DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01016/B Applicant: Mr David Stockton Proposal: Erection of new garage/workshop and reconstruction of existing garage Site Address: River House Riverside Ramsey Isle Of Man IM8 3DA Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 28.11.2023

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. During Construction, there must be no discharge of surface water from the site of the proposed development to the Sulby River abutting the site.

Reason: To ensure that the watercourse is not adversely affected by the discharge of harmful materials, such as concreate or washings.

• C 3. The garage/workshop building hereby approved shall be erected in full accordance with the approved details on Drawing No. 23 - 119 - 01 Rev B, and shall thereafter be retained for parking/workshop purposes only. The building shall not be used for residential accommodation.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

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, Environment Policies 7, 10, 13 and 42 of the Isle of Man Strategic Plan 2016, 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 07 September 2023, and Agent Correspondence with Manx Utilities Drainage received 29 September 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 Manx Utilities Drainage _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site represents the residential curtilage of River House, Riverside, situated at the western end of Riverside, Ramsey. The dwelling which is a large detached property sits within large grounds with most of its boundary with the neighbours to the east and north enclosed in mature landscaping. The entire western boundary of the site borders the Sulby River. - 1.2 The site is accessed via a lane which also serves a number of other properties; Port Natal and 1-6, Riverside. Riverside which branches off Bowring Road is a private road which is generally single width and unmade. - 1.3 River House is a two storey house with a two storey rear annex and a more modern single storey annex to the rear (north) of this. The single storey annex continues to the east in a part courtyard, providing additional living accommodation and a single garage. Alongside the existing garage is an area of new retaining walls around an area of raised bank.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for erection of new garage/workshop and reconstruction of existing garage. The proposed garage/workshop will be 17m long, 9.1m wide and 3.9m tall (2.4m to the eaves). The east elevation of the garage would abut a retaining wall such the floor level would be set 1.19m below the top of the retaining wall. The roof and walls of the garage will be clad in RAL Design 160-50-20 - Juniper Green coloured cladding. This garage is proposed to accommodate 6 cars along with the workshop use. - 2.2 The proposal would involve the removal of the existing garage within the courtyard to provide access for the construction of the new garage/workshop and it will be rebuilt to match removed garage. - 2.3 No trees would be removed to facilitate the development and there would be no changes to site levels. - 2.4 The applicants have indicated that no residential use (no habitable accommodation) is proposed in the garage. The garage would be served by a septic tank which serves the existing dwelling, and surface water will be directed to the Sulby River with non-return valves to prevent flooding. - 2.5 The applicants have provided a Planning Statement which sets out the site context in terms of layout of buildings, site topography, relationship with trees and mature landscaping,

relationship with the Sulby River, the design context of the existing site in terms of architectural style, flood mitigation measures, and their impact on design. This Statement also describes the development in detail, addresses flood matters and relationship of the development with trees on site.

3.0 PLANNING POLICY - 3.1 The site lies within an area designated on the Ramsey Local Plan (1998) as 'Predominantly Residential' and the site is not within a Conservation Area. The site is not within a registered tree area, and there are no registered trees on site. The majority of the site area, including the site of the proposed development is within an area susceptible to High Tidal flood risks as indicated on the IOM indicative Flood Maps. - 3.2 The draft Area Plan for the North and West identifies the house and site of the proposed development as Residential with the remainder of the garden as open space. - 3.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically relevant to the assessment of this current planning application: - 3.4 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016

• a. General Policy 2 - general standards towards acceptable development.
• b. Paragraph 8.12.1 - presumption in favour of extensions to existing property provided there would be no adverse impact on neighbours or the surrounding area.
• c. Strategic Policies 1, 2, and 5 - relate to re-use of existing sites, good design and regeneration of existing sites.
• d. Environment Policy 42 and Strategic Policy 3 - character and need to adhere to local distinctiveness.
• e. Environment Policy 3 - Protects woodland areas, especially ancient, natural and seminatural woodlands.
• f. Environment Policy 4 and 5 - protects ecology (including protected species and designated sites).
• g. Transport Policy 7 - need for appropriate parking provisions.
• h. Environment Policy 7 - provides guidance on developments situated near a watercourse, wetland, pond or dub.
• i. Environment Policies 10 and 13 - guide development in flood prone areas. The requirements for a flood risk assessment are set out in Appendix 4.

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 Regard will be given to the recently released Residential Design Guidance 2021 in development of new dwellings. - 4.2 IOM Biodiversity Strategy 2015 to 2025 seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary. Section 21 deals with Habitat loss actions through promoting a policy of 'no net loss' for semi-natural Manx habitats and species and to ensure that unavoidable loss is replaced or effectively compensated for.

- 5.0 PLANNING HISTORY

5.1 The site has been the subject of three previous planning applications:

• i. PA 22/01048/B for Erection of a double garage - Approved. The garage approved under this scheme is situated at a different location on site and would contribute further to the parking provision within garages on site, as the existing dwelling already has access to an integral double garage.
• ii. PA 88/00788/A for Approval in principle to erect a dwelling - Refused.

• iii. PA 90/00557/B for Alterations and extensions - Approved.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 The Department of Infrastructure (DOI) Highways Division have not made any written comments on the application, although they were consulted on 12 September 2023.

