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                                      24/91155/B                                     Page  1  of  14

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 24/91155/B Applicant : Mr Gareth M Roberts Proposal : Demolition of existing building and construction of 4 no. detached dwellings. Site Address : St Olaves Bowring Road Ramsey Isle Of Man IM8 3ES

Principal Planner: Chris Balmer Photo Taken : 06.11.2024 Site Visit : 06.11.2024 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 28.11.2024 __

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. The finished floors level of the three storey dwellings shall be 21.478 and the bungalow 21.275 as shown on drawing SOH-12B.

Reason: to ensure the dwellings are built in accordance with the approved ground/floor levels and in the interest of the visual amenities of the area and neighbouring amenities.

C 3. The demolition of the existing building shall take place between September to February only.

Reason; In the interest of protected species.

C 4. No site clearance, preparatory work or development shall take place until a detail tree protection scheme accordance with the recommendations of Section 6.2.2 of British Standard 5837:2012 has been submitted to an approved in writing by the Department. This approved scheme shall be implemented prior to any works commencing and maintained in position until the development is complete.

In the event that trees become damaged or otherwise defective during such period, the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented. In the event that a tree dies or is wilfully removed without prior consent it shall be replaced as is reasonably practicable and, in any case, by not later than the end of the first

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available planting season, with trees of such size, species and in such number and positions as may be agreed with the Department.

Reason: to ensure that all trees to be retained are adequately protected from damage to health and stability throughout the construction period in the interests of amenity.

C 5. All existing trees shall be retained, unless shown on the approved drawing SOH-16A as being removed.

Reason: to ensure the continuity of amenity afforded by existing trees.

C 6. No development shall take place until full details of soft landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting showing, type, size, maximum height growth and position of each. 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. Any trees or plants which die 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 and for biodiversity net gain.

C 7. No development shall take place until full details of hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. The hard landscaping should include details of the surface finish of the driveways, shared access, footpaths and any fencing/walls to all boundaries of the dwellings/site. No dwelling hereby approved shall be occupied until the hard landscaping works shall be completed in full accordance with the approved details.

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

C 8. No dwelling hereby approved shall be occupied until the parking area associated with that dwelling have been provided in accordance with the approved plan SOH-04A. Such areas shall not be used for any purpose other than the parking 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

C 9. No dwelling hereby approved shall be occupied until the visibility splay(s) identified on drawing SOH-15; shall be constructed in accordance with the approved plans and thereafter kept permanently clear of any obstruction exceeding 1050mm in height above adjoining carriageway level.

Reason: In the interests of highway safety.

C 10. No development shall take place until full details of nest box provision have been submitted and approved in writing by the Department and these approved details shall be completed prior to the occupation of any dwelling.

Reason: In the interests of Protected Species.

N 1. Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.

This application has been recommended for approval for the following reason.

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For the reasons indicated with this report it is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan 2016, Residential Design Guide 2021 and the Ramsey Local Plan having no significant adverse impacts upon public or private amenities.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received;

07.10.2024 SOH-05 SOH-06 SOH-07 SOH-08 SOH-09 SOH-10 SOH-13 SOH-14 SOH-15 SOH-17

Design Statement Energy Statement Solar Panel Specification Wild Bird Breeding Assessment Bat Report Air Source Heat Pump Product Inbformation

01.11.2024 SOH-01A SOH-02A SOH-03A SOH-04B SOH-11A SOH-12B SOH-16A __

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

DOI Highway Services - No Objection DOI Highway Services Drainage - No Objection Local Authority - No Objection Manx Utilities - No Objection

It is recommended that the owners/occupiers of the following properties NOT should be given the Right to Appeal because:

Nr 53 Bowring Road - Objection does not set out in relation to material planning considerations, an impact of the proposal on the lawful use of their land (A10(2)(c)). 29 Fairways - no objection subject to requests re boundary wall which do not relate to material planning considerations __

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Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE ACTING HEAD OF DEVELOPMENT MANAGEMENT

1.0 SITE 1.1 The site is the curtilage of St. Olave's, a detached large house which sits on the western side of Bowring Road just to the south of its junction with Jurby Road. The dwelling is set back from the main road by around 30metres. Along the eastern roadside boundary of the site is a stone retaining wall ranging in height (approximately 2m) and above are mature trees in parts.

