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19/00009/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00009/B Applicant : Mr Ian Piercy Proposal : Erection of a single dwelling on land adjacent to Rheast Mooar House Site Address : Rheast Mooar House Andreas Road Ramsey Isle Of Man IM8 3UA
Planning Officer: Mr Owen Gore Photo Taken : 28.02.2019 Site Visit : 28.02.2019 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.04.2019 __
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Reason: In the interests of the character and appearance of the site and surrounding area in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
C 3. No tree shown as retained on the submitted drawing P03 - Tree Protection Plan, date- stamped as having been received 29 January 2019, shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase, other than in accordance with the approved plans and particulars. In the event that retained a tree becomes damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
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Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
C 4. Prior to the commencement of the development hereby approved, an Arboricultural Method Statement, prepared in accordance with the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations) by a suitably qualified and experienced tree specialist, shall be submitted to and approved in writing by the Department. This method statement shall be based on the approved Tree Protection Plan (drawing P03). Thereafter, the protective measures and construction methods shall be implemented in strict accordance with the approved details.
Reason: To ensure that there is sufficient technical information for the trees marked as being retained to be adequately protected and to ensure that the protective measures are implemented in a timely manner and for the duration of the construction in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
C 5. Prior to the commencement of the development, a suitably scaled site plan showing the visibility splay for the existing access shall be submitted to and approved in writing by the Department. Thereafter the visibility splay identified on the submitted plan shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1m in height above adjoining carriageway level.
Reason: In the interests of highway safety in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
C 6. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
N 1. The applicant is reminded of their responsibilities under Wildlife Act 1990, in particular Section 9; under this section it is an offence to intentionally or recklessly destroy or damage a bat roost.
Plans/Drawings/Information;
This planning permission relates to the following plans and documents: -
Planning/Design and Access Statement Drawing P03 - Site Plan as Proposed Drawing P14 - Location Plan, Proposed Floor Plans & Proposed Elevations Date-stamped as having been received 07 January 2019
Tree Protection Plan Date-stamped as having been received 29 January 2019
Tree Survey, including retained trees, Pruning Schedule, Survey Data Table and Drawing No.TS-201208 - Tree Constraints Plan Date-stamped as having been received 28 February 2019
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
No.6, No.7 & No.8 Thornhill Close, Ramsey, IM8 3LA, as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). __
Officer’s Report
1.0 SITE 1.1 The site forms part of the residential curtilage of Rheast Mooar House. The application site is square in shape and approximately 1378m2 in size. The site is located on a corner plot with Andreas Road to the west and Rheast Mooar Lane to the south. Access is via an entrance to the south-western corner of the site onto Andreas Road.
1.2 The site is mainly characterised by a number of large mature trees cutting through the site and along the northern boundary of the site. The majority of the site had previously been lawned garden with some mature planting along the southern and western boundaries; however following the acceptance of the planning permission ref: - 15/01095/A for the approval in principle for a dwelling, the site has been subdivided and has become overgrown.
1.3 To the eastern part of the site is the main dwelling Rheast Mooar House. This is a traditional two storey property, with dormer accommodation within the roof space and with single storey wings to both gable elevations. The dwelling has full two storey projection bay windows to the front elevation. The finish is painted render with a slate roof finish. The site is not within a Conservation Area nor is the property Registered.
2.0 PROPOSAL 2.1 The application full planning permission to formally subdivide the site from the curtilage of Rheast Mooar House and for the erection of a detached dwelling. The proposal would essentially split the application site into two, with the new dwelling sited within the western part of the site.
2.2 The dwelling and parking area are situated at the south of the site with the amenity area to the north. The proposed dwelling would utilise the existing access onto Andreas Road. The previous proposal under planning permission ref: - 15/01095/A, included the creation of a new access onto Rheast Mooar Lane (one way road) which would serve Rheast Mooar House; this has since been implemented.
2.3 The proposed dwelling will be three storeys comprising of a ground floor, first floor and the second floor within the roof space. The ground floor will include living room, garage, W/C, utility and family room/dining/kitchen; the first floor will include four bedrooms, all with en- suite; the second floor will include two further bedrooms, one with en-suite and an area for services.
