DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Applicant: Dandara Homes Limited Proposal Creation of fenced children's playground with play equipment Site Address Public Open Space Auldyn Meadow Drive Auldyn Meadow Ramsey Isle Of Man IM8 2TR Case Officer : Mr Chris Balmer Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 14.02.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. All soft landscaping works (including tree planting) as shown on approved drawing Auld APL 58 REV b shall be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the play area, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: To ensure the provision of an appropriate landscape setting to the development.
• C 3. All hard landscaping works (including pathway) as shown on approved drawing Auld APL 58 REV shall be completed prior to the occupation of the play area and retained thereafter. Further, the first 5m of any pathway hereby approved shall be finished in a non-gravel material finish. Reason: To ensure the provision of an appropriate landscape/access.

This application has been recommended for approval for the following reason. It is considered that the proposal would not have significant adverse impacts upon public or private amenities and would comply with the relevant planning policies of The Isle of Man Strategic Plan and the Ramsey Local Plan Order 1998, and for the reasons set out in this report.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received; 20.01.2022 Auld APL 59 REV a

• Auld APL 57 REV c
• Auld APL 58 REV b _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

The owners/occupiers of 5 Auldyn Meadow Drive, Auldyn Meadow, Ramsey The owners/occupiers of 18 Auldyn Meadow Drive, Auldyn Meadow, Ramsey The owners/occupiers of 16 Auldyn Meadow Drive, Auldyn Meadow, Ramsey

as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. ________________________________________________________________ Officer’s Report THE APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN THE LEVEL OF REPRESENTATIONS RECEIVED CONTRARY TO THE RECOMMENDATION

0.0 PREAMBLE - 0.1 Members will be aware the planning application was previously deferred due to concerns of the pathways across the site and access onto a highway. Further to this the applicants have amended the scheme to provide to include a new path running from the north-western corner of the site to the south eastern corner of the site, both tying in with the existing footpaths within the estate. Further, additional tree planning is proposed around the edges of the play area and additional hedgerow planting along the northern and eastern boundary of the site.

1.0 THE APPLICATION SITE - 1.1 The application site is a parcel of undeveloped land which was allocated as Public Open Space when Auldyn Meadow Drive was developed within Ramsey. The site is located in a central location within the Auldyn Meadow Drive area.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the installation of children's playground play equipment. The proposals includes the installation of six pieces of equipment, laying of Bark Mulch safety surface around the equipment, installation of a path linking the equipment to the adjoining public footpaths, Jacksons fencing around the play area and some ground works to create a level ground level for some of the equipment. - 2.2 The applicants indicate that the approval of a previous planning application for 19 houses nearby (20/01367/B) required a children's play area to be provided (Section 13 Legal Agreement) within the overall housing estate. They indicate that the location and design of the playground has been agreed with Ramsey Town Commissioners as part of the S13 process.

- 3.0 PLANNING HISTORY

3.1 The following planning applications are considered of material relevance to the determination of the current application:

Application site Removal of condition 1 of PA 11/00990/B relating to the provision of affordable housing in connection with the erection of 45 dwellings, associated highway and drainage infrastructure, public open space and landscaping (13/91519/C) - APPROVED

Erection of two detached dwellings and a terrace of four dwellings (revised dwelling types to those approved under PA 11/00990/B) - 13/00229/B - APPROVED

Erection of 45 dwellings with associated highway and drainage infrastructure, public open space and landscaping - 11/00990/B - APPROVED

Nearby site Development of 19 dwellings (class 3.3), retail unit (class 1.1), children's nursery (class 4.2), and associated drainage and highway services - 20/01367/B - APPROVED

- 4.0 PLANNING POLICY

4.1 In terms of local plan policy, the application site is within a wider area of land that is designated as proposed residential use under the Ramsey Local Plan Order 1998. In accordance with the local plan the West Ramsey Development Framework (WRDF) was written to provide an overall development framework for the development of the application site and surrounding land. Under this document the site is within an area designated as "medium/high density housing". - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 which was adopted by Tynwald and forms Government Policy contains a number of policies considered specifically material to the assessment of this current planning application: - 4.3 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."

4.4 Recreation Policy 4 states: "Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport." - 4.5 Paragraph A.6.3.1 of the IOMSP states: "It has been argued that access to large gardens and transport reduces the importance of the children's playing space standard in certain areas. Gardens of private dwellings need to be of a sufficient size to accommodate the day to day needs of very young children; however, as children grow older, the role of the private garden, irrespective of its size becomes less important as play space. Children need access to play areas, where they can meet others of their own age and learn the important art of socialisation, which private gardens do not facilitate. Private gardens perform a multitude of other functions and are specifically excluded from the standard."

