Officer Report

Application No.: 15/01095/A Applicant: Mr & Mrs Stuart Crane Proposal: Approval in principle for the erection of a detached dwelling and creation of a vehicular access for Rheast Mooar House Site Address: Rheast Mooar House Andreas Road Ramsey Isle of Man IM8 3UA Case Officer : Mr Chris Balmer Photo Taken: 13.10.2015 Site Visit: 13.10.2015 Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO CONCERNS RAISED BY THE FORESTRY DIVSION OF DEFA

1.0 THE SITE - 1.1 The site forms the residential curtilage of Rheast Mooar House, Andreas Road, Ramsey which is rectangular in shape and approximately 0.8 acres in size. The site is located on a corner plot with Andreas Road to the west and Rheast Mooar Lane to the southern boundary. Access is via two entrances, one to the south-western corner of the site onto Andreas Road and the second access to the south-eastern corner of the site onto Rheast Mooar Lane. - 1.2 The site is mainly characterised by a number of large mature trees along the entire northern boundary of the site, the majority of the site being lawned garden with some mature trees and hedgerows along the southern and western boundaries. Until recently the western boundary was made up of a mature hedgerow, although this has been replaced with a 2 metre high timber fence. - 1.3 To the eastern part of the site, the main dwelling Rheast Mooar House is situated. This is a traditional two storey property, with dormer accommodation within the roof space and with single storey wings to both gable elevations. The dwelling has full two storey projection bay windows to the front elevation. The finish is painted render with a slate roof finish.

2.0 THE PROPOSAL - 2.1 The application seeks approval in principle for the erection of a detached dwelling and creation of a vehicular access for Rheast Mooar House. The proposal would essentially split the application site into two, with the new dwelling sited within the western part of the site. The proposed dwelling would utilise the existing access onto Andreas Road. The proposal as indicated, includes the creation of a new access onto Rheast Mooar Lane (one way road) which would serve Rheast Mooar House.

3.0 PLANNING POLICY AND STATUS - 3.1 The site lies within an area of 'Residential Use' under the Ramsey Local Plan of 1998. There are a couple of policies which give guidance on the development of backland and garden areas, in addition to Environment Policy 42 below:

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 the submission of any application".

R/E/P3 Backland Development and Development in the Grounds of Houses There shall be a general presumption against backland development and development within the grounds of large houses on those sites which are well landscaped within ample tree coverage".

3.2 The site is not within a Conservation Area or is the property Registered. As such, the Strategic Plan is considered relevant in this case as follows: Strategic Policy 1 states: "Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused 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 and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

3.4 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." - 3.5 The Strategic Plan identifies a hierarchy of settlements that guide what type of development is appropriate within them. Douglas is designated as the main employment and service centre for the Island. - 3.6 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."

3.7 Housing Policy 4 states that: "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".

3.8 Environment Policy 42: "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."

4.0 PLANNING HISTORY - 4.1 There are no previous planning applications which are considered specifically material to the assessment of this current planning application.

5.0 REPRESENTATIONS - 5.1 Department of Infrastructure Highway Services indicate that it does not oppose the application (received on 05.10.2015) but makes the following comments:

"Highways have in the past received communication from residents of the property stating that the existing vehicular access is unsafe due to its location, especially in relation to seeing vehicles turning off Andreas Road onto Rheast Mooar Lane.

Although the existing access has been used as the main vehicular access, a new dwelling and new occupants may find the access unsafe. If this application was to be approved highways would welcome improvements to the west access serving the new dwelling."

5.2 Department of Environment, Food and Agriculture - Forestry and Lands Directorate (received on 07.10.2015) have raised concerns that there isn't enough information to demonstrate that the constraints imposed by trees have been properly considered. They also draw attention that the trees to the northern and western boundaries of the site are registered. They indicate that an accurate plan of canopy cover is really the minimum requirement to properly assess the above ground constraints represented by trees and ideally, works required for access and construction activity should also be considered. Furthermore, they indicate that a realistic assessment of the probable impact of the retained trees on the 'livability' of the property should also be considered. For example, shading of buildings and open spaces will be an issue on this site and there may be future pressure for removal from the perception of risk/safety issues and potential damage to property and concerns nuisance caused by seasonal debris (i.e. blocked gutters, leaves on garden etc). The objective should be to achieve a harmonious relationship between the trees and houses which can be sustained in the long term. They indicate that if permission is granted planning should be subject to an arboricultural report be submitted at the Reserved Matters stage.

6.0 ASSESSMENT - 6.1 In determining the application it is considered the main issues are; the principle of developing the site for residential use; potential impact upon nearby trees; potential impact upon neighbouring residential amenities; and amenities of future occupants. PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL USE - 6.2 The site is designated as residential use under the Ramsey Local Plan. There are also a number of residential dwellings in the immediate vicinity. Accordingly, it is considered the principle of residential development is acceptable. However, it should be noted that this is not an automatic reason to allow such development. Further consideration as listed with paragraph 6.1 of this report need to be considered. Whilst the Ramsey Local Plan introduces a presumption against the development of backland development and building within the established gardens of larger houses, the Strategic Plan takes precedence as it is the later plan. The Strategic Plan considers the merits of the development and its impact rather than an automatic presumption against it. The specific impacts are discussed in the following paragraphs. POTENTIAL IMPACT UPON NEARBY TREES

6.3 Although the application is for an approval in principle and therefore there are no detailed

• plans to help assess the impact of the proposed trees within the site, the information provided does show the position of the trees and canopy spread and from this it can be ascertained whether it is possible to site a dwelling without undue impact or loss of trees. An amended plan has been received showing the tree which was initially omitted. This tree is proposed to be removed on the indicative plan. However, as indicated above the removal of this tree maybe unnecessary depending on the final design and siting of the dwelling. In relation to this application it is considered a dwelling could be designed on the site which would not affect the trees within the site either during construction or in the future. A condition should be added for the reasons the Forestry Division have indicated and be provided at any Reserved Matters application.