1.2 St. Olave's Lodge to the north of the site is divided in three flats all of which sit alongside the road with a series of pitched roofed gables with vertically proportioned windows on the roadside elevation, dentilled cornices and decorative finials, all contributing to a handsome building characterising the corner of the junction. St. Olave's house within the application site does not have such fine detailing as this, but sits comfortably in the background.

1.3 A further dwelling "The Barn" is located within a converted barn (formed part of St. Olave's Lodge) which again is immediate to the north of the site and set behind St. Olave's Lodge.

1.4 Nr 53 Bowring Road is located to the south/southeast of the site which is an end terrace property which is set below the ground level of the application site. Its blank gable end elevation (north) faces the site.

1.5 To the east of the site, to the opposite side of Bowring Road are the single storey bungalows of The Rectory and Grainane.

2.0 PROPOSAL 2.1 The application seeks approval for the demolition of existing building and construction of 4 no. detached dwellings.

2.2 As outlined the proposal includes the demolition of the existing dwelling, St. Olave's; which has been in a state of disrepair for a number of years.

2.3 One of the proposed dwellings would be located to the north of Nr 53 Bowring Road and would run parallel with Bowring Road, albeit set back into the site by between 8m and 11m from the roadside boundary wall. This property would be a single storey 3 bedroom bungalow with integral garage.

2.4 The remaining three dwellings are proposed to be located on a similar footprint as the existing dwelling. Each dwelling would be a detached and be three storeys in height, with large glazed gable fronting elevations facing towards Bowring Road. These would be setback approximately 33 to 37m from Bowring Road to the east.

2.5 All four dwellings would be finished in a mixture of painted render, stone cladding and slate like roof tiles. The dwellings would be served by the existing access to the site which directly exists onto Bowring Road. A single private driveway would be shared by the four properties.

3.0 PLANNING POLICY 3.1 In terms of local plan policy, the application site falls within an area designated as "Predominately Residential" under the Ramsey Local Plan Order 1998. The site is not within a Conservation Area. The site is not within a high flood risk zone.

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3.2 The Strategic Plan takes its lead from the Government aims which include the pursuit of manageable and sustainable growth based on a diversified economy which is intended to raise the standard of living of the people of the Island and to provide the resources to sustain and develop public services. It also includes the protection and improvement of the quality of the environment such that it continues to be an asset for future generations.

3.3 The Strategic Aim is: "To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."

3.4 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application:

3.5 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."

3.6 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."

3.7 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."

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3.8 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."

3.9 Transport Policy 1 states: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes."

3.10 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

3.11 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

The current standards are set out in Appendix 7."

3.12 Residential Design Guide - July 2021

3.13 Department of Environment, Food and Agriculture - Agriculture and Lands Directorate Forestry, Amenity and Lands - TREE PROTECTION POLICY - Department Policy Relating to the Protection of Trees - Version 2.0, December 2021 "25. The Directorate will normally object to planning applications if any of the following is true: (a) The proposed development includes the removal of any tree(s) worthy of a category A or category B classification, as defined by BS5837:2012. (b) The proposed development includes the removal of more than 50% of existing tree canopy cover from the site. (c) The proposed development includes the removal of any tree(s) worthy of a category C classification, as defined by BS5837:2012, without sufficient mitigation. (d) The application includes insufficient information to properly judge the arboricultural impact of the proposed development (e) The application does not show how the proposed development could be implemented without having a detrimental impact on the health and longevity of adjacent retained trees, and does not show how this impact will be mitigated. (f) The proposed development is likely to lead to significant future pressure to remove or prune trees, either by an application made under the Tree Preservation Act 1993 and/or by complaints made under the Trees and High Hedges Act 2005*. (g) The proposed development includes the removal of a tree, group of trees or woodland which is registered under Section 2 of the Tree Preservation Act 1993." And "29. The Directorate recognises that in terms of the relevant planning policies available at the time the application is determined, a proposed development may be acceptable despite its potential impact on existing trees and woodlands of merit. If the Directorate submits an objection to a planning application, it will consider the possibility that the application may be approved and make recommendations to the PBCD on how the impact to existing trees and woodland of merit can be minimised (e.g. by the use of conditions)."

