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The application site is a vacant plot of land which is located west of St Olave's. The site is located southwest of the junction of Bowring Road and the Jurby Road.
The application site is within an area of 'Woodland' not zoned for development, under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998, hereafter referred to as the Ramsey Local Plan. The site is neither within Ramsey Conservation Area, nor within an area zoned as High Landscape Value or Costal Value and Scenic Significance. The site is adjacent to an area zoned as 'Public Open Space'
Erection of two four storey blocks, each block containing eight flats - 04/02308/B – APPROVED
Approval in principle for the erection of a dwelling, kitchen garden at St Olaves, Bowring Road, Ramsey - 98/01966/A - APPROVED
The application proposes the Re-shaping of bank to the rear of the site (in association with PA04/02308/B)
Ramsey Commissioners:-
Until such time as the Commissioners have been provided with additional information in order that they may fully consider this proposal.
The application as submitted does not indicate any provision for an overall scheme of landscaping as these works will be in a prominent location adjacent to the Sulby River. A full landscaping scheme should be provided which would indicate the environmental impact that these engineering works will have in this location.
In addition, the views of the Department of Transport should be sought as they have responsibility for environmental impact of rivers and watercourses.
The drawings as submitted do not clearly indicate the distance from the bank of the river to the proposed engineering works and it is considered that such information is required to determine the overall environmental impact of the proposal.
Planning Mann acting on behalf of the owner of 2 Belmont Terrace, Jurby Road, has objected to the planning application, which can be summarised as; questionable accuracy of the application; not zoned for development; destruction of wildlife habitat, and potential pollution of river course; destruction of visual amenity; unnecessary; and safety.
The owner/occupier of 4 Belmont terrace, Jurby Road, Ramsey, has objected to the planning application, which can be summarised as; the site is a natural woodland and river setting which could
possibly turn into a 'dumping ground' which in turn will undoubtedly upset the balance of nature and outlook of the whole site; proposal would set a precedent; size of retaining wall is totally out of keeping; and lack of trees indicated within the plans.
The Wildlife & Conservation Officer (DAFF), has comments to the planning application, which can be summarised as; The site is designated as Woodland/Parkland; The plans also notes the site as a potential Wildlife Site (the Sulby River Brooghs Woodland) identified during the Ramsey Wildlife Survey and having "Special wildlife interest"; The site is in the category of highest wildlife value; specifically mentioned in R/E/P8; The area forms part of the green corridor along the Sulby River; The application would have a clear adverse impact, whether this is a long term or short term impact depends to landscape and revegetate the Brooghs following the work, this information is not given; The fact the application states there are no trees though the Brooghs are clearly still wooded; Work that has significant impact on such site should not be allowed unless there is a very good justification; Impacts upon the adjacent salt marsh; If approved it is important that the river is not affected by silt form the site; The designated woodland should be replaced, which require suitable soil; Clearance should avoid the period March-July to protect nesting birds.
S.P.M.C. & E:- The change of title makes no difference whatsoever to our OBJECTIONS as previously expressed. We also strongly support the later objections submitted by Geoff Clarke. To help illustrate the situation, attached is a photo of the landscape they seek to destroy - St. Olave's House sits in the centre background.
The IOM Water Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
When considering this application, I consider the following Planning Policies need to be taken into account when reaching a decision.
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:
Policy 3: Development will not be permitted where it would result in the unacceptable loss of or damage to woodland areas, especially ancient, natural and semi-natural woodlands, which have public amenity or conservation value.
Policy 7: Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
Wildlife sites:
There will be a general presumption against any development which would have an adverse effect or impact, and a presumption against either tree felling or grubbing out of hedgerows in the following areas:
a) Ballure Glen; b) Greenlands Curragh; c) Sulby River Brooghs; d) Mooragh Park Brooghs; e) Poyll Dooey.
The following sites are identified as having special wildlife interest in accordance with the recommendations of the Manx nature Conservation Trust (paragraph 7.14).
a) Ballure Glen; b) Greenlands Curragh; c) Sulby River Brooghs woodland; d) Ramsey Station Yard; e) Mooragh Park Brooghs; f) Poyll Dooey.
