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16/00441/A
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/00441/A Applicant : The Estate of the late Mrs M B Strickett Proposal : Approval in principle for the erection of a detached dwelling addressing siting and means of access Site Address : Land to rear of Trammon Walpole Road Ramsey Isle of Man
Case Officer : Mr Chris Balmer Photo Taken : 24.05.2016 Site Visit : 24.05.2016 Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site comprises land which is currently utilised as a rear garden for the residential property of Trammon which is located to the north-eastern side of Walpole Road within Ramsey. To the west of the site is Walpole Close which is not an adopted highway but in private ownership.
1.2 The site is characterised as a flat parcel of land which is lawned and used a private garden. The boundaries of the site are made up of a mixture of timber fences and landscaping all varying in height. Within the site are a number of fruit trees.
2.0 THE PROPOSAL 2.1 The application seeks approval in principle for the erection of a detached dwelling addressing siting and means of access.
2.2 In terms of the siting of the dwelling it would be located almost centre of the plot and located approximately 25.5 metres from the rear elevation of Trammon. The dwelling would be accessed via the existing access which currently serves Trammon, this would be altered by increasing the width from 3 metres to 6 metres. Part of the existing driveway, which runs along the northerly gable wall of Trammon, would be used and extended further along the north western boundary of the site to provide access to the new dwelling to the rear. The extension of the driveway would result in the demolition of the existing garage building and garden shed. A new parking area would be located behind Trammon to serve this existing property due to the loss of the garage and driveway.
2.3 The footprint of the proposed dwelling would have a width of 7 metres, a depth of 10 metres. No details are submitted in terms of height or design.
3.0 PLANNING HISTORY 3.1 There are no previous planning applications which are considered specifically material to the assessment of this current planning application.
4.0 PLANNING POLICY
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4.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Ramsey Local Plan Order 1998. The plan contains one policy that is considered specifically material to the assessment of this current planning application.
4.2 Policy R/R/P3, which relates to the development of infill and back land sites, states:-= "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 site should form the subject of consultation with the Office of Planning prior to the submission of any application."
4.3 The Isle of Man Strategic Plan 2007 contains the following relevant policies that are considered specifically material to the assessment of this current planning application.
4.4 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(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
4.5 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
4.6 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."
4.7 The supporting text to EP42 is perhaps worth noting:
"'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."
"'Tandem development' (consisting of one house immediately behind another, and sharing the same access) is generally unacceptable because of the difficulties of access to the house at the back, and the disturbance and lack of privacy suffered by the house in front."
4.8 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;
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(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."
4.9 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
(a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
(b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
(c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
4.9 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
5.0 REPRESENTATIONS 5.1 The Department of Infrastructure Highways Division do not oppose the planning application (on 28.04.2016) subject to the following condition being attached: "Prior to any construction the access shown on drawing no SM15/367/3 dated March 2016 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter. Reason: In the interest of highway safety"
5.2 The Ramsey Commissioners have objected (on 23.05.2016): poor outlook, inadequate access as a result of a tandem development and does not comply with the Ramsey Local Plan or the Isle of Man Strategic Plan.
5.3 The owner/occupier of Pharos, Walpole Road, Ramsey object (on 17.05.2016); consider the gardens to the rear of the properties could not be built on as they were considered 'greenfield sites' should the proposal be two or more storeys then this would have an impact on the surrounding properties regarding privacy; and how would emergency services gain access due to narrowness of Walpole Road and existing parking issues.
5.4 The owner/occupier of Fairwinds, Walpole Road, Ramsey object (on 05.05.2016); greater traffic past the side of my house; potential overlooking and congestion at the access.
5.5 The owner/occupier of 4 Walpole Road, Ramsey object (on 05.05.2016); considered the site was designated as "Green Belt" site; the increased of Tarmac areas will increase flooding of the area and my property; concerns of structural issues to their property by the construction of the dwelling; noise pollution due to additional cars; concerns cars would reverse onto Walpole Road causing highway safety concerns; how would emergency services gain access due to narrowness of Walpole Road and existing parking issues; removal of privet hedge will also demolish existing wooden fence which I own; and whilst one could expect when buying a property next to a field that the site could be developed in the future, you would not expect such development when it is your next doors neighbours garden.
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5.6 The owner/occupier of Gien Mie, Walpole Road, Ramsey object (on 13.05.2016); what is attractive about Ramsey is its refreshing green with lots of trees and shrubs on reasonable sized and well maintained gardens; what isn't is being a motorist, Walpole Drive is too narrow because of the tramway which puts a stain on parking space and constantly calls for manoeuvring; the proposal would detract from the positive aspects while enhancing the most negative aspects.