- 5.0 REPRESENTATIONS

5.1 Highway Services do not oppose (06.10.2021) and make the following comments: "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network efficiency and /or parking. Consideration should be given to pedestrian dropped crossings to readily facilitate connections for those on foot, bicycle parking and maintenance vehicle access."

• 5.1.1 Following the amendment drawings Highway Services make the following comments

• (28.01.2022); "Highways Development Control notes the amendments uploaded on 20 January 2021 and welcomes the provision of connecting paths. These should be suitable for users of push and wheel chairs at a minimum of 1.2m wide and surfaced in a non-gravel material. Gravel should not be within 5m of the highway even for pedestrian use. Further modifications are necessary.

HDC is accepting of road side parking for maintenance purposes given the occasional use throughout a year.

There is no requirement for more speed reducing measures. These have been designed into the layout. Additionally, no road design can remove all risks, and there is a long standing principle that road users are responsible for their own safety and should have regard of conditions relating to the nature of the road, weather and traffic etc. when using a road."

5.2 Ramsey Commissioners raise no objection (21.10.2021). 5.3 The owners/occupiers of 5 Auldyn Meadow Drive, Auldyn Meadow, Ramsey have objected to the application for the following reasons (11.10.2021); I am strongly against a children's play area in front of my house it will attract young adults who I think will be using the play area as a drinking venue leaving their rubbish everywhere; and not only that the cars on this estate go far too fast and it's an accident waiting to happen 5.4 The owners/occupiers of 18 Auldyn Meadow Drive, Auldyn Meadow, Ramsey have objected to the application for the following reasons (11.10.2021); our bungalow will be right next to the site and we feel it will affect our privacy to our back garden and the front of our house; We feel it will attract more people to the area which will then cause more noise, litter and traffic etc.; We are also very concerned about teenagers loitering into unsociable hours; We have only just purchased our property (3 weeks ago) and nothing was said about planning for this park; and we feel that if this was mentioned it would of affected our decision into purchasing the property.

• 5.4.1 Further comments from the owners of 18 Auldyn Meadow Drive have been received

• (29.01.2022) commenting; We have already objected to the park with our concerns of litter (rodents), noise, parking, privacy and vandalism etc; where do you expect visitors to park as

• Cars and vans already park on the road side and up onto the pavement over here as it is; and a few weeks ago someone parked their car up onto the pavement across our driveway.
• 5.5 The owners/occupiers of 16 Auldyn Meadow Drive, Auldyn Meadow, Ramsey have objected to the application for the following reasons (11.10.2021); It was not on the plans when we purchased our property next to the grass field (it was listed to be an open public space) having planning permission already approved to build an extension on the side elevation to our property the proposed plans for the playground will have an effect on this and will spoil the view; concerns me as the passing through traffic go at speed; concerns that it will attract unwanted nuisances from children / teenagers during the day time and late evenings; there is also no bins located in the area and this will impact of the cleanliness of the area and the area will become littered on; and I own two dogs who may become unsettled due to having a playground adjacent to our property.
• 5.6 Flood Management Division (DOI) do not object (31.01.2022).

- 6.0 ASSESSMENT

6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of development; (b) potential impact upon neighbouring amenities; (c) potential impact upon the visual amenities of the area; and (d) potential impact upon highway safety.

Principle of development

6.2 The land has been set aside for use as public open space and is annotated on the approved estate layout as "Public Open Space". Whether the open space is used as formal or informal space is a matter for the local authority who is responsible for the maintenance of the open space and how it is used. As many of the properties within the estate are suitable for occupation by families, the provision of formal play facilities such as are proposed here would appear to be appropriate. It should be noted that the majority of the site would still be retain as open grass/landscaped.

