28 July 2010 · Minister for Infrastructure (following Planning Committee approval and appeal Inspector Graham Self report)
Okara, Crescent Road, Ramsey, Isle Of Man, IM8 2jr
The proposal involved demolishing an existing small garage/building and building a new part-two-storey detached dwelling (9m wide x 7.2m deep x 8m ridge height) on a triangular overgrown plot in a residential area of Ramsey. The site backs onto gardens of bungalows in Lheaney Grove.
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Officer assessed principle acceptable in residential zone per GP2/SP1/SP2/HP4 as urban infill optimising under-used land near amenities, outweighing older R/R/P3 on 'breathing spaces' since site 'over…
Strategic Policy 1
Requires optimising previously developed/under-used land, efficient site use (access/landscaping/amenity), utilising infrastructure. Officer found site 'overgrown/unmaintained' suitable for residential infill in town, providing adequate space/outlook.
Strategic Policy 2 - Priority for new development to identified towns and villages
New development primarily in towns/villages. Site in Ramsey residential area near promenade/beach scores highly vs greenfield.
General Policy 2
Permits zoned development if respects siting/layout/scale/design/amenity/highways/privacy. Tested against streetscene (sympathetic despite 4.5m to path), neighbour amenity (19m separation, conditioned glazing/fence), highways (conditions); compliant.
Housing Policy 4
New housing primarily in towns/villages. Officer/Inspector emphasised post-2007 policy shift favouring urban sites over countryside.
Policy R/R/P3
Presumption against developing 'attractive natural breathing spaces'. Officer/Inspector downplayed as site 'overgrown/not significantly attractive/substantial', vegetation clearable; superseded by newer Strategic Plan weight on infill.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the demolition of the existing garage and erection of a detached dwelling as proposed in the submitted documents and drawings SM09/205/1REV A and SM90/205/2 all received on 21st September 2009 and 13th April 2010, except for any departure from the drawings resulting from conditions 4 and 8 below.
No permitted development
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval).
Rear landing window redesign
Notwithstanding the design of the rear landing window shown in the submitted drawings, no development shall be carried out until a scheme for re-designing this window has been submitted to the planning authority for approval. The re-designed window or windows shall be obscure-glazed (Grade 5), shall be non-opening, and shall not be altered in the future without the prior written approval of the planning authority. The development hereby permitted shall not be carried out other than in accordance with the approved scheme.
Western boundary fence/landscaping
Prior to any works on the proposed dwelling, there must be submitted to and approved by the Planning Authority detailed drawings, which show either a 1.8 metre high timber fence and/or a detailed landscaping scheme to reinforce the existing landscaping along the western boundary. Any trees or plants that within a period of five years from the completion of the development die, are removed, become seriously damaged or become diseased must be replaced in the next planting season with others of a similar size and species. This condition is to prevent any potential overlooking resulting in a loss of privacy from the ground floor windows into the neighbouring garden (1 and 2 Lheaney Close).
Access and hardstanding prior to occupation
Prior to the occupation of the proposed dwelling, all works to the access arrangements and the hardstanding fronting to the dwelling shall be in place, to enable the required parking and turning provision in the interest of highway safety.
Visibility splays
In the interests of highway safety visibility splays of 2 x 36 metre visibility splays are required to be provided. Splays shall be kept clear of any object, vegetation, or other obstructions of a height exceeding 1.05 m above the land of the adjacent carriageway.
Landscaping scheme
No development shall take place until full details of both hard and soft landscaping works have been submitted to and approved in writing by the Planning Authority and these works shall be carried out as approved. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the proposed dwelling hereby permitted. All planting shall be carried out in accordance with the approved details in the first planting and seeding seasons following that first occupation. Any tree or shrub which within 5 years from the completion of the development dies, is removed or becomes seriously damaged or diseased shall be replaced in the next planting season with another of similar size and species unless the Planning Authority gives written consent to any variation.
Tree protection
Those trees shown to be retained pursuant to condition 8 above, shall be protected in accordance with details to be submitted to and approved by the Planning Authority, prior to the commencement of any development.
No comment on merits; requests informative note
No comment on merits; requests informative on drainage connection
Ramsey Town Commissioners objected to the proposal as over intensive, un-neighbourly development contrary to local plan policy; Department of Transport deferred pending visibility splay details; Manx Electricity Authority requested contact regarding utilities; private residents objected on privacy, amenity, and visual impact grounds.
Key concern: over intensive and un-neighbourly development on insufficient site size contrary to Ramsey Local Plan Policy R/R/P3
Ramsey Town Commissioners
ObjectionIt is considered that the application site is of insufficient size to support a separate dwelling and therefore is un-neighbourly and an over intensive use of the site.
Ramsey Town Commissioners
Objectionwithin areas zoned for predominantly residential use there will be a general presumption against the development of those sites which provide attractive, natural breathing spaces between established residential buildings
Department of Transport
No CommentDefer; Visibility splays are not shown at the point of access.
Conditions requested: 2 x 36 metre visibility splays are required. Splays shall be kept clear of any object, vegetation, or other obstructions of a height exceeding 1.05m above the land of the adjacent carriageway.; The access drive arrangements shall comprise a turning facility to permit a motor car to turn around within the site so that a vehicle can emerge from the site in a forward gear
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application.; the applicant must contact the Authority.
Conditions requested: applicant must contact the Authority; Contact our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site; Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply
Isle of Man Water and Sewerage Authority
Conditional No ObjectionIf no other methods of surface water disposal can be found, the Isle of Man Water and Sewerage Authority request that this application be refused on these grounds.
Conditions requested: The proposed development must be connected to the public sewer(s). Full details of the foul and surface water disposal routes from this dwelling must be submitted as part of any subsequent detailed planning application.; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); A Communication Fee will be payable to the Isle of Man Water and Sewerage Authority in respect of this drainage connection.; The Isle of Man Water and Sewerage Authority strongly recommends that the necessary percolation tests are carried out and approved, prior to any detailed planning application being submitted in order to support the soakaway proposal.
Department of Transport Drainage Division
Conditional No ObjectionIf no other methods of surface water disposal can be found, the Drainage Division of the Department of Transport request that this application be refused on these grounds.
Conditions requested: The proposed development must be connected to the public sewer(s). Full details of the foul and surface water disposal routes from this dwelling must be submitted as part of any subsequent detailed planning application.; There must be NO discharge of surface water (directly or indirectly) from this proposed development to any foul drainage system(s); A Communication Fee will be payable to the Department of Transport in respect of this drainage connection.; The Division strongly recommends that the necessary percolation tests are carried out and approved, prior to any detailed planning application being submitted in order to support the soakaway proposal.
The Planning Committee approved the application for demolition of an existing garage and erection of a detached dwelling on a narrow, overgrown site in a residential area of Ramsey. Mr and Mrs R Ball and Ramsey Town Commissioners appealed against the approval, arguing the development would be cramped, over-intensive, harm the character as a green breathing space, and affect neighbour amenity and privacy in Lheaney Grove. The applicants and planning authority contended the site was suitable for residential use under policies promoting urban infill, with amended plans minimising overlooking. The inspector found no significant harm to streetscene or neighbour amenity, rejecting appellants' concerns on character, privacy, and tree roots, and recommended dismissing the appeals. The Minister accepted this, confirming approval with modified conditions including obscure glazing for the rear window and boundary screening.
Precedent Value
Demonstrates appeals against approvals rarely succeed without strong policy conflict; unkempt infill sites in residential areas can be developed if neighbour amenity protected by design/conditions. Future applicants should prioritise amended plans addressing privacy and cite policy favouring brownfield urban housing.
Inspector: Graham Self
