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                                      24/91324/B                                     Page  1  of  11

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 24/91324/B Applicant : Fairway Construction Ltd Proposal : Erection of 3 detached townhouses. Site Address : Land Adjacent To St Olave's Jurby Road Ramsey Isle Of Man

Principal Planner: Chris Balmer Photo Taken :

Site Visit : Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 20.01.2025 __

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 ground finished floor level of the three storey dwellings shall be 22.00 as shown on drawings BR-2024-FAIRWAY_PL01 and BR-2024-FAIRWAY_PL05.

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. All existing trees shall be retained, unless shown on the approved drawing BR-2024- FAIRWAY_PL01 as being removed.

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

C 4. 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.

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C 5. 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 6. No dwelling hereby approved shall be occupied until the parking area associated with that dwelling and shared access road and turning provision have been provided in accordance with the approved plan BR-2024-FAIRWAY_PL01. 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 7. No dwelling hereby approved shall be occupied until the visibility splay(s) identified on drawing BR-2024-FAIRWAY_PL01; 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 8. Prior to the commencement of any development a schedule of materials and finishes and/or 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 details shall demonstrate how at least one of the dwellings external brickwork and cladding to the front elevations will be finished differently to the other dwelling/s hereby approved and also the window frames shall be finishes in aluminium. 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 9. Along the north west elevation of Plot 1 all scaffolding shall only be 2 boards in width (0.8m), unless otherwise agreed in writing with the Department.

Reason: In the interest of tree protection of neighbouring trees.

C 10. The front boundary wall shall be finished in traditionally laid Manx stone (as existing) to a height of 1m unless otherwise agreed in writing with the Department.

Reason In the interests of the character and appearance of the site and surrounding area.

C 11. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.

Reason: To control development in the interests of the amenities of the surrounding area.

C 12. Prior to the commencement of any development a detailed scheme showing positions of bird brick/s with the elevations of the dwellings hereby approved shall be submitted in writing to the Department for approval. These approved details shall be installed prior to the occupation of the dwelling/s and retained thereafter.

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Reason: In the interests of biodiversity gain.

C 13. Prior to the commencement of any development a detailed scheme showing positions of bat brick/s to the upper sections of the north west elevation of Plot 1 and south east elevation of Plot 3 of the dwellings hereby approved shall be submitted in writing to the Department for approval. These approved details shall be installed prior to the occupation of the dwelling/s and retained thereafter.

Reason: In the interests of biodiversity gain.

C 14. No external lighting shall be installed unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted in writing to the Department for approval and retained thereafter.

Reason: In the interests of Protected Species.

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

Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on 22.11.2024.

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Right to Appeal

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

DOI Highway Services - No Objection Local Authority - No Objection Manx Utilities - No Objection - Condition attached __

Officer’s Report

1.0 SITE 1.1 The site is the land adjacent to St Olave's which is located to the south of the Jurby Road and to the west of the junction of Jurby Road with Bowring Road. The site is within Ramsey.

1.2 The site within the red line, is generally flat in nature and is clear of vegetation. To the rear of the site the ground levels (within blue line and ownership of applications) falls significantly downwards to the Sulby River below. This area is made up of scrub land/wooded area.

2.0 PROPOSAL 2.1 The application seeks approval for the erection of 3 detached townhouses. Each property would be three storeys in height, with a gable end feature fronting the property. The properties are finished in a mixture of painted render, cladding, facing brick to external elevations, including large sections of glazing to front and rear elevations. The roof would be finished in natural slates. Each dwelling would have a rear garden. 2.2 Each dwelling would have an integral single garage with front driveways for two off road parking spaces to the front of each property. A private shared estate road and turning area

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would front the properties and be accessed directly off the Jurby Road via alterations to the existing access.

2.3 Landscaping is proposed to the roadside boundary (north) and along the eastern boundary of the site.

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 tidal flood risk zone.

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;

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(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."

3.8 Environment Policy 4 states: "Development will not be permitted which would adversely affect: (a) species and habitats of international importance: (i) protected species of international importance or their habitats; or (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites. (b) species and habitats of national importance: (i) protected species of national importance or their habitats; (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or (iii) Marine Nature Reserves; or (iv) National Trust Land. (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."

3.9 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."

3.10 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."

3.11 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."

3.12 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."

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3.13 Residential Design Guide - July 2021

3.14 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 4.1 The previous planning applications are considered relevant in the assessment and determination of this application:

4.2 Erection of 2 detached dwellings with integral garages - 22/00444/B - APPROVED

4.3 Re-shaping of bank to the rear of the site (in association with PA04/02308/B) - 06/02015/REM - REFUSED; "The application site is not zoned for development and the proposal would lead to a unacceptable loss of woodland and wildlife and therefore would be contrary to the provisions of The Isle of Man Strategic Plan (20th June 2007), particularly General Policy 2, Environment Policy 3, and The Ramsey Local Plan - Planning Circular 2/99 - R/E/P8."

4.4 Erection of two four storey blocks, each block containing eight flats - 04/02308/B - APPROVED but expired on the 25.05.12.