3.0 PLANNING POLICY Local Area Plan - Ramsey Local Plan 1998 Site Designation - 'Predominantly Residential'
3.1 The following policies are particularly relevant to this proposal:-
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Ramsey Local Plan of 1998 R/R/P3 - Infill/Backland sites R/E/P3 Backland Development and Development in the Grounds of Houses
Isle of Man Strategic Plan 2016 General Policy 2 (GP2) - Development within land-use zones; Strategic Policy 1 (SP1) - Best use of resources; Strategic Policy 2 (SP2) - New development within existing towns and villages; Housing Policy 4 (HP4) - Housing within existing towns and villages; Environment Policy 42 (EP42) - New development in existing settlements.
3.2 The Department has recently published its Residential Design Guidance (March 2019). This document is not a Planning Policy Statement (as per Section 3 of the Town and Country Planning Act 1999) but is capable of being an 'other material consideration' (as per Section 10(4) (d) of the Act). Section 7.0 'Impact on Neighbouring Properties' of this document contains two parts which in particular are considered to be relevant to this proposal. Parts 7.4 'Overbearing Impact upon Outlook' and 7.5 'Overlooking Resulting In a Loss of Privacy'.
4.0 PLANNING HISTORY
15/01095/A - Approval in principle for the erection of a detached dwelling and creation of a vehicular access for Rheast Mooar House - Approved at Planning Committee 19 November 2015 and upheld at appeal 11 May 2016.
5.0 REPRESENTATIONS 5.1 Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.2 Ramsey Town Commissioners have stated that they have no Objection, in the letter dated 18 January 2019 & 25 March 2019. The comments continue by stating 'A visibility splay be provided to comply with D.o.I requirements on a main arterial road'.
5.3 The Department of Infrastructure (DOI) Highways Division stated that they do not oppose, subject to condition in the memo dated 28 February 2019.
5.4 The Department of Environment, Food and Agriculture (DEFA) Arboricultural Officer initially commented on the application in their email dated 23 January 2019. In the initial comments, the officer confirmed acceptance of the proposed removal of a large, mature turkey oak and a smaller beech on the southern boundary, but objected to the proposed removal of a cluster of elms to create a turfed amenity area. It was recommended that a tree removal/retention plan and a tree protection plan be submitted.
5.5 The follow up comments in the email dated 24 January 2019 reiterated the request to retain the elms and to provide the above details. The final comments dated 11 April 2019 states that follow up information provided by the applicant is acceptable and suggested several conditions.
5.6 The Department of Environment, Food and Agriculture (DEFA) Ecosystems Policy Officer commented on this application in the email dated 25 January 2019. These comments raised concern about the removal of the mature trees within the copse that runs along the north of the site and requests that consideration be given regarding bats and their roosts.
5.7 There have been three objections from the dwellings No.6, No.7 & No.8 Thornhill Close. The principal planning points made are as follows: - o Impact on view; o Impact to the values of existing property;
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o Impact on light; o Overlooking; o Overbearing; o The size of the proposed dwelling would be out of scale and out of character; o Loss of garden for Rheast Mooar House and future precedent for garden grabbing; and o Impact to ambience the Grove Rural Life Museum, which is a Manx National Heritage owned building.
6.0 ASSESSMENT Principle of Development 6.1 The application site is located within a settlement and within an area that is designated as 'Predominantly Residential' within the Ramsey Local Plan 1998.
6.2 Strategic Policy 1 states that development should make the best use of resources by optimising the use of unused and under-used land being located so as to utilise existing and planned infrastructure, facilities and services. Strategic Policy 2 and Housing Policy 4 both encourage new development, particularly new housing, to be located primarily within existing towns and villages.
6.3 There has been a previous planning permission on the site granting approval in principle for a new dwelling on this site, which was considered the then proposal acceptable despite the presumption against the development of backland development within the Ramsey Local Plan and the loss of amenity space for the existing dwelling, Rheast Mooar House. Therefore the principle is acceptable, subject to the considerations below.
Character and appearance 6.4 The character of the part of Andreas Road is medium to large dwellings on spacious plots that are set back from the highway. The buildings are largely bungalows but do not have a uniform design style, excluding Rheast Mooar House to the east of the plot; there is a leafy suburban feel as the area becomes more rural to the north of Ramsey.