4.0 PLANNING HISTORY

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4.1 The previous planning applications are considered relevant in the assessment and determination of this application:

o PA 12/00830/A - Approval in principle for a sheltered accommodation development - APPROVED 29th January 2013. The proposal sought the principle of the re-development of the site, demolishing the existing buildings on site and their replacement with a new development of sheltered accommodation with warden's accommodation.

o PA 09/00821/A - Approval in principle to erect a dwelling to the south of St. Olave's - REFUSED 15th February 2011. The reasons for refusal related to the lack of sufficient information to demonstrate that the site could be drained of its surface water

o PA 09/00455/A - Approval in principle to erect a detached dwelling at the front of the site alongside 53, Bowring Road - APPROVED 15th May 2009

o PA 06/02015/REM - Re-shaping of bank to the rear of the site (in association with PA04/02308/B)- APPROVED 24th September 2007

o PA 06/01416/A - Approval in principle for the erection of a dwelling alongside 53. Bowring Road - APPROVED 15th November 2006

4.2 The following application on a neighbouring and adjoining site to the north of the current site is considered relevant in the determination of the current application; o Erection of 2 detached dwellings with integral garages - Land Adjacent To St Olave's, Jurby Road - 22/00444/B - APPROVED 5th August 2022.

5.0 REPRESENTATIONS All comments received can be viewed in full on the Planning Departments website.

5.1 Ramsey Commissioners have no objection (22 November 2024).

5.2 Highway Services initially sought additional information/amended plans. Following these being provided they make the following final comments (15.11.2024): "Previous Highways response dated 08/11/24 requested additional details/amendments in regard of access arrangements, access lane arrangements and driveway length. All Highways issues have been addressed in the revisions. The access arrangement directly from the highway has been clarified through Drawing No. SOH-12B. For the first 6m back from the carriageway a width of 5m is maintained. This will allow sufficient room for a vehicle to pull in off the primary route of Bowring Road, but also for cars to pass one another on exit/entry. Ideally the 6m from which the setback is measured would be from the back of footway rather than edge of carriageway, however there is not significant narrowing past the 6m point to impede movement and obstruction of the carriageway will not be caused. The alteration to the highway, in the form of access widening and kerb alteration, will require a Section 109(A) Highway Agreement to be made post planning consent. The shared access lane from the highway opening to the internal development site has been widened to a continuous width of 4.8m (when the hatched widening section is included). This width is sufficient to allow passage of a vehicle and pedestrian/cycle simultaneously, as well as facilitating the passage of delivery vehicles and emergency services. The width maintained may not facilitate the passage of two vehicles, but the narrow length of the shared lane with sufficient landing zones at either end will ensure that vehicles can wait at either side for vehicles to pass. It should be noted that the hatched area noted for potential widening will have to be utilised in the development. Measurements have been provided to the bungalow dwelling to show that the minimum required 6m driveway depth can be met. This will ensure overhanging into the tarmac access lane will not occur when used by parked vehicles.

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The proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objections to the proposal subject to all access arrangements, including visibility splays, to accord to Drawing No. SOH- 12B and SOH-15, and for the hatched area on Drawing No. SOH-12B marked 'potential to widen existing driveway' to be included in the formation of the access lane. Recommendation: DNOC"

5.3 The Ecosystems Policy Officer (DEFA) comments (01.11.2024); "General stance No objection, subject to conditions.

Detail There are woodlands within the property, on the brooghs overlooking the river, which we recommend be protected against damage or the dumping of materials during construction, by appropriate temporary fencing.

A bat report has been provided and this included an emergence survey in July but no roost was found. The risk to bats from demolishing the building was considered low. A breeding bird report has been provided (from a July 2024 visit). The house interior was not inspected, as is was deemed unsafe, however pigeons were seen within it, and house sparrows were heard calling from inside it. There are broken windows allowing free bird access. We must therefore assume that birds nest within this property. We therefore recommend that demolition should be undertaken between September and February inclusive, to minimise the risk to breeding birds, but please note that pigeons can nest at any time of the year and breeding sites can have eggs and chicks at all stages. It is not always possible to undertake works at a period when pigeons are not affected. Consideration must therefore be given to the possibility that pigeons may be nesting, whenever the works take place, and it should therefore be undertaken with great care and possibly with someone on hand who can deal with any birds affected. Tree works should also take account of the potential for nesting birds, and are therefore best undertaken in the September-February period, inclusive.