The submission indicates that prior to the commencement of works starting on the site for the approved 16 apartments, the developer had a ground investigation report prepared by Strata Survey's Ltd which showed most part of the slope is theoretically unstable. Due to this the submission was submitted.
The plans that have been submitted show how the proposed works of re-shaping the bank would be undertaken. Additional information has also been submitted which include a tree survey of the bank. The report indicated there are a number of trees (Sycamore, Elm, Hawthorn, Prunus and Holly) and clump of trees. The report goes on to state that "the trees on this site have had no maintenance or good husbandry set in place and this has led to the area being unmanaged, the trees being heavily ivy-clad and generally in poor condition". The applicant propose to remove the trees which have been indicated and replaced of more suitable native species trees (Ash, Birch, Hazel and Rowan) to blend sympathetically with the Manx countryside and to offer a suitable habitat for wildlife.
Additional the submission proposes to have a more attractive surface layer of stabilising ground cover on top of the proposed new bund, gabions and maccaferri covering.
The report prepared by Strata Survey's Ltd states within the stability conclusions that; "The slope is not falling down as there is some mechanical reinforcement by vegetation and tree roots, However any external interference e.g. additional loading on the land above, vegetation removal, groundwater variation, could lead to surface instability".
Whilst I appreciate the predicament of the Applicants, that due to the instability of the slope, this subsequently prevents the proposed apartments from being constructed, as indicated within the policy section of my report the site is within an area of Woodland, adjacent to a major water course (Sulby River), zoned as a Wildlife site one of which has a special wildlife interest.
First dealing with General Policy 2, I consider paragraph C and D the most relevant with this submission. Obliviously the removal of the number of mature trees in this prominent location would have a serious impact upon the existing woodland. The affect would be very apparent in the short term and in the long term, due to the number of years it would take for the proposed replanted trees to grow to maturity. The appearance of the site would be very noticeable with a break in the mature trees line, due to the number of mature trees either side of the site which would remain. Regarding paragraph D, the removal of the trees and the associate re-shaping works will have and adverse impact upon the Wildlife within the site, which is particularly important when the site has been identified as having a special wildlife interest. I also have concern that the submission does not include a adequate risk assessment to demonstrate that works will not have an adverse impact upon the nearby watercourse (Sulby River), however I consider if the application was to be approved a condition could be attached which asked for further details. Overall however, I consider the proposal would contravene general Policy 2 for the reasons stated above.
The second policy which needs consideration would be Environmental Policy 3, as the site is within a woodland. Whilst I appreciate the predicament of the Applicants, that due to the instability of the slope, this subsequently prevents the proposed apartments from being constructed, I do not consider that the reason is sufficient to justify the removal of a large amount of trees within a woodland and within a very prominent location, being directly adjacent to an Area of Open Space (wildlife park). Added to Environmental Policy 3, the Ramsey Local Plan Policy R/E/P8 would also be against the development due to the significant felling of the existing trees and as the site has a special wildlife interest, again without sufficient justification, and therefore there are no special circumstances to warrant the setting aside of the presumption against.
I therefore consider taking the relevant Planning Policies indicated within The Isle of Man Strategic Plan and The Ramsey Local Plan, the proposal would create a significant adverse impact to the detriment the surrounding landscape and wildlife.
For these reasons the proposal would be inappropriate in this location and therefore my recommendation is for a refusal.
I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Highways Division Ramsey Commissioners 2 Belmont Terrace, Jurby Road 4 Belmont terrace, Jurby Road, Ramsey The Wildlife & Conservation Officer (DAFF)
I consider that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:-
S.P.M.C. & E The IOM Water Authority
Recommended Decision: Refused Date of Recommendation: 19.09.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1. The application site is not zoned for development and the proposal would lead to a unacceptable loss of woodland and wildlife and therefore would be contrary to the provisions of The Isle of Man Strategic Plan (20th June 2007), particularly General Policy 2, Environment Policy 3, and The Ramsey Local Plan – Planning Circular 2/99 – R/E/P8.
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 : Refused Date: 24/9/07
Signed: [Handwritten signature] M. I. McCauley Director of Planning and Building Control
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