6.5 The siting of the dwelling has been set back from the principle highway and will maintain the existing historic entrance gates that previous served Rheast Mooar House. There will be some trees to the south of the site that will be removed; however the majority of trees that form the band to the north of the site, will remain in place
6.6 The design of the proposed dwelling will be two storey with projecting gables to the front; it will be finished in a mixture of render and cladding, and a tiled roof. The plans show the cladding as dark vertical timber boarding and the roof tiles as slate coloured material; however the applicant has stated that there is some ongoing research regarding the availability of materials and therefore a materials condition would be required.
6.7 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings. In this respect, the proposal complies with GP2.
Impact on neighbours 6.8 The dwelling is orientated with the front facing west and rear facing east. The proposed dwelling will have a significant amount of glazing, including a side window on the north gable at the top of the elevation and two large gable windows on the west elevation. To the west of the property is Andreas Road and to the south is Rheast Mooar Lane, beyond which are fields.
6.9 The closest neighbours to the site are No.7 & No.8 Thornhill Close to the north and Rheast Mooar House to the east. The side elevation of the proposed dwelling is approx. 21m from the northern boundary and is between 26 and 28 metres away from the dwellings at No.7 & No.8 Thornhill Close; the rear of the proposed dwelling is approx. 35m away from Rheast Mooar House.
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6.10 The Department has recently published its Residential Design Guidance (March 2019). Section 7.0 'Impact on Neighbouring Properties', part 7.5 'Overlooking Resulting in a Loss of Privacy' of this document is considered to be relevant to this proposal. Paragraph 7.5.1 refers to the "20 metre guide" and states that the guide 'provides a useful way to identify where overlooking is likely to be a concern. It refers to the distance between elevations that contain windows serving habitable rooms that face each other'.
6.11 The ground level increases slightly to the north and the two neighbouring dwellings are bungalows; however despite the difference in height of the dwellings the distance between them and the proposal is greater than would be usually expected as per the design guidance in terms of overlooking and significantly greater than what would likely lead to impacts in terms of overbearing or overshadowing. Between them is also a significant line of Registered Trees that will be protected by condition.
6.12 The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents. In this respect, the proposal complies with GP2.
Parking and highway safety 6.13 On-site parking provision is adequate and complies with the standards set out in the Appendix 7 - Parking Standards. The highways officer has suggested two conditions regarding the improvement of the visibility splays of the existing access and the requirement for the parking area to be instated prior to the occupation of the building. The proposal is therefore in accordance with GP2.
Potential impact on trees and bats 6.14 Following discussion between the applicant and the tree officer the applicant has provided details of the trees to be removed and retained on the site, specifying that the elms are to be retained for the purposes of this application; however with some works. A tree protection plan has also been provided.
6.15 As the tree removal is restricted to only one mature tree, the Turkey Oak, the overall risk to protected species is considered to be low; the ecosystems policy officer has specified that it is an offence to intentionally or recklessly destroy or damage a bar roost and this will be reiterated to the applicant.
Other matters 6.16 The objections received included several points such as the potential impact on view that is enjoyed by the neighbouring properties and the impact to the values of existing properties in the area; neither of these are material planning considerations. One objection also raises concern regarding the loss of garden for Rheast Mooar House; however this point has already been accepted in the previous planning permission and is considered to be the same in this case. In terms of the future precedent for garden grabbing, each application for planning permission is determined on its own merits.
6.17 The objections also raise concern regarding the potential impact to ambience the Grove Rural Life Museum. The property is a historic property, in use as a museum and in the ownership of Manx National Heritage but not Registered, or located within a Conservation Area. There are closer, existing properties to this site than the application site and the two sites are separated by a main road, therefore it is unlikely to have any significant impact on this property.
7.0 CONCLUSION 7.1 The proposal is considered acceptable in accordance with the designation within the Local Area Plan and the appropriate policies within the Isle of Man Strategic Plan 2016.
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8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), 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) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
8.2 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 6(4) who should be given Interested Person Status.
8.3 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.
Decision Made : Permitted
Date: 24.04.2019
Determining officer
Signed : S CORLETT Sarah Corlett
Principal Planner
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