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The application site comprises of an area of land at the junction of Fairway Drive and Claughbane Drive in Ramsey.
The planning application seeks retrospective approval for the erection of wooden fencing along the perimeter of the application site.
The application site and adjoining land has been the subject of a number of previous planning applications that have resulted in the erection of residential apartments on the adjoining land and the planting of trees on the application site. One of these previous planning applications is considered specifically material to the assessment of this current planning application:
Planning application 00/00826/C sought approval for the change of use of open space to garden. This previous planning application was initially considered and approved on the 13th October 2000, with the initial approval decision notice issued on the 25th October 2000. Condition no. 3 of the approval stated: “No approval is granted to the erection of any structures on the site (including walls and fences).”
Ramsey Town Commissioners object to the planning application on the grounds that they consider the fencing obtrusive and un-neighbourly in a prominent position within a residential area.
The Department of Transport Highways Division object to the planning application on the grounds that the fence reduces visibility for vehicles turning out of Fairway Drive onto Claughbane Drive.
Mr P Sadd, address not supplied, objects to the planning application and highlights the planning history of the application site.
The owners and/or occupants of 11 Fairway Drive, which is located approximately 60 metres to the west of the application site, object to the planning application. The grounds for their objection can be summarised as concern regarding the visual impact of the fencing.
The owner and/or occupant of 13 Fairway Drive, which located approximately 90 metres to the west of the application site, objects to the planning application. The grounds for their objection can be summarised as concern that the erection of fencing is contrary to a condition attached to a previous planning approval and that it is visually detrimental to the area.
In terms of land use planning the application site is not designated for any site specific purpose and is located within a wider area of land designated as predominantly residential under the Ramsey Local Plan Order 1998. There are no policies within Planning Circular 2/99, which constitutes the written statement to be read in conjunction with the local plan, that are considered specifically material to the assessment of this current planning application.
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application:
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:
Recreation Policy 2 states: "Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances:
The planning application seeks retrospective approval for the erection of fencing along the boundary of the application site. The three main issues to consider in assessing the proposal are a) the visual impact of the fencing; B) the effect on highway safety; and c) the implications of fencing off the application site.
In terms of visual impact, whilst the fencing that has been erected is of good quality in terms of its construction the overall visual impact of it on the amenity of the surrounding area is unacceptable. The fencing is prominent within the locality and fails to suitably respect the appearance of existing properties within the surrounding area. As such the erection of the fencing would adversely the character of the surrounding townscape contrary to the provisions of General Policy 2 of the Isle of Man Strategic Plan 2007. This is concluded to be reason for refusal of the planning application.
In terms of the effect on highway safety, the objection from the Department of Transport Highways Division has to be viewed as having significant weight as a material planning consideration. As identified, the fencing reduces visibility for vehicles turning out of Fairway Drive onto Claughbane Drive. This is clearly against the interests of highway safety and is therefore also contrary to the provisions of General Policy 2 of the Isle of Man Strategic Plan 2007. This is concluded to be reason for refusal of the planning application.
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. In terms of the implications of fencing off the application site it is considered that doing so leads to the effective loss of an area that is of benefit to the local area. Such loss is undesirable and contrary to the provisions of Recreation Policy 2 of the Isle of Man Strategic Plan 2007. This is concluded to be reason for refusal of the planning application.
It is recommended that the planning application be refused on the basis of the above. As that the planning application has been made retrospectively and the fencing is in situ it will be necessary for it to be removed. Due to the nature of the development it is recommended that the applicant be given four weeks to remove the fencing and return the site to as before.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Ramsey Town Commissioners; and The Department of Transport Highways Division It is considered 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:
Mr P Sadd, address not supplied; The owners and/or occupants of 11 Fairway Drive; and The owner and/or occupant of 13 Fairway Drive.
Recommended Decision: Refused Date of Recommendation: Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals
R 1. By reason of its extent and appearance the visual impact of the fencing on the surrounding properties and overall townscape is unacceptable. As such the development is contrary to the provisions of General Policy 2 of the Isle of Man Strategic Plan 2007.
R 2. By reason of its extent, positioning and size the fencing would unacceptable reduce visibility for vehicles turning out of Fairway Drive onto Claughbane Drive. As such the development would be contrary to the interests of highway safety and therefore General Policy 2 of the Isle of Man Strategic Plan 2007.
R 3. By reason that the fencing would change the appearance of the application site and effectively prevent general access or use of the application site it is concluded that the development is inappropriate and therefore contrary to the provisions of Recreation Policy 2 of the Isle of Man Strategic Plan 2007.
Decision Made : Committee Meeting Date :
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