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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00313/B Applicant : Mr Michael Weldon Proposal : Erection of a detached single garage in the rear garden Site Address : Jasmine 3 Auburn Place Lezayre Road Ramsey Isle Of Man IM8 2LP
Planning Officer: Mr Paul Visigah Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 03.07.2023 __
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. The development hereby approved including layout, access arrangements, and visibility, shall be provided in accordance with approved plan Drawing No. 02 rev C received 16 March 2023 and retained as such thereafter. No other/additional access provisions may be made.
Reason: In the interests of highway safety.
C 3. No development may be commenced nor any equipment, machinery or materials be brought onto the site for the purposes of the development until suitable protective fencing has been erected in the location shown on the approved drawing No. OTP-200422, to form a Construction Exclusion Zone ('CEZ').
Within the CEZ nothing shall be stored, placed or disposed of above or below ground, the ground level shall not be altered, no excavations shall be made, no mixing of cement or use of other contaminating materials or substances shall take place, nor shall any fires be lit. The implemented CEZ may only be removed when the construction work has been fully completed on the site.
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Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.
C 4. The development hereby approved shall be carried out strictly in accordance with the tree protection measures detailed in the Outline Tree Protection Plan (Drawing No. OTP-200422), Arboricultural Impact Assessment Report prepared by Manx Roots Limited, and dated 7 March 2023, and Planning Statement Relating to Sub-Structure of the Proposed Garage prepared by BB Consulting Engineers. The garage sub-structure be constructed in the manner detailed in the A Planning Statement Relating to Sub-Structure of the Proposed Garage prepared by BB Consulting Engineers and as shown in drawing No. 22-117 - 01 rev A (Proposed Foundation Plan and Cross Section). No continuous strip footings; cantilevered superstructure towards western boundary; pad foundations to be orientated to limit shading of existing tree roots. The proposal shall adhere to the use of heel-mesh metal grids supported by ground screws (Green Grid Systems Rootbridge, 15kN or equivalent) to construct the ramp from the lane to the finished floor level of the garage as outlined in the Arboricultural Impact Assessment.
Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period to protect and enhance the appearance and character of the site and locality.
C 5. Prior to the commencement of the development hereby approved an Arboricultural Method Statement (AMS) providing a schedule of a monitoring and reporting programme of all on-site supervision and checks of compliance on all arboricultural matters. The agreed AMS shall be adhered to in full.
Reason: to ensure compliance with the tree protection and to protect and enhance the appearance and character of the site and locality.
This application has been recommended for approval for the following reason. The proposal is considered to be in accordance with General Policy 2, Transport Policy 7, and Environment Policy 42 of the Isle of Man Strategic Plan 2016, and the principles set out in the Manual for Manx Roads, in that no unacceptable visual, residential amenity, highway safety or other impacts were identified.
Plans/Drawings/Information;
This decision relates to the documents and plans received 16 Mar 2023. __
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Department of Infrastructure (DOI) Flood Risk Management Division __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is the residential curtilage of Jasmine 3 Auburn Place, a two storey semi-detached property sited on the northern side of Lezayre Road in Ramsey. To the rear of the property is a private garden which stretches by about 24m beyond the dwelling to the
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boundary with the neighbouring property to the north. There are mature landscaping on the boundary of the dwelling with 29 Bircham Avenue. A rear lane also connects the rear garden with Lezayre Road.
2.0 THE PROPOSAL 2.1 The planning application seeks approval for erection of a detached single garage in the rear garden. The new garage building would measure 6.5m on the south elevation, 6.8m on the east elevation, 3.9m on the north elevation and 7.2m on the west elevation, and 3m tall (from the ground level to the top of its flat roof). This garage which would be set over 11 pad foundations to ensure its avoids tree roots to limit impacts on the tree root area of the adjoining trees, would have its flat roof finished in Grey Fibreglass GRP roof, while its external walls would be finished in spar dash render. There would be a 2.5m x 2.5m garage doors on the north elevation, a pedestrian access door and window on the (east side elevation), and a window on the (south elevation). The floor area of the building would measure about 36sqm. The door and window units would be UPVC units, while the garage door would be a powder coated sectional garage door.
2.2 There would be no changes to the site level. No trees would be removed on site to enable the development.
2.3 The application provides a Supporting Statement prepared by CJ Designs Limited and dated 3 March 2023 which sets out the site context, provides details of parking within the site and access to the rear garden, outlines the site planning history, details Pre-application advise sought for the scheme, describes the proposal and gives detail of potential site constraints, particularly those related to trees and floods.
2.4 A Planning Statement Relating to Sub-Structure of the Proposed Garage prepared by BB Consulting Engineers has been provided by the applicants. This details how the foundations and floor area of the proposal is to be set out to limit impacts on trees through: o No continuous strip footings o Cantilevered superstructure towards western boundary o Pad foundations orientated to limit shading of existing tree roots.
