182822

==== PAGE 1 ====

                                      17/00870/B                                     Page  1  of  11

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 17/00870/B Applicant : Seymar Developments Ltd Proposal : E0rection of two 6 storey apartment buildings containing 23 apartments in total, and associated parking Site Address : Land Off Premier Road And Mooragh Promenade Premier Road Ramsey Isle Of Man

Principal Planner: Mr Chris Balmer Photo Taken : 05.09.2017 Site Visit : 05.09.2017 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Approve subject to Legal Agreement Date of Recommendation: 30.04.2018 __

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. 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.

C 3. No development shall take place until full details of soft landscaping and hard landscaping works have been submitted to and approved in writing by the Department which have also been considered and assessed by an arboriculturist in terms of their suitability for this costal location and these works shall be carried out as approved. Details of the soft landscaping works include planting to all the roadside boundaries and the car park/area to rear of apartments. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the hereby approved extension, whichever is the sooner. Any trees or plants which 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. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping

==== PAGE 2 ====

                                      17/00870/B                                     Page  2  of  11

works shall be completed in full accordance with the approved details prior to the first occupation of any apartment hereby permitted.

Reason: To ensure the provision of an appropriate landscape setting to the development.

C 4. 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.

C 5. Prior to the commencement of any works a botanical survey is required to be submitted and approved by the Department which is required to identify areas of interest and a plan for their protection or translocation.

Reason: To provide adequate safeguards for the ecological species existing on the site.

N 1. The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 9th May 2018. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers 16151-001 B, 16151-002 A, 16151-104 D, 16151-105 B, 16151-106 B, 16151-107 C, 16151-108 B, 16151- 109 C, 16151-110 C, 16151-111 C, 16151-112 B, 16151-113 B, 16151-116 B and Flood Risk Assessment and Drainage Strategy received on 15th August 2017, 24th October 2017 and 20th December 2017.

__

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:

Manx Utilities DOI Housing Division

It is recommended that the following persons should not be given Interested Person Status as they are not 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):

The owner/occupier of 4 Premier Road, Ramsey The owner/occupier of 12 Starkey Close, Ramsey The owner/occupier of 54 Pitts Lane, Earley, Reading, Berks (owners of Flat 5 Premier Court, Mooragh Promenade)

__

==== PAGE 3 ====

                                      17/00870/B                                     Page  3  of  11

Officer’s Report

THIS APPLICATION IS RECOMMENDED TO BE CONSIDERED BY THE PLANNING COMMITTEE AS AN AMENDED SECTION 13 LEGAL AGREEMENT IS REQUIRED

1.0 SITE 1.1 The application site comprises a parcel of land located to the corner of Park Road and Premier Road and to and west of Mooragh Promenade. The site is currently characterised as a flat open grassed area.

2.0 PROPOSAL 2.1 The application seeks approval for the erection of two 6 storey apartment buildings containing 23 apartments in total, and associated parking. The front elevations (east) of the two apartment's blocks would face towards Mooragh Promenade, which the rear elevations (west) would face towards the Ramsey Park Hotel and the recently completed Apartment building along Park Road.

2.2 The apartments have traditional form, with a pitched roof, and projecting gable end features funning the full six storeys. The window fenestration and balconies are more contemporary in design.

2.3 Parking for 54 car parking spaces would be provided to the rear of the building, with landscaping running along the southern boundary (and car park) which fronts onto Premier Road. Access would be via an existing entrance onto Premier Road, which was approved for the recently completed apartment building on Park Road.

3.0 DEVELOPMENT PLAN POLICIES 3.1 The Ramsey Local Plan designates the application site as being Mixed Use - (Residential/Office). The site is not within a Conservation Area. Due to the zoning of the site and the proposed works the following policy is relevant in the determination of the application:-

3.2 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."

3.3 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."

3.4 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."

3.5 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;

==== PAGE 4 ====

                                      17/00870/B                                     Page  4  of  11

(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."

3.6 Housing Policy 1 states: "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016."

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 Housing Policy 5 states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."

3.9 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."

