20 July 2017 · Planning Committee
Golf Links, Brookfield Avenue, Ramsey, Isle Of Man, IM8 2ad
The site is an irregularly shaped, steeply sloping parcel (over 6m drop northwards) currently used partly as golf club car park and vegetated bank with trees, zoned as open space (golf course) in the Ramsey Local Plan.
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The proposal conflicts with Local Plan zoning for open space (golf course) but material considerations outweighed this, as the site's current use is utilitarian car park and poor-quality trees (remova…
Recreation Policy 2
Presumes against loss of public open space unless alternative provision made and overall community gain with no significant effect on provision/character/amenity. Officer noted no community gain but loss (car park edge/trees) not significantly harmful to golf operations (spare capacity) or area character, distinguishing from prior tennis court refusal.
General Policy 2
Requires development respecting site/surroundings in siting/layout/scale/design, no adverse character/amenity/highway impacts, incorporates topography/trees. Satisfied by bespoke stepped design matching roof pitches, 34m neighbour separation with retained vegetation, highway amendments, parking provision.
Environment Policy 4
Prohibits development adversely affecting protected/local species/habitats. Met as Senior Biodiversity Officer found no frog evidence/potential habitat only, Arborist confirmed low tree value; no international/national designations affected.
Environment Policy 42
New development must reflect local character/identity, no inappropriate backland or loss of green spaces contributing to amenity. Design acceptable but use (housing amid golf/car park) not predominant character; limited public access means change not visibly harmful to public amenity.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Pedestrian needs equal weight in design. Satisfied by amended 4.8m access with 1.35m footpaths both sides and lighting.
Transport Policy 7
Parking per Department standards. Achieved via conditions ensuring garages/3 spaces per dwelling and 80 club spaces laid out unobstructed.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Access road, footways and lighting
Prior to the occupation of any dwelling the access road, footways and lighting as shown on Drawing 3 Rev A (date-stamped as having been received 3rd April 2017) shall be constructed / installed and retained as such thereafter.
Approved access arrangement
For the avoidance of doubt, the arrangement of the access lane as described in Condition 2 shall be as shown on Drawing 3 Rev A (date-stamped as having been received 3rd April 2017), and not that as shown on Drawing 2 Rev A (date-stamped as having been received 14th October 2016). That approved arrangement shall be retained as such thereafter.
Lighting details
Prior to the installation of the lighting mentioned in Condition 2 and as shown on Drawing 3 Rev A (date-stamped as having been received 3rd April 2017), details of the lighting proposed shall be submitted to and approved in writing by the Department.
Garages, parking and manoeuvring
Prior to the occupation of any dwelling the garage, car parking and manoeuvring areas as shown on Drawing 3 Rev A (date-stamped as having been received 3rd April 2017) shall be provided and remain free from obstruction thereafter.
Tree planting
The tree-planting hereby approved, and as shown on Drawing 3 Rev A (date-stamped as having been received 3rd April 2017), shall be undertaken during the first planting season.
Tree protection measures
The protection measures and construction methods detailed in the Tree Survey and Report prepared by Manx Roots Tree Management Limited (date-stamped as having been received on 24th November 2016) shall be adhered to in full, subject to the pre-arranged supervision detailed in Section 8 and Appendices 5 and 7 of that Report.
Retained tree protection
No tree proposed to be retained (as shown on Drawing 2 Rev A, date-stamped as having been received 14th October 2016) shall be cut down, uprooted, or wilfully destroyed during the development phase and thereafter within 5 years from the completion date, unless otherwise approved in writing by the Department. Any tree that is cut down, uprooted, or wilfully destroyed during the development phase shall be replaced with one of similar species and age during the next planting season and in accordance with details to be agreed in advance with the Department.
Sewer diversion
Prior to the commencement of the development hereby approved, a plan showing the proposed sewer diversion shall be submitted to and approved in writing by the Department. The diversion works shall be undertaken in accordance with the approved details.
Golf club car parking spaces
Prior to the occupation of any of the dwellings hereby approved, the car parking spaces as shown on Drawing 3 Rev A (date-stamped as having been received 3rd April 2017) shall be laid out and retained as such thereafter.