2.5 An Arboricultural Impact Assessment Report prepared by Manx Roots Limited, and dated 7 March 2023 has been provided with the application. The report is also accompanied by supporting tree plans. The following recommendations are articulated in the report: "5.5. Recommended protection measures for retained trees. 5.5.1. An Outline Tree Protection Plan (OTTP) is provided in the supporting drawing OTP- 200422. This drawing illustrates the extent of the Construction Exclusion Zones (CEZ) and Restricted Working Areas (RWA) recommended around the retained trees, and the proposed location of temporary fencing and ground protection.
5.5.2. All excavations on the site and the construction of the substructure should be supervised by an Arboriculturist to ensure that damage and contamination is minimised.
5.5.3. The OTPP has been provided to show where protection measures could be implemented based on the proposed site layout and design. It does not provide technical specifications for fencing, ground protection or site supervision and monitoring, which would be necessary to provide a high level of confidence in the outcome for retained trees. If the planning application for the proposed development is approved, it is recommended that an Arboricultural Method Statement (AMS), which describes the required protection measures and supervision processes in greater detail, is prepared prior to commencement.
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7.1. A follow-up tree assessment should be carried out by a suitably qualified arboriculturist immediately following the completion of the development to identify any retained trees requiring remedial works."
3.0 PLANNING POLICY 3.1 The site is located within an area designated as 'Predominantly Residential Use' under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998, and the site is not within a Conservation Area. There are no registered trees on site and the site is not within a Registered tree Area. The entire rear garden of the dwelling is within a high tidal flood risk zone.
3.2 The Ramsey Local Plan Written Statement (Planning Circular 2/99), has the following policies that are specifically relevant to the current site:
3.2.1 "Policy 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 submission of any application".
3.2.2 "Policy R/E/P3 Backland Development and Development in Grounds of Houses 7.20 There shall be a general presumption against backland development and development within grounds of large houses on those sites which are well landscaped within ample tree coverage".
3.3 In terms of strategic plan policy, the Isle of Man Strategic Plan contains the policies that are considered specifically material to the assessment of this current planning application:
3.3.1 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 under-used 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."
3.3.2 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: (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; (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;
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(m) takes account of community and personal safety and security in the design of buildings and the spaces around them;
3.3.3 "Environment Policy 42 states: 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."
3.3.4 Strategic Policy 3 (In part): Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (b) having regard in the design of new development to the use of local materials and character.
3.3.5 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. Typical Residential: 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling."
3.3.6 Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted.
3.3.7 Environment Policies 4 and 5 seek to protect the ecology of sites and important habitats.
3.4 Other policies within the Strategic Plan which are considered relevant in the assessment of the proposal are;
3.4.1 Community Policy 10: Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes.
3.4.2 Community Policy 11: The design and use of all new buildings and of extensions to existing buildings must, as far as is reasonable and practicable, pay due regard to best practice such as to prevent the outbreak and spread of fire.
3.4.3 Infrastructure Policy 5: Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources.
3.4.4 "Backland development" (which is development on the land at the back of properties) may also be acceptable in some circumstances, but only if satisfactory access can be achieved and if there is sufficient space to provide adequate amenity for both new and existing adjoining dwellings.
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 RESIDENTIAL DESIGN GUIDE (2021) 4.1.1 Whilst not adopted planning policy, DEFA's Residential Design Guide (2021) is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions." Section 3.1 refers to local distinctiveness and 7.0 deals with Impact on neighbouring properties are particularly relevant.
4.2 IOM BIODIVERSITY STRATEGY 2015 TO 2025
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4.2.1 The strategic aims (In part): o Managing biodiversity changes to minimise loss of species and habitats. o Maintaining, restoring and enhancing native biodiversity, where necessary.
4.2.2 Habitat loss actions "21. DEFA will continue to promote a policy of 'no net loss' for semi-natural Manx habitats and species and ensure that unavoidable loss is replaced or effectively compensated for."
4.3 THE MANUAL FOR MANX ROADS 4.3.1 Section B4: Access Layouts It states: "B.4.1 The general rule is one access point to and from a property. More than one access point increases the potential for traffic conflict. Applications for two access crossings to a single property or a second access point where one already exists require you to provide strong evidence that it will add significantly to highway safety.
B.4.2 For such applications to be considered, the applicant will need to show: o how a second access will add to the safety of the access arrangements o why such added safety cannot be achieved from a single access, or by improving or repositioning an existing access
5.0 PLANNING HISTORY 5.1 There is no previous application for the site considered materially relevant to this application. There are, however, a number of planning applications for the erection of garages within the rear gardens of the neighbouring properties and these are considered to be materially relevant to the current application: a. PA 85/00387/B for Demolition of existing outbuildings at rear and construction of garage, 10 Albion Terrace, Lezayre Road, Ramsey. APPROVED. b. PA 87/04540/B for Erection of a garage at rear of 6 Albion Terrace, Lezayre Road, Ramsey. APPROVED. c. PA 21/00531/GB for Alterations and erection of a rear garage (in association with 21/00532/CON). APPROVED.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that the proposal would provide a safer and more convenient solution to parking and turning than currently experienced from Lezayre Road. They note that it addresses the issues related to a second access for introducing more conflict points which would be unsupported. Accordingly, the proposal is satisfactory in highway terms for no opposition to be raised subject to conditions for the layout to accord with Drawing 02 C plus details for approval of surface water drainage, if appropriate and necessary. The Applicant is advised of the need for a s109 (A) Highway Agreement (6 April 2023).