Potential conditions Demolition in the September-February period and consideration of the risks to birds at any time. Tree/woodland protection against damage during works. Mitigation provision for nesting birds (nest box provision), to include house sparrows, which are listed on Schedule 1 of the Wildlife Act and were singing from the site.

Further information Proposals for mitigation or wildlife benefits have been provided in both the bat and bird reports."

5.4 Manx Utilities Drainage initially sought information regarding drainage and percolation test. These where provided by the applicants and Manx Utilities final comments are (27.11.2024): "Manx Utilities are satisfied with the proposal and have no further comments to issue."

5.5 DOI Highway Services Drainage comment (06.11.2024): "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads.

Recommendation: The applicant should be aware of and demonstrate compliance with the attached clause."

5.6 The owners/occupiers of 53 Bowring Road comment (17.10.2024);

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"I would welcome a meeting with the developers to understand any impact the build, demolition may have on my property. I am not objecting but wish to understand the any removal of earthworks and trees etc"

5.7 The owners/occupiers of 29 Fairways Drive support the application but make the following requests (27/11/24) "Please could we make one note and request regarding the Boundary wall adjoining our property (St Olave's kitchen garden) in that the single story elements of the conservatory and outbuildings attached and tied in to the boundary wall, be reported on by the engineer prior to and after demolition and that there is no detriment to it's stability. Or, a new proposed wall of suitable retention and to the same height be agreed and re-built where required. The level of the land sits slightly above that of our property and therefore acts of somewhat of a retaining wall which presently appears in sound condition from our side. In the interests of retaining the existing privacy, and also future safety from any structural failure, we would request this be monitored professional during demolition and building works and that there be no long term detrimental impact."

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 development; (b) the potential impact upon the visual amenities of the area; (c) potential impact upon neighbouring amenities; (d) potential impact upon highway safety; (e) potential impacts upon trees/biodiversity.

6.2 PRINCIPLE OF DEVELOPMENT 6.2.1 The first issues relates to this application is the principle of residential development on this site. As outlined within the planning policy section of this report, the site is proposed for residential use and therefore the proposal for additional residential development is acceptable.

6.2.2 More recently an update to the Isle of Man Strategic Plan 2016 has been undertaken and adopted, which identified that a total of 770 new dwellings is required to be provided between the years of 2011 to 2026 in the north of the Island alone. A total of 5,100 dwellings in required over this same period throughout the Island. Given Ramsey is regarded as the main Service Centre in the north of the Island, it is reasonable to consider the majority of these dwellings are likely to be provided in Ramsey, especially given designated residential land is still available under the Ramsey Local Plan which was adopted in 1998.

6.2.3 The Department has previously considered whether the existing dwelling was worth of Registration; however, it was accepted it was not; hence the acceptance of its demolition under application 12/00830/A. Furthermore, the site not being within a Conservation Area or a Registered Building could be potentially be demolished without any planning approval be required. Accordingly, it is considered once again the principle of the loss of the existing dwelling as being acceptable.

6.2.4 Strategic Policy 1 would also support the application, given the proposal could be considered to making best use of resources, namely optimising the use of previously developed land and being located so as to utilise existing and planned infrastructure, facilities and services.

6.2.5 Accordingly, given the above reasons it is consider the principle of developing the site for residential is acceptable. This is not an automatic reason to allow the development as further material planning matters as indicated previously need to be considered, to determine if two dwellings on the site are appropriate.

6.3 THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA

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6.3.1 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.

6.3.2 The site from public viewpoints would be apparent when immediately passing the eastern boundary of the site and to the north (junction of Bowring Road and Jurby Road). There is currently a Manx stone boundary wall along the roadside with Bowring Road and this is proposed to be retained as well as two mature trees. A landscaping plan should be conditioned which gives additional details of how the eastern boundary would be treated, as there may be concerns if a timber fence of 1.8m in height; for example, may appear inappropriate when position above the existing stone retaining wall.

6.3.3 The proposed single storey bungalow would arguable most apparent, being closest to Bowring Road. However, its design, size, distance setback into the site and set behind the general established built form along Bowring Road, would all ensure the dwelling would not appear out of keeping and/or have an adverse visual impact upon the street scene. This area of Bowring Road has a variety of dwellings designs, sizes and finishes which have evolved over a number of decades, with varieties of traditional styles and finishes to more modern properties. The proposed bungalow would add to this variation of design styles along this section of Bowring Road.