5.7 The owners/occupiers of Firdale, Walpole Road, Ramsey object (on 11.05.2016); Policy R/R/P3 of the Ramsey Local Plan indicates there is a general presumption against development of natural 'breathing spaces' between established residential buildings Policy R/E/P3 considers important that backland and/or garden areas are protected from inappropriate residential development; comparable to development 15/01095/A which is current under appeal; our property adjoins the site by approximately 6 feet and aligns where the proposed turning area has been marked, headlights of cars will shin into our building which is a breach of privacy; egress to/from the property is too narrow, effectively a single lane road; no guarantees vehicles will exit in a forward gear onto Walpole Road; if building is not a bungalow then it will have a commanding view of its surroundings and again there is a privacy issue; and proposal will unnecessarily increase density when there is plenty of other land available for development elsewhere within the town.
6.0 ASSESSMENT 6.1 The following issues are relevant in the determination of this application; (a) principle of developing the site for residential purposes; (b) potential impact upon highway safety/parking provision; (c) potential impact upon the visual amenities of the street scenes; (d) potential impact upon neighbouring amenities; and (e) potential amenities for future occupants.
PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL PURPOSES 6.2 The first issue to consider is the general principle of residential development within the application site. In this respect, as stated earlier, the application site is located within a wider area designated as predominantly residential use under the Ramsey Local Plan. Furthermore, the Isle of Man Strategic Plan has been adopted (June 2007 & 1st April 2016). Within this document Strategic Policies 1 and 2 require that new dwellings be located within existing sustainable settlements. Spatial Policy 2 also indicated that outside Douglas development will be concentrated on a total of five 'Service Centres' to provide regeneration and choice of location for housing, employment and services, one of these service centres is Ramsey.
6.3 More recently, an update to the Isle of Man Strategic Plan 2016 has been undertaken and adopted, which identified that a total of 2440 new dwellings are required to be provided between the years of 2011 to 2026 in the east of the Island alone. A total of 5,100 dwellings are required over this same period throughout the Island. Given Douglas is regarded as the main employment and services centre for the Island, it is reasonable to consider the majority of these dwellings are likely to be provided in or around Douglas.
6.4 Accordingly, in terms of the principle of developing the site given the land use designation and being located within Ramsey there is a presumption in favour of any residential development. However, this is not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if the principle of the proposed single dwelling on the site is appropriate.
POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION 6.5 As for highway safety and car parking provision, it can be seen that the proposal Includes alteration to the existing vehicular access that currently serves Trammon only. Highway Services have raised no objection to the works or for the proposed single dwelling to use this access, essentially creating a shared access and driveway. Accordingly, given the lack of any objection to this proposed arrangement it is considered the proposal would be acceptable from a highway saftey perspective.
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6.7 In terms of off street parking provision the IOMSP requires each dwelling (including the existing property Trammon) to be provided with two off road parking spaces. The submitted indicative plans shows that such provision can be provided. Accordingly, the application complies with Transport Policy 7 and the parking standards of the IOMSP. Again Highways have raised no objection to the parking number or arrangements.
POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE STREET SCENE 6.8 The site is not especially apparent from public views given its location to the rear of the property Trammon and the neighbouring properties along Walpole Road. Given the application is in principle only and no details have been submitted in terms of heights and/or design, a full assessment cannot be made at this point. Any future detailed/reserved matter application would consider this aspect in full.
6.9 In terms of Policy R/R/P3 this deals with sites "which provide attractive, natural "breathing" spaces between established residential buildings". The site arguably does not provide this, given it is located to the rear of the Trammon and does not form a natural breathing space, especially when viewed from public views in the street scene, namely along Walpole Road. With regard to Environment Policy 42 this indicates that 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. Again given the site is located to the rear of the site and does not currently provide contribute to the visual amenity and sense of place of a particular area, it is difficult to argue that if an appropriately designed dwelling on the site; potentially a single storey bungalow, was proposed how this would have such an adverse impact to the visual amenities of the street scene to warrant a refusal. Consideration is also given as the site is designated as being within a predominately residential area and the IOM Strategic Plan encourages such development in existing sustainable areas.
6.10 In terms of the works to widen the existing entrance, there are no objections.
POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.11 This aspect is where there are substantial concerns and the properties most likely to be affected are the occupiers of Fairwinds which is immediately adjoining to the north-west of the site and the occupants of Trammon which the applicant currently owns.
6.12 The main area of concern relating to the occupiers of Fairwinds is the proximity of the proposed new driveway to their property and gardens given the driveway would run parallel with the boundary shared by both properties. This same issue applies to the occupants of Trammon. It needs to be noted that whilst the applicants current own Trammon, this property and the application property could be sold separately and therefore the planning department needs to consider on this application on this basis, as planning approvals run with the land and not with the applicants themselves.
6.13 Accordingly, the main issues are the likely noise and disturbances caused by the passage of cars up and down the driveway which runs approximately 35 metres along and between the boundaries of the existing two properties.