POTENTIAL IMPACT UPON NEIGHBOURING RESIDENTIAL AMENITIES

6.4 As the application is for approval in principle, it is for the decision maker to consider only whether they believe it is feasible for a dwelling to be constructed on site that would not unduly undermine residential amenity. The properties most likely to be affected would be Rheast Mooar House and Nrs 6 & 8 Thornhill Close to the north. Given their positioning it is considered that a dwelling could be sited such that their amenities would not be unduly affected. It should be noted that the proposal would result in the loss of approximately half the garden of Rheast Mooar House. However the dwelling would still be served by a sizeable garden and it is not considered the current or future occupants would be significantly affected to warrant a refusal of the application. AMENITIES OF FUTURE OCCUPANTS - 6.5 The size of the plot would be large enough to accommodate a dwelling, whilst providing necessary amenities (i.e. parking/turning provision, gardens etc) for future occupants. Concerns from the Forestry Division regarding the shading of buildings and open spaces and from the perception of risk/safety issues may result in future pressure for removal of trees. Again, it is considered a dwelling could be designed on the sizeable plot taking into account of trees and the issues that Forestry have raised albeit these are important issues which need to be considered when designing and siting the dwelling. - 6.6 Overall, it is considered the site could be designed to ensure the residential amenities of future occupants are provided in an appropriate way. OTHER MATERIAL PLANNING MATTERS - 6.7 Visiting the site it was acknowledged that improvements could be undertaken to the existing access along Andreas Road, with the removal of part of the road side hedgerow. It is considered a condition should be attached which requires a plan showing such improvement and replanting further back into the site, should be included in any Reserved Matters application. The applicants are happy for this to be included. - 6.8 It was also noted visiting the site that a 2 metre high fence runs along the entire southern boundary of the site adjacent to Rheast Mooar Lane. This does not have planning approval and has been recently erected. The applicant has submitted photographs in their submission which appears to show the fencing being erected. The original boundary was a mature hedgerow. This fence will need to be altered/removed to ensure the new access serving Rheast Mooar House has the required visibility splays of 2m by 36 metres in both directions. It is also considered that even if this fencing was moved back, therefore not within the visibility splays, there would be concerns of the visual appearance of it given its height, length and harshness immediately adjacent to Rheast Mooar Lane.

7.0 RECOMMENDATION - 7.1 It is considered that the proposal would be comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007) and Douglas Local Plan, for the reasons set out in this report, it is recommended that the application be approved.

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• The applicant, or if there is one, the applicant's agent;

• o The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and
• o The local authority in whose district the land the subject of the application is situated.

8.2 Department of Environment, Food and Agriculture Forestry Directorate are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order. - 8.3 With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

• 9. SUPPLEMENTARY REPORT 9.1 At the meeting held on the 16th November 2015, the Planning Committee determined to approve the application subject to the proposed condition 5 being altered to substitute the workd 'southern' for 'eastern'.

Recommendation Recommended Decision: Permitted Date of Recommendation:

30.10.2015

• C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.

• C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Reason: To avoid the accumulation of unimplemented planning approvals.
• C 3. Approval of the details of design, siting, external appearance of the buildings, internal layout, parking layout, and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced.

Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.

• C 4. Any Reserved Matters application is required to include an arboricultural report which should address each of the following points:

• 1. Arboricultural impact assessment - This should evaluate the direct and indirect effects of the proposed design considering:

• I. The tree removal and tree work required to implement the design
• II. Potentially damaging activities in the vicinity of retained trees
• III. The installation of hard surfaces
• IV. The installation of services
• V. The location and dimensions of all the proposed excavations and changes in ground level
• VI. The 'buildability' i.e. adequate access, working space, provision for storage of materials etc.

• 2. Tree protection plan - Superimposed on a layout plan, this should

• I. Clearly indicate the precise location of the protective barriers that will be erected to form an exclusion zone around the retained trees
• II. Gives a specification for protective barriers which meets BS5837
• III. Clearly show where construction activity cannot/will not be excluded from the RPA
• IV In the placement of protective barriers, consider the 'buildability' issues e.g. (access, contractors parking, space needed for excavations and construction work, working space for cranes,

plant & scaffolding etc.)

• 3. A tree constraints plan - constraints to the actual construction process, a realistic assessment of the probable impact of the retained trees on the 'livability' of the property should also be considered.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

• C 5. Prior to the commencement of any works to the new access onto Rheast Mooar Lane, as shown on drawing 1501111/4, a landscaping plan must be submitted to and approved by the Planning and Building Control Directorate which shows the boundary treatment along the entire southern boundary of the application site taking into account the require visibility splay of 2 m x 36 metres in either direction.

Reason: To ensure the provision of an appropriate landscape setting to the development and in the interest of Highway Safety.

• C 6. Any Reserved Matters application is required to include improvements to the existing access which would serve the new dwelling. Reason: in the interest of Highway Safety.

This approval relates to drawings reference numbers 15 1111 3, 15 1111 4 REV A, 1507D REV A received on 29th September 2015 and 27th October 2015.

Decision Made : Approved Committee Meeting Date:…16.11.2015

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Signed :C Balmer

Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraphin the Officer’s report).

Signatoryto delete as appropriate YES/NO See supplementary report at Para 9. Above.