3.10 Recreation Policy 3 states: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan."

3.11 Policy R/R/P2/C of the Ramsey Local Plan - Mooragh Promenade "Dwellings should be of a high standard, and should be designed to acknowledge the architectural style, scale and massing of the adjacent Victorian buildings, particularly on sites which face the Promenade and the Harbourside. Heights of dwellings should be stepped down from the Promenade to the Harbourside and Old River Road and design and scale should be

==== PAGE 5 ====

                                      17/00870/B                                     Page  5  of  11

appropriate to a Harbourside location. On the Peveril plot and the Manor House site, there could be included office use with on-site parking space and open space provision; these particular development should be undertaken after consultation with the Department of Agriculture, Fisheries and Forestry (DAFF) and should include appropriate measures to identify and transplant rare plants."

4.0 PLANNING HISTORY 4.1 The previous planning application is considered relevant in the assessment and determination of this application:

4.2 Demolition of existing two bungalows and development of site to provide a hotel with function and conference facilities, and 96 residential apartments - 07/01790/B - APPROVED

4.3 Erection of a block of seventy four apartments with car parking and landscaping - 03/01110/B - APPROVED

4.4 Approval in principle for erection of apartment block with car parking - 96/01121/A - APPROVED

Relevant application on the adjacent sites are:

4.5 Erection of a four storey block comprising of eight residential apartments with associated car parking and landscaping, comprising amendments to PA 15/01141/B (part retrospective) - 17/01066/B -APPROVED

4.6 Erection of an extension to provide function suite and 30 additional bedrooms, alterations to existing car parks and creation of an additional car park access - 17/00026/B - APPROVED

4.7 Demolition of existing bungalow and erection of a four storey block comprising of eight residential apartments with associated car parking and landscaping - 15/01141/B - APPROVED

4.8 Construction of a 30 bed hotel development with a retail unit and 45 cover restaurant & bar with associated parking provision - 09/01400/B - APPROVED

5.0 REPRESENTATIONS 5.1 Highway Services (received on 15.09.2017) make the following comments: "The proposal is to erect 2 blocks of 6 apartments with car parking accessed from an existing access.

Access is via the car park for an adjacent apartment block reducing the number of parking spaces available to that development. There will be a total of 31 apartments requiring 62 parking spaces as per appendix 7 of the IoMSP; the car park includes parking for the adjacent development of 8 residential units requiring 16 parking spaces; a total of 78 spaces are required; 61 car parking spaces are provided including 4 disabled spaces creating a shortfall of 17 spaces.

Appendix 7 allows for a reduction in car parking to be permitted where the site meets specific criteria and there is sufficient on-street car parking available in the vicinity of the site. There are services within walking distance of the site as well as entertainment and employment opportunities. Ramsey is well served by public transport and Mooragh Promenade has sufficient space to accommodate any overflow parking that may occur.

There is sufficient parking to allocate 1 space per apartment, have 4 disabled spaces and the remaining 18 spaces will be available for residents or visitors as required.

==== PAGE 6 ====

                                      17/00870/B                                     Page  6  of  11

Highway Services does not oppose this application subject to the following conditions:

1. Prior to the occupation of any 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.

2. During construction of this development a minimum of 10 car parking spaces plus 1 disabled space must remain free from obstruction and available for use only in connection with the occupation of the apartments approved under PA 15/01141/B."

5.2 Ramsey Commissioners have no objection (received on 25.09.2017) but make the following observation to the initial scheme. Please note amended plans have been submitted since, but no comments have been received from the Ramsey Commissioner's.

The Commissioners observations of the initial scheme are; the proposed bin store would require the reserving of a refuse vehicle for a distance of approximately 60m and therefore the relocation of the bin store is recommended; the façade of the proposed building is less attractive than those of the existing apartment buildings to the northern end of Mooragh Promenade; the car park provision which is shared with the apartment block does not comply with the parking provisions of the IOMSP.

5.3 The Senior Biodiversity Officer (DEFA) makes the following comments (received on 15.09.2017 & 02.11.2017); I am aware that there are some scarce plants in the vicinity that I believe are within the site (Ramsey Clover Patch) namely four rare and uncommon clover species; Site was identified is "Land of Medium Wildlife Value" in the Ramsey Wildlife Report 1993-94; This has been raised previously on this site, and although not a protected species (except the haresfoot clover although not aware of any records on this site)s they are nevertheless of ecological interest and could be either protected against operations on site, if not within the footprint, or trans located to an appropriate alternative site that may be identified (Mooragh or at Ayres); Recommend that prior to any works a botanical survey be undertaken to identify areas of interest and a plan for their protection or translocation be agreed.

