Officer Report

Application No.: 16/01415/REM Applicant: Alan Cope Esq. Proposal: Reserved matters application for the erection of a dwelling on plot 3 Site Address: Plot 3 Land Adj To Brookfield Court Claughbane Drive Ramsey Isle of Man Case Officer : Mr Chris Balmer Photo Taken: 11.01.2017 Site Visit: 11.01.2017 Expected Decision Level: Planning Committee

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE DIRECTOR OF PLANNING AND BUILDING CONTROL DIRECTORATE

1.0 SITE - 1.1 The site represents Plot 3 which is a parcel of undeveloped land adjacent to Brookfield Court, Brookfield Avenue, Ramsey located on the eastern side of Claughbane Drive and south of Brookfield Court. The site forms part of a larger site which has been split into four plots. - 1.2 The overall site currently has a 1 metre high timber fence which runs along the north, south and western boundaries of the site. The character of the site is open space, made up of grasses and willow plants. - 1.3 A public footpath runs along the northern boundary of the site providing pedestrian access from Claughbane Drive and Laurys Avenue. - 1.4 To the north, east and south of the site there are residential properties. To the west is Claughbane Drive and on the opposite side of the road is an area of public open space, which was provided as part of 'The Pavilion's' residential development to the west. Accordingly, when travelling along Claughbane Drive the application site and the 'The Pavilion's' open space provide a collective green space, between the surrounding existing residential development and on either side of Claughbane Drive.

2.0 PROPOSAL - 2.1 The application seeks reserved matters application for the erection of a dwelling on plot 3. The proposal would be a dormer bungalow with accommodation within roof space, having a rectangular footprint having a depth of 13 metres, a width of 9.4 metres and a roof ridge height of

5.5 metres. The dwelling would be finished with a mixture of painted render, charcoal/black brickwork, hardwood shiplap boarding and concrete roof titles.

3.0 LAND USE ZONING / PLANNING POLICIES - 3.1 The application site is within an area recognised as being an area of "Predominately Residential", under the Ramsey Local Plan. The site is not within a Conservation Area. - 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains the following policies that are considered specifically material to the assessment of this current planning application: - 3.3 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 underused 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."

3.4 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." - 3.5 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." - 3.6 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;
• (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."

3.7 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."

3.8 Ramsey Local Plan - Policy R/R/P3: Infill/Backland Sites states; "Within areas zoned for Predominately 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 the submission of any application."

4.0 PLANNING HISTORY - 4.1 The following previous planning applications are considered relevant in the assessment and determination of this application: - 4.2 Approval in principle for four detached dwellings with associated parking addressing siting and means of access - 15/01392/A - APPROVED at APPEAL. The Minister considered that a significant period of time had passed since the original approval was granted, the site did not benefit from a landscaping scheme and there was a strong prospect that no such landscaping would be forthcoming. He concluded that the site offered limited, if any positive amenity value and that the loss of open space would not be harmful to the character and appearance of the locality. He also noted that the scheme would not greatly alter the actual average density (in terms of occupation) of the surrounding area. - 4.3 Approval in principle for residential development to provide four detached dwellings with integral garaging - Land Adjacent To Brookfield Court, Brookfield Avenue, Ramsey - 08/01795/A REFUSED AT APPEAL for the following reasons:-

1. "It is considered that the piece of land referred to in this application creates a "breathing space", the development of which would remove an area of open space which was included in the original layouts for the area, and contributes to the visual amenity of the street scene. The loss of this land would result in a loss of open space to the detriment of current residents. It has been established that the building of dwellings should be directed to sustainable locations and the Department is currently undertaking new area plans for the whole island, which will consider the potential need for additional housing. Since the area plans have not been established and are still on going and since not all of the smaller "breathing spaces" have been developed, the release of this site for housing is considered premature at this stage as, in the absence of it being proven that there is a need for the proposed housing that could not be met on a preferable site, the proposed development would be contrary to Policy R/R/P3 of the Ramsey Local Plan (Planning Circular 2/99), Environment Policy 42 and General Policy 2 of the Isle of Man Strategic Plan (June 2007)."

4.4 Approval in principle for erection of six houses - 01/02334/A - land adjacent to Brookfield Court, Brookfield Avenue, Ramsey - REFUSED AT APPEAL for the following reasons:-

1. "Although the site is within an area designated for predominantly residential use by the Ramsey Local Plan, it is an area of amenity space which was included in the original layouts for the area as open space, and which acts as a breathing space in a built up area; development of the site as proposed would thus result in a loss of open space to the detriment of current residents, and would be contrary to the provisions of Policy R/R/P3 of the Ramsey Local Plan."

