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Application No.: 09/01153/B Applicant: Hartford Homes Proposal: Erection of a block of 12 garage units with landscaping and screening Site Address: - The Pavilions - 1 - 3 Fairway Drive - Ramsey - Isle Of Man - IM8 2BA ### Considerations Case Officer: Mr. Chris Balmer Photo Taken: 03/09/09 Site Visit: 03/09/09 Expected Decision Level: Senior Planning Officer ### Written Representations - Dormy 11 Fairway Drive Ramsey Isle Of Man | Objects to the proposal - Greenside Apartments Limited 8 Greenside Court | Objects to the proposal - Brookfield Terrace Ramsey | Objects to the proposal - Lower Glentramman Farm Garey Road Lezayre Isle Of Man | Interest expressed - 13 Fairway Drive Ramsey Isle Of Man IM8 2BA | Objects to the proposal ### Consultations Consultee: Manx Electricity Authority Notes: Comments received Consultee: Highways Division Notes: Consultee: Clerk To The Commissioners Notes:** Objection - the land is zoned as public open space and any development would be in breach of the conditions on convenanted land.
SITE
The site represents a parcel of undeveloped land adjacent to The Pavilions, 1 - 3 Fairway Drive, Ramsey, located on the western side of Claughbane Drive and north of Fairway Drive.
The application site is within an area recognised as being an area of "Predominately Residential", under the Ramsey Local Plan. The site is not within a Conservation Area.
The following policies are therefore considered relevant in the consideration of this application:
The following previous planning applications are considered relevant in the assessment and determination of this application:
Erection of a fence - 08/00051/R - APPROVED at appeal Retention of access, rearrangement of car parking spaces and revised boundary details - 07/01320/R - APPROVED
Revised layout for temporary site compound area, site delivery access and provision of sales area and associated parking area - 06/00839/B - APPROVED
Erection of signage - 05/92339/D - APPROVED Creation of a temporary compound area and site staff parking area - 05/92338/B - APPROVED Elevational amendments to approved two apartment blocks housing fifteen apartments (01/00884B) 03/01745/B - APPROVED
Approval in principle for erection of six houses - 01/02334/A - REFUSED Erection of two apartment blocks housing 15 apartments - 01/00884/B - APPROVED Approval in principle for erection of seven houses - 01/00402/A - REFUSED Change of use of open space to garden - 00/00826/C - APPROVED Erection of two apartment blocks housing 15 apartments - 00/00827/B - REFUSED Approval in principle for erection of two apartment blocks to replace two houses - 99/00393/A APPROVED
PROPOSAL The application seeks approval for the erection of a block of 12 garage units with landscaping and screening.
The proposal would create a single storey, flat roof garage block, which would have a horse shoe shaped appearance, to accommodate a total of 12 garage units (single bay). The elevational finishes of the block are proposed to be in a timber cladding system. The garage block would have a maximum width of 27.3 metres, maximum depth of 20.1 metres and a height of 2.9 metres.
It is proposed to use the contours of the land, and set the block below road level, as well as to implement a landscaping scheme.
Further to this the applicant is proposing to create a footpath and seating area, open to members of the public to the south east corner of the site.
The Ramsey Commissioners:- "Objection - the land is zoned as public open space and any development would be in breach of the conditions on covenanted land."
Department of Transport Highways Division:- "No objection" The Manx Electricity Authority makes no comment on the merit of the proposed development but requests that an informative note be attached to any approval decision notice.
The owners/occupiers of 13 Fairways Drive, Ramsey, have objected to the application on grounds which can be summarised as: drainage concerns that will be exacerbated if the proposal is approved; the landscaping scheme is inadequate; and no details have been included which deals with the continued maintenance of the public open space.
The owners/occupiers of Lower Glentramman Farm, Garey Road, Lezayre, have commented to the application on grounds which can be summarised as: when I sold the land to the Government a covenant was included which stated no building could be undertaken on the site.
The Secretary of the Management Committee of the Greenside Apartment has objected to the application on grounds which can be summarised as: there are three covenants which would prevent development; the site was original an area of mature landscaping, this was removed and replaced with20 small trees, some of which are dead; the garage units should have been provided within the apartment site; the applicant has the ability to make the existing site attractive; concerns on how long the site would look like the landscaping pictures; and the previous appeal inspector commented that no development should take place within the application site.
The owner/occupier of Dormy, 11 Fairways Drive, Ramsey, has objected to the application on grounds which can be summarised as: the existing site has been left to grow wild by the applicant for two years; proposal appears as a industrial unit and would be very intrusive to the landscape; concerns of garages opening and closing; and the applicant should have considered the lack of garaging previously.
Due to the zoning of the site the following policies are relevant for consideration:- "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:
The Ramsey Local Plan - Policy R/R/P3, which relates to the development of infill and back land sites, states:- "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 site should form the subject of consultation with the Office of Planning prior to the submission of any application."
The main issues to consider are what impact the proposed garage block with associate landscaping would have on an area of open space, whether there would be an adverse impact upon the visual appearance of the area; and the loss of garden / recreational / amenity space for the residents of the Pavilions.
Although not specifically designated as open space under the Ramsey Local Plan Order 1998 the application site clearly forms an open green breathing space within the area. This view has been accepted during the entire planning history of the adjacent apartment blocks by the developers of the site and Planning Authority.
The site was sold by the Government to the then owner of 1 Fairway Drive. They subsequently submitted a change of use application for the land to be used as a private garden. This was approved under application 00/00826/C. 1 Fairway Drive was subsequently demolished to make way for the development of the apartments permitted under application 01/00884/B. This area of land was not included in the application for the erection of the apartments, although it was outlined in blue, indicating it was within the ownership of the applicant. However, the permission for the flats did require the area to be landscaped. As such the 'use' remains as garden land, as per the 00/00826/C planning permission.