6.14 The property Fairwinds has a total of five windows and two doorways within its gable elevation which direct faces towards to the new driveway and which would be within 1 to 2 metres away. The windows appear to serve two bedrooms, a lounge window, hallway and a further living room to the rear. Accordingly, some of these rooms are primary habitable rooms which are more noise sensitive which would be affected adversely by the additional traffic generated throughout the day and night. Also the ground level of the driveway also seems to be above the ground level of Fairwinds, and therefore bonnets of any car would be above the cill levels of the ground floor windows of Fairwinds.
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6.15 The dwelling Trammon has no windows within its gable which direct adjoins the new driveway. The more likely concern is cars utilising the same access from Walpole Road and driving immediately past the front garden/elevation of the property and then continuing past the dwelling and running parallel to the rear garden to the rear and beyond. Again this is likely to result in adverse noise and disturbances to the occupants of Trammon.
6.16 An important consideration is the fact all the properties along Walpole Road have single accesses into their properties and then have parking either fronting the property or to the side of the property. This proposal would change this, by introducing a sizeable new parking and turning area within the existing rear garden of Trammon, which again has the potential to impact upon the amenities of Fairwinds especially when they use their rear garden. This coupled with the traffic generated by the new dwelling would result in a significant and adversely impact upon the amenities to warrant a refusal. The loss of the garden to Trammon is not considered to be a sufficient reason to refuse the application, as the property would retain a suitable sized garden.
6.17 As indicated within paragraph 4.6 of this report, the supporting text for Environment Policy 42 gives definitions of "backland development" and "Tandem development". In this case both are relevant to consider. Arguable the tandem development definition is more relevant, in that such development is described as "consisting of one house immediately behind another, and sharing the same access". This same supporting text indicates that such development "is generally unacceptable because of the difficulties of access to the house at the back, and the disturbance and lack of privacy suffered by the house in front." This one sentence describes the issues this application has in relation to both Fairwinds and Trammon and why it is considered to fail. Accordingly, it is considered the application is contrary to Environment Policy 42 and parts (g) and (h) of General Policy 2
6.18 It should be noted that if the proposed dwelling was able to utilise Walpole Close (unadopted and in private ownership) then this issue would be potentially more acceptable to the amenities of both Fairwinds and Trammon. Of course there would be a greater impact upon the amenities of 1 to 4 Walpole Close, but as this has not been proposed this issue has not been considered. It was discussed during pre-application discussions as concern was raised of the impacts upon residential amenities by havering a shared driveway (as proposed now); however, utilising Walpole Close has not been put forward at the application stage and therefore does not form part of the determination of this application.
6.19 Regarding the potential impact upon neighbouring amenities (loss of light, overbearing impacts and/or overlooking) through the physical built development of this site. As there are not details in terms of heights/design of the dwelling a full assessment cannot be made at this stage and such matters would be considered at a later planning application. However, if the application was approved, it is considered a condition should be attached which requires any dwelling being a single storey only.
POTENTIAL AMENITIES FOR FUTURE OCCUPANTS 6.20 Again as not detail drawings have been submitted, which includes details of the layout/design of the dwelling, this aspect cannot be considered in full at this stage. However, at this stage the department is comfortable that a dwelling could be designed on the site which would have sufficient external and internal amenity spaces have acceptable outlooks and amenities.
7.0 RECOMMENDATION 7.1 Overall, it is considered the proposal would result in a unacceptable impact upon the residential amenities of both the occupants of Fairwinds and Trammon due to the noise and disturbances caused by the passage of cars up and down the driveway. Furthermore the introduction of the rear parking area serving Trammon, would introduce the likelihood of further noise and disturbances to Fairwinds. It is therefore recommended that the application be refused.
8.0 PARTY STATUS
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8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: o The applicant, or if there is one, the applicant's agent; o The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and o The local authority in whose district the land the subject of the application is situated.
Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
The owner/occupier of Fairwinds, Walpole Road, Ramsey The owner/occupier of 4 Walpole Road, Ramsey The owner/occupier of Pharos, Walpole Road, Ramsey The owner/occupier of Gien Mie, Walpole Road, Ramsey The owners/occupiers of Firdale, Walpole Road, Ramsey
Recommendation
Recommended Decision:
Refused Date of Recommendation: 27.07.2016
R 1. By virtue of the siting, length and proximity of the new driveway and the new rear parking/turning area to the residential properties of Fairwinds and Trammon it is considered the likely noise and disturbances caused by the passage of cars up and down the driveway and manoeuvring into the rear parking spaces would adversely affect the living conditions of those residing at Fairwinds and Trammon and be contrary to Environment Policy 42 and also parts (g) and (h) of General Policy 2 of the Isle of Man Strategic Plan 2016.
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I can confirm that this decision has been made by the Interim Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused
Date : 28.07.2016
Determining officer
Signed : J CHANCE
Jennifer Chance
Interim Director of Planning and Building Control
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