6.3 As indicated within the 'Planning Policy' section of this report, the site was allocated as public open space when the estate was developed. The site is also located within the housing estate and has good pedestrian links to and from the nearby residential properties (Auldyn Meadow Drive & Auldyn Walk) as well as the adjoining estate of Greenlands Avenue to the south of the site. It is worth noting that currently there is a lack of provision of children play facilities in this area of Ramsey. - 6.4 Recreation Policy 4 clearly requires that open space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport. As outlined above the site would meet these requirements. Paragraph A.6.3.1 of the IOMSP indicates that; "…Children need access to play areas, where they can meet others of their own age and learn the important art of socialisation, which private gardens do not facilitate…". - 6.5 Accordingly, it is considered the principle of developing this site for play equipment is acceptable. This is not an automatic reason to approve the application, as there are other material planning considerations which need to be determined. Potential impact upon neighbouring amenities - 6.6 A main issue with play equipment can be overlooking from the equipment towards and into neighbouring properties. In this case the Proludic J4930 multiple-play slide and Proludic J1610 climber arguably have the greatest potential for loss of privacy given children could stand/climb on these above ground level height. However, it is noted that the equipment would be located approximately 19.7m from Nr 18 (Proludic J4930 multiple-play slide - closes equipment to this property) and 21m to the gable of Nr 16 (Proludic J1610 climber). There is a

• Proludic J491 pod swing located closer (16.3m) to this property (Nr 16); however, it is unlikely this would cause greater level of potential overlooking compared to the Proludic J1610 climber. Overall, it is not considered the proposed equipment or use of the land as a children's play area would cause a significant impact to warrant a refusal on these grounds. New tree planting will also help in time to reduce the impact further.
• 6.7 In relation to other play equipment again it is considered to be appropriate, given their siting, size, and distance to neighbouring properties.
• 6.8 It is noted that concerns have been raised that the owner of 16 Auldyn Meadow Drive have raised concerns of their views from their approved extension (potential has now expired if not commenced) would be affected. It is noted that the approved plans had two high level windows at ground floor and a window at first floor which served a bedroom (secondary window). There is no right to a view in planning terms and therefore this is not a material planning matter which can be taken into account.
• 6.9 Concerns of anti-social behaviour have been raised and are understandable. However, the children's play area being located centrally within the housing development and being overlooked by a number of properties will help this become less likely. Anti-social behaviour generally occurs on sites which are not overlooked and are "out of sight". Furthermore there is a balance to be struck in providing for a children's play area which has clear social and health benefits for children versus the potential for antisocial behaviour, which can to a certain extent be controlled by other means, and it is concluded that the benefits of provision outweigh the disbenefits. Potential impact upon the visual amenities of the area
• 6.10 The equipment will be apparent when travelling past the site. However, it is not considered the equipment proposed is especially obtrusive or of a great mass or size which would adversely affect the visual amenities of the street scene or the site to warrant a refusal. Further, it is not uncommon to find children play equipment within residential areas and therefore it is not considered to be out of keeping within this area. Potential impact upon highway safety
• 6.11 Highway Services have raised no objection to the proposal. This proposal does not include any off road parking provision. Arguably, the site has very good pedestrian links and with no parking provided perhaps would persuade people to walk to the site, rather than travel by a car. This is the main purpose of having play areas within the centre of housing developments, as it within walkable distance of a number of properties will have no reliance of car travel. As outlined in Recreation Policy 4, Open Space provision should be "provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport". Given this site meets the above policy it would seem perverse to then seek parking provision for such provision.
• 6.12 New paths throughout the site and connecting to the existing highway (i.e. paths) will offer improved accessibility for all users within the estate, not just those using the play area. It is noted Highway Services have considered the amended plans and have raised no concerns.

- 7.0 CONCLUSION

7.1 Overall, it is considered that the proposal would have no significant adverse impacts upon public or private amenities and would comply with the relevant planning policies of The Isle of Man Strategic Plan 2016 and the Ramsey Local Plan Order 1998, and for the reasons set out in this report, it is recommended that the application be approved. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 21.02.2022

Signed : C BALMER Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

PLANNING COMMITTEE DECISION 21.02.2022

Application No. : 21/01122/B Applicant : Dandara Homes Limited Proposal : Creation of fenced children's playground with play equipment Site Address : Public Open Space Auldyn Meadow Drive Auldyn Meadow Ramsey Isle Of Man IM8 2TR

Principal Planner : Mr Chris Balmer Presenting Officer As above

Addendum to the Officer’s Report The Planning Committee approved the application with the below amended condition:

C 3. All hard landscaping works (including a 1.2m wide pathway) as shown on approved drawing Auld APL 58 REV b shall be completed prior to the occupation of the play area and retained thereafter. The footpaths shall be 1.2m in width, accessible for all users and the first 5m of any pathway hereby approved shall be finished in a non-gravel material finish.

Reason: To ensure the provision of an appropriate landscape/access.