6.3.4 The three dwellings set behind the bungalow would be partially apparent, namely to the north of the site (area around junction of Jurby and Bowring Road). However, their siting setback from eastern boundary of the site (33+m) and their scale, design and proportion would not result in prominent features in the street scenes.

6.3.5 Notwithstanding this, the design, proportion, scale, form and finish of the dwellings are appropriate for this street scene which are made up of a variety of different properties, scales, designs, finishes which have been constructed over a number of decades.

6.3.6 Accordingly, whilst there will be an impact to the visual amenities of the area over the current situation i.e. a single dwelling, the impact to public views would not be significant. Further the design, proportion, scale, form and finish of the dwellings are appropriate for this street scene which are made up of a variety of different properties, scales, designs, finishes which have been constructed over a number of decades. Overall, it is considered the proposals would be acceptable and comply with General Policy 2 of the IOMSP and the Residential Design Guide.

6.4 POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.4.1 The third issue relates to the potential impact of the development upon the residential amenities of neighbouring properties. Given the size of the site and number of dwellings, all properties adjacent to the site will be impacted by the development. Any development would have an impact; the issue to consider is whether the proposed development would significantly impacts upon the amenities of the neighbouring properties. Generally the main issue relate to overlooking resulting in a loss of privacy, overbearing impact upon outlooks and/or loss of light.

6.4.2 In this case the properties most likely to be affected would be "The Barn" to the rear of St Olave's Lodge to the north of the site, Nr 3 St Olave's Lodge, again to the north of the site and Nr 53 Bowring Road to the south of the site.

"The Barn" - (converted barn adjacent to St Olave's Lodge) 6.4.3 In relation to the converted barn, the corner of this building to the corner of the dwelling of the northern plot would be approximately 9m away. Between the two dwellings mentioned above is a high stone Manx wall approximately 2.5 to 3m in height and has vegetation growing up and above (within neighbours ownership). Accordingly, this wall will likely limit the majority of the proposed dwelling from view from the primary habitable rooms

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(living & kitchen/diner) at ground floor level. It is also noted that the main garden and amenity space for the converted barn is located to the eastern section of its site. The converted barn has windows (living room, kitchen/diner and bedrooms) which face in a south-westerly direction towards the site and also two windows within its south-eastern gable elevation (kitchen windows). However, it is also noted that while the northern most dwelling footprint is closer than the existing property, the outlook/light lost is not considered to be so dissimilar than what exists currently, given the footprint of the existing dwelling and it height/size.

6.4.4 There are first and second floor windows within the front elevation of the northern most proposed dwelling, which would have angled views toward the converted barn property. However, theses rooms are not primary habitable rooms being bedrooms and do not directly look at the physically development of the site, rather angled away. It is also important to note that the level of existing built development on the site and the windows within the existing property that already have a similar impact to the proposed development, especially in relation to the converted barn.

Nr 3 St Olave's Lodge 6.4.5 This property has the majority of its windows facing away from the proposed three dwelling, having views in a south easterly direction towards Bowring Road. There is a conservatory which projects forward of the front elevation of Nr 3. It is not considered the proposed dwelling would have any significant impact of loss of light and/or overbearing impacts to warrant refusal, given the orientation and distance of the proposed dwellings from Nr 3.

6.4.6 The potential greatest impact would be through overlooking from the proposed northern most dwelling on the site. The first and second floor windows would directly face towards the front garden/driveway and conservatory of Nr 3. The new windows would be approximately 19.1m form the side windows of the conservatory and 15.5m from the shared boundary. It is noted that the existing dwelling has a number of first floor widows within its front elevation which have a similar arrangement. While the proposal would potentially increase the level of overlooking, it is considered the distance (just under the 20m general guide) in this case is acceptable and would not significantly increase the level of overlooking that already exists. Further, the garden/driveway and conservatory in association with Nr 3 is also partially viewable from Bowring Road to some extent, so a level of overlooking already occurs.