4.5 Erection of dwelling with garage - 01/00131/B - APPROVED

4.6 Approval in principle for the erection of a dwelling - 98/01966/A - APPROVED

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

5.1 Ramsey Commissioners have no objection (23.12.2024).

5.2 Highway Services have no objection to the application making the following comments (09.12.2024 & 06.01.2025):

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"The access to the development site has extant planning permission under PA 22/00444/B. This application does not propose to alter the access already approved, and there have been no significant changes to access design requirements or standards that would require a re- evaluation of its suitability. Therefore, the access arrangements proposed are acceptable to Highways.

Internally, each plot is provided with a garage and two parking spaces on the hardstanding driveway. This is sufficient to meet the Strategic Plan parking requirements for dwellings. Internal dimensions of the garage fall marginally short of the 6m length requirement, however, the two driveway spaces are sufficient to accommodate the parking standards. The additional width of the garage means space can be proved for bicycle storage. The applicant may wish to consider the provision of electric vehicle charging points. The proposal raises no significant road safety or highway network efficiency issues. Accordingly, Highway Services Development Control raises no objection to the proposal subject to all access arrangements to accord to Drawing No. BR-2024-FAIRWAY-PL01. The Applicant is advised that a S109(A) Highway Agreement is needed after the grant of planning consent.

Recommendation: DNOC" 5.3 Highway Services Drainage comment (13.01.2025); "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: As there are no details at the entrance the Applicant should be aware of and demonstrate compliance with the clause above."

5.4 Ecosystem Policy Officer (DEFA) comments (23.12.2024); "No objection subject to condition.

Detailed comments o The site has previously been cleared to facilitate development, therefore the Ecosystem Policy Team request a number of conditions on approval in order to: mitigate the loss of wildlife habitat, including nesting bird habitat; to avoid further impacts on the adjacent wooded river corridor; and for compliance with Strategic Policy 4 of the Isle of Man Strategic Plan 2016 - Proposals for development must: (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas. In particular we would draw attention to the condition requesting a low level lighting plan in order to avoid potential adverse impacts on bats which are likely to be roosting, commuting and feeding in the woodland - surveys from the wider area have shown that the area is well used by bats of multiple species.

Potential Conditions o No works to commence unless a soft landscaping plan has been provided to Planning and approved in writing, for the planting to be undertaken as per this plan, and for the replacement of any planting which dies or is removed within the first 5 years of completion of the development. o No external lighting to be installed unless a sensitive low level lighting plan, following best practise as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 8/23 on Bats and Artificial Lighting (2023), has been submitted to Planning and approved in writing. o No works to commence unless a bird brick plan has been provided to Planning and approved in writing.

Additional Info The applicant is also encouraged to consider the installation of bat bricks high up on the north west elevation of Plot 1 and south east elevation of plot 3."

5.5 Manx Utilities Drainage have sought additional information regarding surface water drainage/soakaways (09.12.2024). Following a percolation test being carried out by the

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applicants and discussions between MU and the applicants, MU make the following final comments (20.01.2025); "I have spoken with Jon this morning, the percolation test has been carried out and was successful.

MU have no further comments to issue with regards to the drainage."

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.

PRINCIPLE OF DEVELOPMENT 6.2 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.

6.2.1 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.

6.2.2 Recent approval for two dwellings (22/00444/B) on the site was considered acceptable.

6.2.3 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.

THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA 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 views would be apparent when immediately passing the northern boundary of the site. There is currently an approximate 2m high Manx stone boundary wall along the roadside with Bowring Road exists, but this will need to be reduced to 1m to allow visibly splays. Views further along Bowing Road would be screened by existing properties along the road and/or the significant mature tree line along the western boundary of the site. Further, the dwellings are set back from Bowring Road. Accordingly, the main viewpoint of the dwellings will only clear when immediately passing the site.

6.3.3 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. The three storey town house style is similar to a recent planning approval on the neighbouring St Olave's site (PA 24/91155/B) to the southeast of the application site. This also include three detached town houses, of similar proportion, size and overall design approach.

6.3.4 A condition should be attached which seeks varying finishes or colours of the finishes i.e. this could be the brickwork and/or cladding to the three dwellings to ensure there is variation in

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styles, given the properties along this section of Jurby Road are generally different in house types/finishes.

6.3.5 Accordingly, whilst there will be an impact to the visual amenities of the area over the current situation, the impact to public views would not be significant and it is considered the proposals would be acceptable and comply with General Policy 2 of the IOMSP.

POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.4 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.

6.4.1 In this case the properties most likely to be affected would be "The Barn" to the rear of St Olave's Lodge (which accommodates three properties within) to the east of the site and easterly most Townhouse which forms part of Apple Tree Grove to the west of the site.