6.2 DOI Flood Risk Management note that the property is in a tidal flood zone, and request that the application should be conditioned so that the proposed build cannot be used as habitation. (25 September 2023). - 6.3 DEFA Fisheries confirm that they have no objections to this development from a fisheries perspective, provided that there is no adverse effect on the adjacent watercourse. They note that as the proposed works are in close proximity to the watercourse, precautions will be needed to reduce the possibility of harmful materials such as concrete or washings entering the river (17 October 2023). - 6.4 DEFA Arboricultural Officer has stated that the proposal does not pose a significant risk to the trees. They have no objections to the proposal, do not recommend any additional information is provided, and agree that tree protection measures are not necessary in this instance (16 November 2023). - 6.5 Manx Utilities Drainage have noted that the application form states that SW will be discharged to existing main surface water system, and advise that they have no public drainage in the area (26 September 2023).

• 6.5.1 In response, the Applicants agent has confirmed that the existing property is served by a septic tank, and that surface water is directed to the Sulby River with non-return valves to prevent flooding. The agent further notes that the proposed garage will connect into this system and not into the mains as suggested in the application form (29 September 2023).

6.6 Ramsey Town Commissioners have not made any comments on the application although they were consulted on 12 September 2023. - 6.7 No comments have been received from neighbouring properties.

- 7.0 ASSESSMENT

7.1 The main issues to consider in the assessment of this planning application are:

• i. Character and Appearance;
• ii. Impacts on the nearby watercourse;
• iii. Flood Matters;
• iv. Impacts on neighbours;
• v. Other Matters: Ecology/Trees/Highway Safety.

7.2 Character and Appearance (GP2, b, c, EP 42 and STP3 b)

• 7.2.1 In relation to the visual impacts of the development, the garden area where the garage would be situated is partly concealed from public views due to the thick line of trees and shrubbery on large parts of its boundary, although it is noted that views to the site and proposed building could be achieved from Poyll Dooey Road over the Pump House site across the Sulby River. Any views achieved would, however be read within the green backdrop provided by the mature trees on the eastern boundary which would soften the impact of the new dwelling on the site area given its proposed green cladding which will blend with the green backdrop offered by the trees.

• 7.2.2 Moreover, any views achieved from Poyll Dooey Road would also be read within a residential context and would be appropriate in terms of design, scale and massing for a detached garage, in conjunction with the dwellinghouse.
• 7.2.3 The finish of the garage in RAL Design 160-50-20 - Juniper Green coloured cladding would be a deviation from the dominant material for the finish of roof and external walls within the site which is mainly slate tiles and painted render walls. However, it is not uncommon to have such finish for outbuilding within large sites, particularly where they sit next to mature landscaping, largely undeveloped areas or in close proximity to countryside location.
• 7.2.4 Given the current context of the surrounding area which comprises woodland areas and large green open space, it is considered that development proposed within this planning application would not cause harm to the character of the site 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 Impacts on the nearby watercourse (EP 7)

• 7.3.1 In terms of potential impacts on the nearby river, it is considered that the proposed garage location is situated away from the existing watercourse with the site positioned such that any drainage would flow over and onto the existing hardstanding area for vehicular movement and parking and which benefits from existing drainage and as such it is not considered that the scale would be sufficient to significantly alter the drainage set up and create pollution concerns for the nearby watercourse. Besides, the proposed site area is enclosed by Manx stone boundary wall which would keep any water flow within the site.
• 7.3.2 DEFA Fisheries have indicated that they have no objections to the proposal, although they note the potential for adverse impacts on the adjacent watercourse from discharges from the application site. As such, a condition would be imposed to ensure that there is no discharge of surface water to the adjoining river during construction.

7.4 Flood Matters (EP 10 and 13)

• 7.4.1 In terms of potential flood concerns, the site is within an area prone to tidal flood risks and whilst the DOI Flood Risk Management team do not oppose the development, they have requested that a condition be imposed to control future residential use of the garage.
• 7.4.2 It is worth noting that the scheme does not propose residential use of the garage, however, given the potential hazards that could result should the garage be used for such use in the future, a condition would be imposed to ensure that the garage is retained for its intended use, and not be converted to residential use where the potential flood impacts on occupants would be increased over the proposed use for parking and workshop.

7.5 Impact on Neighbours (GP2)

• 7.5.1 There would be no impact on neighbouring amenity due to the nature of the development and the separating distance between the proposed garage and any neighbour. The existing mature landscaping on the boundary and the nature of the site topography would also screen the development from any of the neighbours, such that no adverse impacts would result to the neighbours.

7.6 Other Matters: Ecology/Trees/Highway Safety (EP3, GP2, & TP 7)

• 7.6.1 There would be no impacts of the site ecology as no trees or mature landscaping on site would be removed to enable the development. The scheme is also positioned such that there would be no future pressure on existing surrounding trees.

• 7.6.2 Also, the proposal would not result in adverse impacts on highway safety as the position of the garage relative to the existing dwelling on site and site layout would not impede views out of the site and onto the highway. As well, the scheme would ensure that there is

• sufficient parking on site to meet the requirements of Transport Policy 7 for residential properties.
• 8.0 CONCLUSION

8.1 Overall, it is concluded that the planning application accords with the relevant policies of the Isle of Man Strategic Plan 2016 and the principles promoted by the Residential Design Guide, and as such 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 in Article 4(2) who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management 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 : 28.11.2023 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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