4.5 Approval in principle for erection of seven houses - 01/00402/A - land adjacent to Brookfield Court, Brookfield Avenue, Ramsey - REFUSED AT REVIEW for the following reasons:-

• 1. "Although the site is within an area designated for predominantly residential use by the Ramsey Local Plan, it is an area of amenity space which was included in the original layouts for the area as open space, and which acts as a breathing space in a built up area; development of the site as proposed would thus result in a loss of open space to the detriment of the current residents, and would be contrary to the provisions of Policy R/R/P3 of the Ramsey Local Plan.
• 2. There is insufficient car parking provision indicated on the submitted plan as to accommodate the demand likely to be created by the proposed development, and would thus result in parking outside the site and on the access lane to the detriment of other road users."

5.0 REPRESENTATIONS - 5.1 The Ramsey Commissioners have no objections but make the following observations (received on 27.01.2017):-

• "A landscaping drawing should be provided which is appropriate for all plots. The boundary fencing as indicated on the submitted drawing should be installed as part of the development to establish boundaries between each plot and should not be of such a height as to impede traffic visibility."
• 5.2 DOI Highways Services do not objection subject to conditions and make the following comments (07.02.2017); "The proposal is to erect a single dwelling house on a plot that has approval in principle under PA 15/01392/A. There will be at least 2 car parking spaces available to the dwelling. Highway Services does not oppose the application subject to the following conditions:

• 1. Prior to the occupation of the dwelling the visibility splays shown on Kinrade Associates drawing no SM16/402/2 shall be constructed and shall remain unobstructed at a height of 1.05m thereafter. Reason: In the interest of highway safety
• 2. Prior to the occupation of the dwelling the car parking and manoeuvring areas shall be provided and remain free from obstruction thereafter.

Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety."

5.3 The owner/occupier of 23 Laury's Avenue, Ramsey, has objected (received on 26.01.2017) to the application: anything built on the property will affect my property; congestion on that road is too much for a small estate so adding to it is just a hazard waiting to happen; loss of privacy and light; object to any planting and kerbs being planted on the fence line to my property and drainage concerns. The objector also refers to their previous objections which are; Several applications in the past 27 years all of which have been refused on the basis that development of the land would be detrimental to the area; low level of natural breathing spaces in the general area around Claughbane Drive; surface water run-off and sewerage drains in this area are diabolical, the proposed development would connect into existing systems which are already inadequate to cope with the existing problems; flooding of the adjacent highway is common; nothing has changed in the last 27 years, either to the land, policies, drainage etc; the proposed tree planting is insufficient as proposed; the proposed car parking spaces at the back of the properties will cause nuisance and fumes into the gardens of Nr 22 and 23 Laury's Avenue gardens; the land used to be played on by local children till the applicant fenced off the whole site; There is land in Ramsey allocated for Residential development which has not yet been developed; plenty of housing for sale in Ramsey and there is no need for further housing; since the permissions was given on the adjacent site for 15 flats the traffic levels have increased and parking is a real issue at all times; highway safety concerns of additional traffic; concern of position of site notice; and the site should be kept as open space and breathing space rather build up an already congested area. - 5.4 The owner/occupier of 11 Fairway Drive, Ramsey, has objected (received on 17.01.2017): highway safety concerns relating to additional traffic and parking of vehicles on the opposite side of the road to the new houses; plots 3 & 4 drives close to bend in the road leading to Brookfield nursing home; mina sewer under site how is this being treated; no parking for visitors so people will park on very busy road and bus route; and the development is leaving planting and shrubs, trees and landscaping to the individual plot owners, how will this be monitored.

- 6.0 ASSESSMENT

PRINCIPLE OF DEVELOPMENT AND THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA

6.1 Approval in Principle (15/01392/A) has recently been granted by the Minister for four dwellings on the overall site, which also includes siting and means of access. Accordingly, in terms

• of the principle of the development, access arrangements and the siting of the dwellings these are all matters which have been approved.
• 6.2 In terms of the size, form, proportion, finish and design of the dwelling and the potential visual impact it would have upon the street scene; it is noted that each of the dwellings on the four plots are dormer styled bungalows, albeit each are different in footprint, mixture of finishes albeit have similar design theme throughout. What results is arguably a more contemporary bungalow design which is considered would fit well within the street scene, one that is currently made of various styles of properties, ranging from two and three storey Victorian terraces, 1930's style semidetached properties, to 1970's styled bungalows and through to more modern large apartment blocks. The proposal/s would represent a continuation of the mixture of built development which has taken place over a significant period of time. POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES
• 6.3 In terms of the properties most likely to be affected by the dwelling on Plot 3, these would be Nrs 23 & 22 Laurys Avenue to the east of the site. Nr 22 directly adjoins the application site, as does Nr 23 but only a small section.
• 6.4 The proposed dwelling would be approximately 21 to 25 metres from the two neighbouring properties (including the rear sun room extension to rear of Nr 23 - not shown on submitted drawings). It is also noted that these two neighbouring properties floor levels are set above the application site. A two metre high fence was also noted when visiting the area along the rear boundary of Nr 23. Along Nr 22 the boundary comprises of a substantial and mature hedgerows/bushes.
• 6.5 The dwelling proposed on Plot 3 will have an impact upon both neighbouring properties, especially Nr 22 which current has open views over the site and beyond. However, given the design, size, and height of the proposed dwelling and the gap retained between the two neighbouring properties; it is considered the impacts i.e. overlooking, overbearing impact upon outlook and/or loss of light would not be so significant to warrant a refusal. POTENTIAL IMPACT UPON HIGHWAY SAFETY
• 6.6 The access arrangements are already approved. These are shown again on the submitted plans indicating visibility splays of 2.4 x 36m in either direction. Highway Services have no objection to these, not to the additional traffic generate by the four dwellings onto the surrounding public highways. Accordingly, it is considered the application from this respect is acceptable.
• 6.7 In terms of parking arrangements; the plans do show driveway layouts / turning areas and also state that each dwelling would have two off road parking spaces and tuning provision for each dwelling. These provisions would be in accordance with the Isle of Man Strategic Plan parking standards. POTENTIAL DRAINAGE/FLOODING CONCERNS
• 6.8 In relation to drainage issues, these were considered previously, where the Inspector stated: "…it would appear that technically the applicant has satisfied MU that all of the necessary connections and diversions are possible."
• 6.9 Also the Inspector stated:

"The sewage system also seem capable of taking another four dwellings since if this was not been the case MU would have indicated this to be the case. If any scheme for this site were to be granted planning approval the Building Control section of PBCD would have to consider the issue in detail.".

6.10 Regarding flooding concerns, again this issue was considered previously were the Inspector stated:

• "With regard to flooding there is no dispute that there is a problem in this part of the residential estate. It is said to emanate from issues near the Ramsey Hairpin and MU are understood to be working on a solution. The Appellant indicates that MU does no consider that the proposed development would add to the flooding problems. This seems logical and although a solution might be found, any new occupants of the proposed dwellings could be subject to the same flooding issues as existing residents."
• 6.11 Finally the Inspector states: "In conclusion on these utility, drainage and flooding matters, it seems to me that subject to certain works being carried out to the satisfaction of MU and MU resolving the flooding problem, there cab be no objection to the development of this site for housing."
• 6.12 Accordingly, from these comments and as Building Control would consider this issues in further detail and the applicant would also need permission from Manx Utilities to alter/divert any foul or surface water drain; it is considered there is other legalisation/mechanisms which would deal with this matter and is not a reason to refuse the application now.

- 7.0 RECOMMENDATION

7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle of Man Strategic Plan Order 2016 therefore it is recommended that the application be approved. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) 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;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Division of the Department; and
• (e) The local authority in whose district the land the subject of the application is situated.

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.

8.3 In line 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 23 Laury's Avenue, Ramsey - 8.4 In line 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 not 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 11 Fairway Drive, Ramsey

Recommendation Recommended Decision: Permitted Date of Recommendation: 10.04.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• C 2. Prior to the occupation of the dwelling the visibility splays shown on Kinrade Associates drawing no SM16/402/2 A shall be constructed and shall remain unobstructed at a height of 1.05m thereafter. Reason: In the interest of highway safety
• C 3. Prior to the occupation of the dwelling the car parking and manoeuvring areas as shown on Kinrade Associates drawing no SM16/402/2 A shall be provided and remain free from obstruction thereafter.

Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.

• C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• C 5. All planting, seeding or turfing comprised in the approved details shone on drawing Sm16/402/2 A must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: To ensure the provision of an appropriate landscape setting to the development.

This approval relates to drawings reference numbers SM16/402/2 A SM16/404/1 B and 01 A received on 3rd March 2017 and 23rd February 2017.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Permitted Committee Meeting Date: 24.04.2017

Signed : C Balmer Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

Planning Committee Decision 24.04.2017

Application No. : 16/01415/REM Applicant : Alan Cope Esq. Proposal : Reserved matters application for the erection of a dwelling on plot 3 Site Address : Plot 3 Land Adj To Brookfield Court

Claughbane Drive Ramsey Isle of Man Presenting Officer : Mr Chris Balmer Addendum to the Officer’s Report

Post Planning Committee it was noted that the recommended Condition 1 in the officer's report was incorrect and related to the suspension of the Permitted Development Order. It should have referred to the Commencement of the works.

Conditions of Approval

• 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2.Prior to the occupation of the dwelling the visibility splays shown on Kinrade Associates drawing no SM16/402/2 A shall be constructed and shall remain unobstructed at a height of 1.05m thereafter.

• Reason: In the interest of highway safety
• C 3. Prior to the occupation of the dwelling the car parking and manoeuvring areas as shown on Kinrade Associates drawing no SM16/402/2 A shall be provided and remain free from obstruction thereafter.

Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.

• C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• C 5. All planting, seeding or turfing comprised in the approved details shone on drawing Sm16/402/2 A must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved dwelling, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: To ensure the provision of an appropriate landscape setting to the development.

This approval relates to drawings reference numbers SM16/402/2 A SM16/404/1 B and 01 A received on 3rd March 2017 and 23rd February 2017.