6.4.2 In relation to the single dwelling "The Barn", the corner of this building to the corner of the dwelling of the eastern plot would be approximately 6.3m away. This is a greater than the distance compared to the previous application, where one of the detached dwellings was located 5.8m away from the corner of "The Barn". Between the two dwellings mentioned above is a high stone Manx wall approximately 2 to 3m in height and has vegetation growing up and above (within neighbours ownership). Accordingly, this wall will likely screen the majority of the proposed dwelling from view from the primary habitable rooms (living/kitchen) at ground floor level. It is also noted that the main garden and amenity space for "The Barn" is located further to the east. There is a first floor Juliet balcony within the gable elevation of "The Barn" which would overlook the front garden/driveway of the two dwellings and two bedroom windows within the rear (south elevation) of this neighbouring property. There would be a loss of some light and have some overbearing impacts upon the outlooks from these windows/door by the development. However, theses rooms are not primary habitable rooms, do not directly look at the physically development of the site, rather angled away from the proposed development and the light lost would generally be in later afternoon/evening periods given the suns orientation (east to west) and orientation between the buildings.

6.4.3 The easterly most Townhouse of Apple Tree Grove to the west of the site, there is large amounts of tree coverage along this boundary. The gable end wall of the western plot would be located 12.7m to the corner of the townhouse in question. This is the same distance as previously approved under PA 22/00444/B. Between the two properties is the shared driveway which runs to the rear of the row of terraced town houses of Apple Tree Grove, gaining access to the rear parking area to these properties. While there are windows within the gable end elevation (west of plot 1) of the proposed dwelling which would look towards the rear area of these dwelling (through the trees); it is considered given the distance of such views and there are over more public areas (i.e. shared car parking/driveway) the impact is not so significant to warrant a refusal. Furthermore, the two windows in question (first and second floors) serve no habitable rooms (bathroom and dressing room) and are not primary habitable rooms where potential overlooking would be more likely. No significant overlooking into the windows of any of the properties of Apple Tree Grove would occur, given the orientation and distance. There are a total of seven windows within the side gable elevation of plot 3. These have the potential to increase overlooking towards "The Barn". It is noted that of the seven windows, four are located at ground floor level and would not cause any concerns given the height of the boundary wall around "The Barn". The remaining three windows (first and second floors) would serve landings and in a corner of bedroom 2. It is considered given these windows do not serve primary habitable rooms (i.e. lounge/kitchen dining rooms etc) and given any such views are not directly facing, but rather angled views; again, it is not considered the impacts through overlooking would be so significant to warrant a refusal.

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6.4.4 Since the approval of the previous application, a development of four dwellings (three town houses and one bungalow) has been approved under PA 24/91155/B. In relation to impacts to this development, the southernmost dwelling (Plot 3) would have the greatest potential impact upon the northern most approved dwelling on this neighbouring site. The northern most approved dwelling's gable end elevation would face towards the application site; however, this is a blank gable end wall. Accordingly, given this and the orientation of the properties in question and distance retained, it is not considered there would be any significant impacts upon the amenities of these recently approved scheme.

6.4.5 It is considered the potential impacts upon neighbouring amenities would not be so significant to warrant a refusal and therefore comply with General Policy 2 and the Residential Design Guide 2021.

POTENTIAL IMPACT UPON HIGHWAY SAFETY 6.5 The proposed access arrangements are as approved under PA 22/00444/B, which provided the required of 2.4m x 43m in either direction. The access being on a 30mph highway in a built up area, requires visibility splays of 2.4m x 43m in either direction. The splays shows are actually 2.4m x 115m in westerly direction and 2.4m x 51m in an easterly direction towards the junction with Bowring Road.

6.5.1 This will require the majority of the front boundary wall being lowered or removed and a pillar to the west of the access which is within the applicant's ownership. The splay would go over land not within the applicants control, namely to the west (Apple Tree Grove). However, the splay would essential share the same visibility splay as the access serving Apple Tree Grove. There roadside boundaries are boundary walls under 1m in height. Therefore the proposed improvements to the visibility splays for the current application site will also be beneficial to the residents of Apple Tree Grove and vice versa. This arrangement was approved under PA 22/00444/B.

6.5.2 Highway Services have raised no objection and considered it to be safe and appropriate for three dwellings. A condition will be required for details of the front boundary wall to ensure it is below 1m in height and is visual appropriate.

6.5.4 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 and shared turning provision within the site.

POTENTIAL IMPACTS UPON TREES/BIODIVERSITY 6.6 The previous application a representation raised some initial concern (from DEFA Forestry) of the proposed development, namely the west plot in relation to the adjacent mature trees which run parallel with the western boundary of the site, outside applicant's control. However, following site discussions, this concern is no longer an issue, subject to a condition that the scaffolding is only 0.8m in width rather than the normal 1.2m in width, to help protect the trees. This condition was accepted by all parties. It is considered such a condition be attached again.

6.6.1 The Ecosystem Policy Officer has sought a number of conditions to help the development have a bio-diversity gain and these are considered acceptable.

DRAINAGE 6.7 The application have indicate that they have undertaken a percolation test which was successful and they have discussed the results with Manx Utilities. Manx Utilities raise no objection with regards to the drainage.

7.0 CONCLUSION

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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.

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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: 27.01.2025

Signed : C BALMER Presenting Officer

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

Signatory to delete as appropriate YES/NO See below

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