5.4 Manx Utilities initially sought a Flood Risk Statement (07.09.2017) as the site is within a tidal flood zone (1 in 200 year return period). Also the statement should advise on finished floor levels of 600mm above the 1 in 200 tidal levels plus climate change and detail any flood resilient measures for the properties. The applicants have provided such information and Manx Utilities do not oppose the application (27.10.17).

5.5 The DOI Housing Division (13.10.2017) comment that there are currently 11 persons on the active first time buy register for Ramsey and the North, with a further 35 persons on the first time buyers register for Ramsey who intend to purchase homes at some future point. There are currently 75 persons on the General Housing Waiting List for Ramsey who are seeking public sector housing for rent in the area, and a further 29 persons who are on the Sheltered Housing Waiting List. The Department would therefore request that the applicant enter into a Section 13 Agreement with the Department to provide 25% affordable housing.

5.6 The owner/occupier of 4 Premier Road, Ramsey object to the application which can be summarised as (06.09.2017 - comments on initial scheme only): too big and dwarfs out house; loss of light, privacy; unpopular plan as supported by reaction on social media yet people feel hopeless with the planning appeal procedure; increase in traffic; and more construction on our doorstep.

5.7 The owner/occupier of 12 Starkey Close, Ramsey object to the application which can be summarised as (06.09.2017 - comments on initial scheme only): was a mistake to zone the

==== PAGE 7 ====

                                      17/00870/B                                     Page  7  of  11

land for development, should have remained as Open Space; design of the apartments are reasonable in that they have reflections of the Victorian blocks along Mooragh Prom; there should be at least one space per apartment and the height should not exceed the height of the five storey Premier Court on the south of Premier Road, in this respect the height seems to me that the perspective drawings included in the application arte misleading.

5.8 The owner/occupier of 54 Pitts Lane, Earley, Reading, Berks (owners of Flat 5 Premier Court, Mooragh Promenade) object to the application which can be summarised as (15.09.2017 & 26.02.2018 - comments on both schemes); increase in traffic and unacceptable effect on road safety and traffic flows on the local roads; a visit to the area of an evening or weekend would identify the parking problems they already exist in the area without further vehicles seeking roadside parking; Concerns with additional traffic along North Shore Road, North Shore Road/Bowring Road junction; adverse impact on character of the surrounding landscape as the proposed development would totally change the area ad would adversely affect the amenity of local residents and the character of the locality; would create a precedent for further development along the Promenade; concerns of the appearance of the building and impact it will have on Premier Court Apartments; style of building is not in keeping with other buildings on the Promenade; applicants indicate that the car park would be concealed form key views along Mooragh Promenade and Park Road, however no considerations is given to the residents of Premier Court Apartments who will look directly onto it; and there would be overlooking by the proposed development and loss of privacy and overlooking.

Comments of the amended plans are summarised as (26.02.2018); amended plans address our concerns of the appearance of the development and Mooragh Promenade; however objections relating to increased traffic movement in the area, adverse impact on character of the surrounding land, and loss of amenity/privacy for Premier Court Residents are still relevant; Further comment that the wrap around balconies along the southern end would further overlook resulting in a loss of privacy and would seem not to be in keeping with existing buildings along the Promenade.

6.0 ASSESSMENT 6.1 Given the land-use designation and the type of development the following elements are relevant to consideration 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; (e) affordable housing provision; (f) Open space provision; and (g) Potential flooding issues

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/office use under the Ramsey Local Plan. Of material planning weight are the previously approved planning applications for residential apartments on this site. As such the general principle of residential development is concluded to be acceptable, again. The primary purpose of the planning application is therefore to assess site specific impacts and acceptability.

POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION 6.3 As for highway safety and car parking provision, it can be seen that the proposed development does proposed to utilise and recently approved and create vehicular access onto Premier Road which Highway Services have no objection to.

6.4 In terms of parking provision the Parking provision of the Isle of Man Strategic Plan 2016 generally seek 1 space for a one bedroom apartment and two spaces for apartments of two or more bedrooms. In this case the application has a total of 23 apartments, being 2 (2

==== PAGE 8 ====

                                      17/00870/B                                     Page  8  of  11

units), 3 (20 units) and 4 (1 unit) bed apartments. This gives a general provision of 46 parking spaces.