Nr 53 Bowring Road 6.4.7 This property is located to the south/southeast of the site and the proposed bungalow would run almost parallel with the blank gable end elevation of NR 53, leaving a minimum gap of approximately 11.4m. The main initial concerns of the proposal is the finished floor level of this property and the rear garden are set approximately one storey below the ground level of the site. Accordingly, the rear garden of Nr 53 has a stone retaining wall which runs along the shared boundaries with the site, set approximately one storey below. Accordingly, the main concern was the potential overbearing impact upon outlooks any development would have upon the amenities of Nr 53.

6.4.8 Visiting Nr 53 and considering the application it is considered the proposed dwellings, namely the bungalow and the southernmost dwelling would not give raise to any significant concerns to warrant a refusal, given the distance form this property, existing built development on site and especially in relation to the bungalow its orientation with Nr 53.

6.4.9 Careful consideration will need to be had in relation to any landscaping along the southern boundary of the site which is shared with Nr 53 to ensure these in themselves do not cause concern of overbearing impacts/loss of light. A condition should be attached, but it is considered appropriate landscaping which does not grow to a significant height should be considered and any wall/fence is no taller than 1.1m and be setback into the site.

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6.4.10 During the site visit and correspondents with the owner of Nr 53, their main concern relates to potential damage cause to a section of their boundary wall (shared with applicants) which due to a previous mature tree (recently removed) there appears to be a bulging in the wall cause by the tree roots. They are concerns that if the tree stump (still in place) is removed, how this will affect the wall. This has been put to the applicants who have indicated the following which was an email from a Structural Engineer to the applicants agent, which was subsequently emailed to the owner of Nr 53 (15.11.24); "We recommended carrying out a Boundary Wall Condition Survey of the adjacent wall and gable of the property.

This structural inspection will identify and photograph any cracks and discrepancy in the existing boundary walls.

If the wall is noted to be leaning, monitoring locations will be set up and a dimensioned plumb survey completed.

At this time, we will identify any works that needs to be undertaken prior to the development commencing.

This will produce a record of the condition of the wall that can be signed by both neighbours prior to work commencing and referred against as work proceeds.

At the completion of the development a final survey will be carried out and difference to the original survey can be identified.

We trust that you find the above proposal satisfactory."

6.4.11 It should be noted that this is a civil matter between the two relevant parties rather than a material planning matter. However, it is hoped with above works/surveys carried out this can be resolved and the applicant's comments are noted.

6.4.12 Overall, while it is considered the development will have an impact upon surrounding neighbouring amenities, it is not considered the impacts would be so significant to warrant a refusal of the application and therefore comply with General Policy 2 and the Residential Design Guide 2021.

6.5 POTENTIAL IMPACT UPON HIGHWAY SAFETY 6.5 The site would utilises the existing access, albeit a section of boundary walling would be reduced in height to enable visibility splays of 2.4m x 43m in both directions along Bowring Road. Highway Services have considered this and the impact of three additional properties using the access and have raised no objection on highway safety grounds.

6.5.1 In terms of off street parking provision the IOMSP requires each dwelling to be provided with two off road parking spaces. All the properties would have at least two off road parking spaces.

6.6 POTENTIAL IMPACTS UPON TREES/BIODIVERSITY 6.6.1 It is noted the submitted bat report concludes there was no roost found within the building and the risk to bats from the demolition was considered low. The report concludes: "It is considered that the property is likely to be unfavourable to bats, despite the abundance of access opportunities, due to being unheated, damp and draughty inside. No bats were seen to emerge from the property."

6.6.2 A breeding bird report noted pigeons and house sparrows calling form inside the building, given broken windows giving the birds access and likely to nest. A suggested

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condition is that demolition takes place between September to February; albeit noting pigeons breed throughout the year.

6.6.3 Conditions for tree protection measures and bird boxes should be attached.

7.0 CONCLUSION 7.1.1 In conclusion; for the reasons indicated with this report it is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan 2016, Residential Design Guide 2021 and the Ramsey Local Plan having no significant adverse impacts upon public or private amenities and therefore it is recommended the application is approved subject to conditions as listed.

8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

8.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.

8.5 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 the Right to Appeal.

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.

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I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : ...Permitted... Committee Meeting Date:...09.12.2024

Signed :... Presenting Officer

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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 office copy and has been produced in this form for the benefit of our online service/customers and archive record.