Materials samples
Prior to the commencement of any of the dwellings hereby approved, samples of all finishes to be used on the dwellings hereby approved must be provided to the Department. The dwellings shall be constructed in accordance with those approved details.
No objection following amended plans showing 4.8m access, 1.35m footpaths, lighting, and requested conditions on access/parking
No objections following site meeting and Arborist Report; trees to be removed are poor/small specimens
No ongoing concern after Manx Wildlife Trust report; no evidence of frogs, consider nesting birds for clearance timing
No objection after site meeting and '9m within watercourse' form; site further from stream than thought, precautions in place
Content subject to condition for sewer diversion to MU requirements prior to works, feasible within site without nearing dwellings
No objection
Manx Utilities objects to the proposal due to existing sewer and watercourse pipes crossing the site requiring diversion and survey; Highways defers pending access improvements; DEFA Biodiversity requests frog spawning evidence; other consultees have no objection.
Key concern: 900mm service/watercourse pipe and 225mm foul sewer crossing proposed building land
Manx Utilities
ObjectionUnfortunately, we are unable to pass positive comments on the current proposal due to a 900 diameter service/watercourse pipe and a 225 diameter foul sewer that crosses the land that you propose to build on; please submit a proposal to divert the existing watercourse and sewer; we will need to undertake a complete survey in the area but this may take several weeks
Conditions requested: submit a proposal to divert the existing watercourse and sewer
Department of Infrastructure Highways Division
Conditional No ObjectionIt is unusual to have the only pedestrian and vehicle access to a dwelling via a private car park; any reduction from 5.5m, other than to provide a pedestrian footway, is to resisted; It is recommended that a width of 4.8m is provided with 1.35m footways on each side
Conditions requested: access width of 4.8m with 1.35m footways on each side; continue footway from access road to dwellings along car park boundary with lighting; continue southside footway to meet footpath to clubhouse
DEFA Senior Biodiversity Officer
Conditional No ObjectionFrogs, and their places of shelter or protection, are protected under Wildlife Act; There is therefore insufficient detail to assess this element, currently; a report of records for the site would be a simple matter
DEFA Inland Fisheries
Conditional No ObjectionDEFA Fisheries have no objection to the proposed development, provided that these precautions are followed and there is no disturbance of the watercourse
Conditions requested: follow precautions on 'Development within 9m of a Watercourse' form to reduce possibility of harmful materials entering stream; no disturbance of the watercourse; contact DEFA when works commence
Ramsey Town Commissioners
No Objectionhave no objection to the proposal
Ramsey Town Commissioners
No Objectionhave no objection to the amended plans
The original application by Ramsey Golf Links Ltd for three new split-level dwellings, golf club car park improvements, and access alterations on steeply sloping scrubland within the golf club car park was approved by the Department of Environment, Food and Agriculture despite conflicting with the Ramsey Local Plan's open space zoning. Appellants Mr & Mrs Bevan, neighbouring residents, argued against the development citing loss of open space, street lighting, overlooking, drainage, retaining wall stability, construction risks, and parking issues. The Planning Authority and applicant defended the approval, emphasising the site's unsuitability for open space use, sufficient car parking capacity, acceptable design, and minimal impact on amenities with material considerations outweighing the zoning conflict. The Inspector assessed character/appearance and living conditions, finding no material harm and that benefits including golf club improvements outweighed the Local Plan non-conformity. The appeal was dismissed on 25 October 2017, upholding the approval with 12 conditions addressing lighting, access, parking, trees, sewers, finishes, and retaining wall stability.
Precedent Value
This appeal demonstrates that Local Plan zoning conflicts can be overridden by strong material considerations like site unsuitability, amenity benefits, and infrastructure improvements, especially with robust technical evidence and conditions. Future applicants on awkwardly-zoned urban-edge sites should prioritise parking data, ecological/highway consultee approvals, and conditional safeguards for neighbour concerns.
Inspector: Ruth V MacKenzie BA(Hons) MRTPI