6.5 The proposals provides 50 spaces this is more than the requirement. The existing 11 spaces associated with the recently completed apartment building would remain also, resulting in a total of 61 spaces (including 4 disabled spaces) for the two sites.

6.6 Overall, the proposal would provide two off road parking spaces and turning facilities within the site and the level of car parking meets the minimum requirements of the Isle of Man Strategic Plan 2016. Visibility from the application site onto the lane has been assessed by the Department of Infrastructure Highways Services and concluded to be acceptable. Further, Highways Services have considered the impact on the highway network and raised no objection. It is also noted again, that 96 residential apartments where approved under the last approved application on this site (including hotel and conference hall) which arguably would have created greater level of traffic to the highway network. Accordingly, given these reason it is considered the proposal would be acceptable from these respects.

POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA 6.7 This is potentially the key issue with the proposed development. The primary view is from Mooragh Promenade and how the proposal would fit with the existing properties along the Promenade. As indicated earlier in this report Policy R/R/P2/C of the Ramsey Local Plan states that designs should be of a high standard, be designed to acknowledge the architectural style, scale and massing of the adjacent Victorian buildings, particularly on sites which face the Promenade and the Harbourside. Additionally, General Policy 2 paragraph (b) states that the design should respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them. Whilst it is accepted that the design of developments is subjective, it is considered that the design complies with the relevant policies, particularly with regard to scale, form, finish and siting compared to nearby Victoria properties.

6.8 The Appeal Inspectors report in relation to the previous application (PA 03/01110/B) commented on the design of the previous application, and stated:- "...The proposed development will be constructed to the building line that has been established by the existing buildings facing Mooragh Promenade, thus emphasising the strong and definite interface with the promenade and providing visual continuity. However it is not a case of simply trying to recreate the architecture of the adjacent Victorian buildings, but to fuse the best elements of nineteenth century proportion and scale with a modern sensibility."

6.9 The previous approved design (03/01110/B) was more traditional; with a similar form as the current proposal, however, the fenestration proposed now has a more contemporary feel, albeit retaining the traditional form and vertical emphasise which are key in respect of the character and appearance of the street scene which is made up of Victorian terraced properties in the main.

6.10 The proposal is more traditional in design/appearance compared to the last approved scheme on this site (07/01790/B) which had a more contemporary design.

6.11 Overall, it is considered that the design proposed represents a modern interpretation of Victorian architecture, reflecting the detailing and the vertical proportions of the terraces in the along the Promenade. The design, it is considered provides a more contemporary and modern approach whilst avoiding Victorian pastiche which it is considered has worked less successfully within the immediate area.

6.12 Views of the development would also be apparent from Park Road, Premier Road and from the Morragh Park/rugby pitches and beyond. However, the vertical emphasises and the design approach on the front elevation (except external balconies) has been replicated to the

==== PAGE 9 ====

                                      17/00870/B                                     Page  9  of  11

rear to ensure the quality for the design and overall approach is replicated as the rear elevation is considered just as important as the front elevation, given the public views that would be achieved. It is clear that visiting the area of Park Road and Premier Road there is a clear variety of building sizes, styles, finishes and designs along the two roads. The properties along Park Road are characterised by semi-detached two storey Victorian properties, two 1960's detached bungalows, two pairs of two storey semi-detached 1930's styled properties, the adjacent four story Ramsey Park Hotel and the four storey apartment building which has recently been constructed. Premier Road consists of a six storey building (Premier Court); a three storey, Mansard roof design block of Mews type houses (2, 3 & 4 Premier Road) and a two storey detached dwelling (1 Premier Road). Accordingly, it is clear there is clearly a mixture of properties within the immediate area which have been constructed during a number of years. However, it is again considered the proposed development read in conjunction with the existing properties in the area, as well as the rear elevations of the existing Victorian terraces along the Promenade, would be appropriate form of development as well.

6.13 Overall, it is considered the proportion, form, design and finish is appropriate on this site and would respect the site and surroundings and therefore comply with General Policy 2 of the Isle of Man Strategic Plan and Policy R/R/P2/C of the Ramsey Local Plan.

POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.14 The part of the development which may impact upon residential amenity would be the six storey south-eastern corner of the development which corners Mooragh Promenade and Premier Road, which is to the north of and is directly opposite to Premier Court, which accommodates a number of residential apartments. Loss of light, overbearing impact, light pollution and/or loss of privacy are all areas which all require consideration.