All planning applications have indicated the application site to be retained as green space to be landscaped and maintained. Currently the site is overgrown, and with the exception of planting around the boundaries of the site and some small scale tree planting in accordance with a planning condition, the site would not appear to be maintained as proposed in previous applications.
The application will be judged on the potential visual impact of the development and the loss of open amenity space. It is noted that the existing site does not appear as attractive as it could be, which would seem to be due to the lack of maintenance. The maintenance of the site will not influence the recommendation, as it is considered the existing appearance can easily be reversed to appear as a
proper landscaped area, as indicated by the applicants previously, to the benefit of both public and private visual amenities.
The applicant has indicated that the reasoning behind the application is due to a lack of covered parking and the need to storage bulk items. It should be noted that each of the apartments (15) already have parking provisions provided within the apartment site, due to the 26 spaces.
It is important at this stage to indicate the importance of this open space, which was indicated when the decisions for the adjacent apartment blocks were considered and approved.
The Planning Inspector who considered the originally approval in principle application for apartments (99/00393/A) stated:- "Of particular concern is the potential visual impact of the proposed apartments. However while insensitive development could be damaging, apartments need not be so if carefully designed and controlled. In this case the block nearest the road would be two storey and thus comparable with the existing dwellings. The side view from the east might be more obvious but the low ground level and appropriate landscaping could minimise its impact. In any event that impact would be reduced since it would be viewed across the existing open space."
The Inspector went on to state:- "Regarding need it may be that the provision of good quality apartments in properly landscaped grounds could eventually be seen by local residents as an asset in this attractive location."
It is evident from these comments, that when the Inspector made his recommendation to the Minister of the time, that the open space provided by the application site would provide an attractive buffer between the public highway. Therefore, this was a major reason why a three storey apartment block would be acceptable upon the visual amenities of the area.
Further to this, the Appeals Inspector who considered the detailed application (01/00884/B) for the erection of two apartment blocks commented that:- "Having examined the proposals I do not agree with the objectors that the number of apartments and density of the development represents over intensification in the use of the site. I judge the footprints of the buildings and the massing of the development are within the bounds of acceptability. I do not accept the development will have an unacceptable impact on the street scene, or detract from the appearance of the adjacent open areas. I agree with the applicant that the view of Block "A" from fairway Drive will appear reasonably compatible with the existing development in the vicinity. However, the willow trees to be retained facing Claughbane Drive on land shown as being in the control of the applicant will be valuable in assimilating the eastern flanks of the buildings into the streetscape. As such it is important that they be retained and also that they should be protected during the construction phase."
Again reference is made by the inspector the importance of the retention of the willow trees and consequent the open space. A condition was also attached for the trees and vegetation to be retained and protected within the site during construction. A further landscaping condition was also attached for the site.
The proposal has been carefully designed to fit with the needs of the applicant, whilst reducing the appearance of the proposal by using the contours of the site and with appropriate landscaping to help provide a natural buffer between the proposed development and the public highways.
Added to this, the applicant has proposed to provide an area of open space open to members of the public, by providing a public footpath and a seating area in the south-eastern corner of the application site. Additionally, it is proposed to provide bus stop seating along Claughbane Drive.
In terms of the visual impact of the proposal, due to the contours of the land and the flat roofed nature of the garage block, when viewing directly from the west of the site, the roof level would be approximately 0.7 metres above the ground level of Claughbane Drive.
However, the application proposes to introduce banked earth along the eastern, southeast and southern boundaries of the garage block, to the same level of the roof height of the garaging.
Added to this, the proposal includes the planting the following trees and shrubs to surround the garage block:-
All existing trees within the site would be removed to make way for the development. In terms of the loss of the open space/green space there are two policies to considered, Environment Policy 42 of the Isle of Man Strategic Plan and The Ramsey Local Plan - Policy R/R/P3. Both these policies are in place to ensure the protection of open or green spaces from inappropriate development.
Environment Policy 42 states that 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 back land 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.
The Ramsey Local Plan - Policy R/R/P3, which relates to the development of infill and back land sites, deals with areas zoned for predominantly residential use as this site is within, but indicates that 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.
The application site certainly fails within the definition of these two policies. It is an undeniable fact that the piece of land referred to does create a "breathing space" and an area of "open or green spaces" and as indicated by previously inspectors was an important feature when determining the impact of the proposed apartment blocks upon the street scene. The development of which would remove an area of open space/green space which was included in the original layouts for the apartment development, and contributes to the visual amenity of the street scene.
It is considered whilst the submission proposes to screen the proposed garage block from public view, the fact remains that the proposal would be building on land which is considered to provide an attractive open space, which is beneficial to the area as a whole. The loss of this land would result in a loss of open space, but also the openness of the site, which would be to the detriment of the visual amenities of the current residents, which include the residents within the Pavilions Apartments. Consequently the proposed development 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).
In conclusion, for the reasons indicated, it is recommended that the planning application be refused on the planning policy grounds that the proposed development would be unacceptable to the Isle of Man Strategic Plan (June 2007) and to the Ramsey Local Plan (Planning Circular 2/99).
PARTY STATUS It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Ramsey Commissioners Department of Transport Highways Division The Secretary of the Management Committee of the Greenside Apartment (8 Greenside Court, Brookfield Terrace, 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:
Manx Electricity Authority The owners/occupiers of Lower Glentramman Farm, Garey Road, Lezayre The owners/occupiers of 13 Fairways Drive, Ramsey The owner/occupier of Dormy, 11 Fairways Drive, Ramsey
Recommended Decision: Refused
Date of Recommendation: 24.03.2010
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).
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Refused Date : 26 March 2010 24 March 2010 09/01153/B
Signed : Senior Planning Officer
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