01672/B, had a much higher density, each dwelling on that site had a average of 415 sqm per plot, whilst the average per plot for the current submission would have 969 sqm . The seven dwellings permitted under 08/00965/B are also denser than this current application with an average of 476 sqm per plot. Additionally, dwellings (1930's) north of all these sites, along Queens Drive West, have 449sqm per plot and the newly constructed dwellings with in Queens Valley have an average of 867 sqm per plot. Additional consideration should be taken that the Isle of Man Strategic Plan has been adopted (June 2007). The previous applications on the site which are indicated within the history section of this report, were considered prior to the adoption of the Strategic Plan. As indicated within Strategic Policy 1, this policy requires development to ensure efficient use of sites and unused and under-used land and buildings. It also requires development being located so as to utilise existing and planned infrastructure, facilities and services. It is considered the application site would fall under this policy. Also, policies Housing Policy 4 and Strategic Policy 2 requires new housing to be located within existing towns and villages. The site is within the settlement of Ramsey, so consideration of these polices are relevant. As the application is only for plots and road layouts, we do not have detailed plans regarding the proposed dwellings, except an indicative layout of each dwelling, in relation to each plot. Therefore, it is not possible to give a full assessment on how each dwelling would impact upon the street scene or upon the residential amenities of the neighbouring properties. This matter would be determined at a further detailed application stage, which would give detailed drawings of the proposed dwellings. What can be considered is whether it is possible to provide seven dwellings, which could be accommodated within the site acceptable sized dwellings with adequate internal and external amenities, and provides at least two off road parking spaces. In this case, it is considered the proposed site could accommodate the requirements indicated. Overall, it is considered; given the Strategic Plan Policies, the density of development is substantially lower than any of the recently approved housing developments, and given each plot would be capable of providing a dwelling with adequate amenities without adversely affecting the neighbouring properties, the proposal would be acceptable. The proposal does involve the removal of a number of trees within the site. The applicant has submitted a letter to DAFF which states they have met an Officer from DAFF (Forestry Division) and through their discussions they have agreed that the trees to be removed are not of great quality and are at various stages of decay. The Authority has also met an Officer from the Forestry Division onsite to discuss. The applicant has indicated that it is their policy to plant neew trees around the boundaries of the sites, away from the dwellings. This is an agreed practice by the Forestry Division which prefers trees being planted away from dwellings, as through their experience they have had requests a few years later to remove those close to as the owners have had concerns of potential damage to their dwelling. A full landscaping scheme should be included with a further detailed application, which includes tree planting. The Wildlife and Conservation Division have commented on the application, and stated that any approval should include information reminding the applicant that it is an offence to destroy birds, eggs or nest that are use in the area. They have further commented that tree felling/vegetation clearance should be undertaken between September and February inclusive. On 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. A condition can be attached with regard to this information The applicant has also been in discussion with the Highway Division. It is proposed the existing lane to be paved to a width of 4.8 metres, but there will be an addition service strip (marked grey on plans) which has a width of 0.7 metres. This service strip will be paved a different colour, but will give a total width of 5.5 metres to enable better access for service vehicles etc. Additionally, the proposal includes a turning circle with a diameter of 19 metres which would be adequate for a refuse wagon. The Highway Division have no objection. RECOMMENDATION Overall, for the reasons indicated and as the proposal compiles with the relevant planning policies it is recommend the application for an approval. PARTY STATUS It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: 3 November 2009 Ramsey Town Commissioners Highways Division Wildlife \& Conservation Officer (DAFF) The owners/occupiers of 31 Queens Valley, Ramsey The owners/occupiers of Glen Hazel, Crescent Road, Ramsey The owners of the adjacent site the land to the rear of Maughold Lodge (Mr Maddrell) The owners/occupiers of Woodlands, Walpole Drive, Ramsey The owners/occupiers of Maughold Lodge, Claughbane Walk, Ramsey It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status: The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan ## Recommended Decision: Permitted Date of Recommendation: 02.11.2009
C 1 . The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2 . This approval relates to the residential estate layout of roadway and seven plots as proposed in the submitted documents and drawings 01, 02 and 03 received on 18th March 2009 and 25 June 2009.
C 3 . 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 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 Wildlife and Conservation Division (DAFF) are required to be contacted.
C 4 . Prior to the commencement of works, samples of the proposed paving to be used in the development must be submitted to and approved by the Planning Authority. The development shall be carried out in accordance with the approved details.
C 5 . 3 November 2009
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.
C 6. 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 Forestry Division (DAFF). This statement shall include full details of precautionary measures to be taken to protect the trees and tree rooots within the site. Development shall not proceed subsequently except in strict accordance with the approved statement.
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 : .............................................. Committee Meeting Date : ................................................. Signed : .............................................. Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
3 November 2009 09/00464/B Page 7 of 7
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