6.15 In assessing the current application, consideration needs to be given to applications PA 07/01790/B & PA 03/01110/B which approved development on a scale and similar footprint, in fact the previous application 03/01110/B had a greater level of development which ran further down Premier Road than the current scheme.

6.16 Firstly, with regard to potential loss of light, it is considered that the development would have little impact through loss of light, taking account of the suns orientation (east to west) of the proposed development with the neighbouring properties. The development would be located to the north of these properties and therefore the proposed development would not block any direct sunlight. Additionally, the whole southern elevation of the development would be approximately 19 metres from the properties along Premier Road which will reduce any loss of light resulting from the development.

6.17 Secondly, "the overbearing aspect of the development", the proposal will have an impact upon the outlook from the properties within Premier Court, any development would on this site. However, as indicated previously, it is similar to that which was approved in the previous applications. Consideration must therefore be given to the fact that a structure with similar height and massing has been approved and that the main difference between the two applications relates to design. Notwithstanding this, it is considered that due to the distance of approximately 19 metres from the proposed southeast wing to Premier Court (this being the closest neighbouring structure); the development would not have a significant overbearing impact sufficient to warrant a refusal on these grounds.

6.18 The final issue is the potential for overlooking resulting in a loss of privacy. There are a total of six windows (one on each floor) within the south elevation which would look towards Premier Court. This window serves the open plan kitchen/living/lounge which also benefits from its main source of light and outlook from the larger front patio door and two windows to the front elevation. Accordingly, these side windows are not the primary windows to these rooms. These windows would be 19m+ of the windows within Premier Court. These would be slightly below the 20m general guide of directly facing windows. However; given the above, it

==== PAGE 10 ====

                                      17/00870/B                                     Page  10  of  11

is not considered the proposal from this respect would significantly adverse overlooking to the properties within Premier Court to warrant a refusal. It is also noted that the previous approved scheme would have windows closer than this, being 17.4 metres (03/01110/B) and 07/01790/B had windows between 18.4 metres and 19.2 metres.

6.19 Balconies are proposed to the front elevation of the building, which also the balconies wrapping around the south-eastern corner of the building and running approximately 1.2m along the south elevation. The balcony in this section would have a depth of 1.2m. They would be approximately 17.8m from the windows to Premier Court. Again, this is closer to the general 20m guideline; however, it is considered the amount of time such balconies would be in used due to the Manx weather and as the size of the balcony is small (especially the section which runs along the southern elevation); are reasons why it is unlikely to result in a significant level of overlooking to warrant a refusal.

6.20 Overall, it is considered the distance between the proposal and the existing residential properties, would not result in a significant level of overlooking, resulting in a loss of privacy.

AFFORDABLE HOUSING PROVISION 6.21 As the proposed development is for more than 8 residential units Housing Policy 5 requires consideration. This requires that 25% of provision should be made up of affordable housing, in this case 6 (25% of 23=5.75) of the 23 units. The Housing Division have sought the provision is provided by a commuted sum rather than physical units within the new building for the reasons indicated in their representation. A Section 13 Agreement is required to be undertaken and agreed with the Planning and Building Control Directorate.

OPEN SPACE PROVISION 6.22 The applicant's submissions silent on Open Space Provision. While the provision of such can be difficult on site for apartments and as the site is immediately adjacent to Mooragh Park, playing fields and Mooragh Promenade; it is not considered that provision on site is required. However a commuted sum should be made which can be undertaken via a Section 13 Legal Agreement.

POTENTIAL FLOODING ISSUES 6.23 Initial Manx Utilities (MU) had sought a Flood Risk Statement due to the site being with a flood zone. Following discussions between the applicants and MU such an assessment was provided and the ground floor finished floor levels have been increased by 0.6m. MU have not objected to the proposal due to these measures being undertaken.

7.0 CONCLUSION 7.1 Overall, it is considered the proposal would be an appropriate level of development which would have no significant impacts upon the visual amenities of the area, impacts upon neighbouring amenities, or result in significant impact upon the on street parking in the area. It is therefore 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 (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 Planning Committee must determine:

==== PAGE 11 ====

                                      17/00870/B                                     Page  11  of  11

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 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:...09.05.2018

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).

YES/NO

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.