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The application site comprises of a parcel of land, which is located on the junction of Claughbane Drive and Fairway Drive in Ramsey.
The proposed development comprises of the creation of a compound area and site staff parking area within the curtilage of the application site.
The application site has been the subject of a number of previous planning applications that I consider to be relevant to the assessment of this current planning application.
Planning application 99/393/A sought approval in principle for the erection of two apartment blocks to replace the two dwellings on the application site. This application was refused initially, at review and at appeal. This planning application primarily relates to the apartment development element of the application site.
Planning application 00/826/C sought approval for the change of use of an area of open space within the application to a garden. This application was initially considered and approved on the 13th October 2000, with the initial approval decision notice issued on the 25th October 2000. A copy of the initial approval decision notice and the location plan from the planning application file are attached to this report.
Planning application 00/827/B sought approval for the erection of two apartment blocks housing 15 apartments on the application site. This application was initially considered and refused on the 13th October 2000, with the initial refusal decision notice issued on the 26th October 2000. The refusal was confirmed at review on the 21st December 2000, with the review refusal decision notice issued on the 18th January 2001. A subsequent appeal was withdrawn by the applicant prior to being heard, which meant that the review refusal decision became final. This planning application primarily relates to the apartment development element of the application site.
Planning application 01/884/B sought approval for the erection of two apartment blocks housing 15 apartments on the application site. This application was initially considered and approved on the 14th September 2001, with the initial approval decision notice issued on the 21st September 2001. The approval was confirmed at review on the 19th July 2002, with the review approval decision notice issued on the 24th July 2002. At appeal the Minister accepted the recommendation of the appointed Planning Inspector and confirmed the approval on the 3rd December 2002. This planning application primarily relates to the apartment development element of the application site.
Planning application 03/1745/B sought approval for the elevational amendments to the two apartment blocks housing fifteen apartments previously approved through PA 01/884/B. This application was initially considered and approved on the 9th January 2004, with the initial approval decision notice issued on the 14th January 2004. This planning application primarily relates to the apartment development element of the application site.
Planning application 05/1803 sought approval for revisions to existing car parking layout together with erection of fencing along the eastern boundary. This application was initially considered and approved on the 28th October 2005, with the initial approval decision notice issued on the 10th November 2005. This planning application primarily relates to the apartment development element of the application site.
There is also one concurrent application that relates to the application site:
Application 05/92339/D seeks approval for the erection of signage on the application site. At the time of writing this report this application had not yet been assessed.
Ramsey Town Commissioners objected to the planning application. The grounds for their objection can be summarised as concern that the use would be detrimental to the amenity of the area. They highlight previous planning application that they consider relevant to the assessment of the planning application.
The Department of Transport Highways Division advised that they consider there to be no adverse traffic impacts arising from the proposal.
The application site is within the area covered by the Ramsey Local Plan. Under this plan the application is within an area recognised as being in predominantly residential use, there are site specific designations.
Although I would accept that it is more related to residential development I would suggest that Policy R/R/P3 of the Ramsey Local Plan does have some relevance to terms of the assessment of this current planning application. The policy states that "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."
The planning application was made as a result of enforcement action and is made retrospectively as the land is already being used as a compound and site staff parking area. This planning application essentially seeks to regularise the situation and give the developer planning approval in order to carry on using the site. Part of the application site is currently the site of construction work for the erection of two apartment blocks.
In terms of examining this application, there are two potentially conflicting issues that need to be balanced against each other.
On one hand, in terms of planning history it is apparent that the creation of a compound area and site staff parking area is at odds with the conditions attached to previously approved planning application 00/826/C. These conditions were imposed for good reason, to safeguard and protect this green space. The proposed use, even on a temporary basis, would be contrary to these aims. It is my opinion that the applicant must have been aware of this previous decision and the implications of the conditions. I therefore believe that is quite reasonable to have expected them to have made adequate provisions to manage the construction of the apartment development in an appropriate manner. It could be concluded that this is sufficient grounds for refusal.
On the other hand, dealing with the reality of the situation, it is clear that the proposed use is already in use and that the damage has effectively already been done. The construction of the apartment development is likely to last another two years and perhaps in retrospective it was naïve to grant that approval without expecting an impact on the adjacent open area. Construction of the development would be clearly be difficult without a site compound area and site staff parking in the surrounding area is likely to cause difficulties for local residents. Approval would allow control over the period of use of the site and the implementation of a landscaping scheme as part of the reinstatement of the site. In my opinion this area should remain primarily open but could benefit from some tree planting on the northern half of the land.
On balance, and taking the view that the damage has already been done, I believe that a time limited approval with landscaping condition is the appropriate conclusion. I therefore recommend that the planning application be approved subject to conditions.
I consider that all parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status.
Recommended Decision: Permitted
Date of Recommendation: 16.03.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
Within three months of the completion of the construction of the associated apartment blocks the development and the use permitted by this approved planning application must, to the satisfaction of the Planning Authority, cease and be removed in its entirety from the application site.
The approval relates to drawing no.s 441 and 502 date stamped the 13th December 2005.
Within three months of this decision becoming final a detailed landscaping scheme must be submitted to and agreed by the Planning Authority. Such scheme, relating to the area covered by the site compound and car parking, should detail the reinstatement of the area as green space and include tree planting in the northern part of the area.
All planting, seeding or turfing comprised in the detailed landscaping scheme, agreed in accordance with the requirements of the condition no. 3 of this approval, must be carried out in the first planting and seeding seasons following the cessation of use and removal of the development that as is required by condition no. 1 of this approval. Any trees or plants that within a period of five years from the completion of the development die, are removed, become seriously damaged or become diseased must be replace in the next planting season with others of a similar size and species.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date: 17/1/07
Signed: [Handwritten signature]
M. I. McCauley Director of Planning and Building Control
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