6.2 The Department of Infrastructure (DOI) Highways Drainage have stated that allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. They recommend that the applicant be aware off and comply with the clauses above. (6 April 2023).
6.3 DOI Flood Risk Management have stated that the proposed building is within a tidal flooding zone and request that the use of floor resilient materials and building practices are conditioned. They also request that the building is not to be used as accommodation at any time (14 April 2023).
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Adherence to the use of heel-mesh metal grids supported by ground screws (Green Grid Systems Rootbridge, 15kN or equivalent) to construct the ramp from the lane to the finished floor level of the garage. As outlined in the Arboricultural Impact Assessment.
6.5 Ramsey Town Commissioners have no objection to the planning application (26 April 2023).
6.6 No comments have been received from neighbouring properties. 7.0 ASSESSMENT 7.1 The main issues in the assessment of this application are: i. Whether the proposed works would result in any adverse visual impacts on the character and appearance of the application site and the locality (GP2, EP 42 & STP 3b); ii. Impacts on trees (GP2); and iii. Impacts on Highway Safety (GP2, TP 7 & MFMR).
7.2 Visual Impacts 7.2.1 In relation to the visual impacts of the development, the rear garden where the garage would be situated is partly concealed from public views due to the thick line of trees and shrubbery on its boundary, and as it would be situated within a rear lane adjoining a car park. As such, it is not considered that the garage would be particularly apparent when viewed from the surrounding thoroughfares. In any case, any glimpsing views would be set within a residential context and would be appropriate in terms of design, scale and massing for a detached garage, in conjunction with the dwellinghouse. The finish of the garage would be spar dash render and as such would match the finish of the dwellinghouse.
7.2.2 Likewise, the level and scale of development proposed within this planning application are considered to be relatively modest and not judged to cause harm to the enjoyment of the main dwellinghouse or considered to harm the character and quality of the townscape and wider surrounding area. In this case the proposals would be considered compliant with those sections of General Policy 2 (b), (c), (f) and (g).
7.3 Impact on Trees 7.3.1 With respect to the impact of the proposal on trees within the application site, it is noted that the proposed scheme would not involve the removal of any trees on site, although the scheme has the potential to adversely impact on root tree areas for adjoining trees on the neighbouring property. Whilst the above concern with tree impacts is noted, the application is supported by A Planning Statement Relating to Sub-Structure for the garage which sets out how the development could be carried out with limited impacts on tree root areas. This has also been supported by supporting tree information which clearly articulates the challenges with trees and how these could be mitigated within the current proposal.
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7.3.2 The supporting Arboricultural information and substructure design information has also been reviewed, commented on, and accepted by the DEFA Arboricultural Team and in this respect it is felt that the application has satisfied the principles of General Policy2 (f). Conditions would, however, be imposed to ensure that the required mitigation measures are implemented.
7.4 Highway Safety Impacts 7.4.1 In terms of impacts on highway safety, it is considered that the erection of the garage within the rear garden would not result in adverse impacts on on-street parking in the area as the provision of the additional parking provision within the site would ensure the site has sufficient space to accommodate the parking requirements for the property. This would ensure that the parking requirements for the property is met, making the scheme compliant with TP 7 and GP2 (h).
7.4.2 The new garage would also be afforded good visibility when accessing the rear lane which is not a through road, and as such is not accustomed to high traffic volumes. Therefore, the connection of the garage to this rear lane would be acceptable in this case.
7.4.3 Granting the scheme would create an additional vehicular access to the site which could be considered to conflict with the requirements of Section B4 of the manual for Manx Roads, the advice provided by DOI Highways who have revised the application documents, including the Supporting Statement which sets out the justification for the proposal indicates that the proposal addresses the issues related to a second access for introducing more conflict points. Therefore, it is considered that the proposal meets the conditions set within Paragraphs B.4.1 and B.4.2, as well as General Policy 2 (i) which requires that new development "does not have an unacceptable effect on road safety or traffic flows on the local highways."
8.0 CONCLUSION 8.1 Overall, it is concluded that the planning application is in accordance with aforementioned policies of the Isle of Man strategic plan 2016, and would have no adverse impact on the visual amenities of the site or surrounding area, and highway safety. Therefore, the application is recommended for approval.
9.0 INTERESTED PERSON STATUS 9.1 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.
9.2 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
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9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 14.07.2023
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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