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22/01340/B Page 1 of 17
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01340/B Applicant : Seymar Developments Ltd Proposal : The development of eight townhouses and associated car parking and landscaping Site Address : Land At Corner Of Premier Road And Mooragh Promenade Premier Road Ramsey Isle Of Man
Planning Officer: Hamish Laird Photo Taken : 01.06.2023 Site Visit : 01.06.2023 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Approve subject to Legal Agreement Date of Recommendation: 10.11.2023 __
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 development hereby approved shall not be occupied or operated until the parking, garages, layout and proposed footway on the frontage of the site have been implemented before first occupation of the dwellings. The parking and turning areas shall be 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 prior to the first occupation of the dwellings in the interests of highway safety, with such provision, thereafter, being maintained for the lifetime of the development.
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 coastal 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.
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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 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. The development shall not take place unless in accordance with the approved details.
Reason: To provide adequate safeguards for the ecological species existing on the site.
C 6. At least 4 swift nest bricks shall be incorporated into the northern, side elevation of the northern building. The swift boxes shall thereafter be retained and maintained for the lifetime of the development.
Reason: Swifts are a species in need of conservation action that are entirely reliant on buildings for nesting in the Isle of Man, and which are known to nest locally. The height and location of this building is ideal for swifts, as would the northern elevation, because they are prone to overheating in nests which are located facing south. Swift nest bricks should be placed high up under the eaves, with at least a 40cm gap between entry holes.
C 7. Prior to the commencement of the development, hereby permitted, the foul drainage proposals for the development must be illustrated on a drawing showing the connection(s) into the 1050mm diameter sewer within Park Road. Any connection should be made into the MH sewer ref SC45950004 as shown on the plan attached to MU's comments on the application. Any adoptable drainage must be constructed in accordance with Manx Sewers for Adoption.
Reason: To ensure that the foul drainage connection to serve the proposed development is sufficient and to avoid any potential for groundwater and surface water pollution.
C 8. In order to minimise the potential from flood risk, the threshold of any door or opening shall be sited a minimum of 600mm above flood level as per the design Flood Risk Assessment accompanying the application. Flood resilient doors must be installed prior to the first occupation of any dwelling, hereby permitted, especially in the garage area, with all such measures and doors, thereafter, be maintained for the lifetime of the development.
Reason: To minimise the risk from flooding.
C 9. Prior to the commencement of the development, hereby permitted, a plan shall be submitted to and approved in writing by DEFA Planning showing areas marked out for Machine access. Areas designated for storage of materials, and waste or discharge of any compounds deleterious to plant or animal life shall not to be permitted in the marked off areas to avoid damage to vegetation and compaction of the topsoil.
Reason: To provide adequate safeguards for the ecological species existing on the site.
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N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.
You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.
To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.
N 2. The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 20th November, 2023. 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.
This application has been recommended for approval for the following reason. The proposed development accords with the provisions of Strategic Policies 1, 2 and 5; General Policy 2; Housing Policies 1, 4, and 5; Environment Policy 42; Transport policies 4 and 7; and Recreation Policy 3 in the Isle of Man Strategic Plan 2016. It further complies with Policy R/R/P2/C of the Ramsey Local Plan; and is recommended for approval.
Plans/Drawings/Information;
The development shall be carried out strictly in accordance with the following approved plans and documents:
Drawing No. 21026-001-A - Location Plan received 8 November, 2022; Drawing No. 21026-102-H - Proposed Block Plan - received 5 October, 2023; Drawing No. 21026-103-H - Proposed Site Plan - received 5 October, 2023; Drawing No. 21026-104-D - House Type 1 (middle and end units) Planning Sheet 1 - received 5 October, 2023; Drawing No. 21026-105-D - House Type 1 (middle and end units) Planning Sheet 2 - received 5 October, 2023; Drawing No. 21026-106-D - House Type 1 (middle and end units) Elevations Sheet 1 - received 5 October, 2023; Drawing No. 21026-107-D - House Type 1 (middle and end units) Elevations Sheet 2 - received 5 October, 2023; Drawing No. 21026-108-E - House Type 2 (corner unit) Plans Sheet 1 - received 5 October, 2023; Drawing No. 21026-109-E - House Type 2 (corner unit) Plans Sheet 2 - received 5 October, 2023; Drawing No. 21026-110-E - House Type 2 (corner unit) Elevations Sheet 1 - - received 5 October, 2023; Drawing No. 21026-111-E - House Type 2 (corner unit) Elevations Sheet 2 and Section - - received 5 October, 2023; Drawing No. 21026-112-G - Street Elevations - received 5 October, 2023; Drawing No. 21026-113-E - Context Elevation (Promenade) - received 5 October, 2023; Flood Risk Assessment and Drainage Strategy Issue 5 - received 24 February 2023
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Interested Person Status - Additional Persons
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It is recommended that the statutory consultees and the owners/occupiers of the properties following should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are mentioned in Article 6(4):
Manx Utilities DOI Housing DOI Flood Team, and, Manx National Heritage
1 Lakeside Apartments, Ramsey, IM8 3AR 2 Lakeside Apartments, Ramsey, IM8 3AR 3 Lakeside Apartments, Ramsey, IM8 3AR 4 Lakeside Apartments, Ramsey, IM8 3AR 5 Lakeside Apartments, Ramsey, IM8 3AR 6 Lakeside Apartments, Ramsey, IM8 3AR 7 Lakeside Apartments, Ramsey, IM8 3AR 8 Lakeside Apartments, Ramsey, IM8 3AR
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (2021). __
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 mostly laid to grass, albeit with an area of hardstanding located to the corner of Park Road and Premier Road to the east and south; and, to the west of Mooragh Promenade.
2.0 PROPOSAL 2.1 The application seeks approval for the development of eight townhouses comprising two house types and associated car parking and landscaping. The front elevations (east) of the terrace of houses would face towards Mooragh Promenade, the rear elevations (west) would face towards the Ramsey Park Hotel and the recently completed Apartment building along Park Road.
2.2 The House type 1 dwellings have traditional form, with a pitched roof, and projecting gable end features spanning the four storeys including the roofspace. The window fenestration and balconies are contemporary in design, with the first and second floors having Juliet balconies, and full-height inward opening glazed doors, whilst the 3rd floor balconies have recessed full-height glazed doors providing an outdoor, covered seating area under the pitched dormer roof of the front projecting gables.
2.3 Following the receipt of amended plans on 5th October, 2023, The House Type 2 dwelling is proposed to be sited on the corner of the site at the junction of Park Road with Mooragh Promenade. This would be a storey height lower than the House Type 1 dwellings, and would not have a 2nd floor balcony providing the outdoor covered seating area of the House Type 1 dwellings facing Mooragh Promenade. The House Type 2 dwelling would have a corner turret at 2nd floor level with a cone shaped roof. They would be smaller and narrower in size and scale with windows on their side elevations acting as secondary windows serving the ground floor lounge; first floor lounge/kitchen/dining area; and as a main obscure glazed window
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serving the second floor en-suite bathroom. The curved glazed window serving the turret would serve bedroom 1 in these dwellings.
2.4 All the dwellings would have ground floor integral double garages accessed from the rear, with each garage containing space for cycle storage; first floor rear balcony areas accessed from the first floor kitchen/dining areas that would face towards the hotel; and, second floor windows serving bedrooms 2 and 3, with bedroom 1 windows facing Mooragh Promenade.
2.5 Besides the 2 No. car spaces per dwelling contained within the integral garages, parking for a further 12 cars is shown in plan as being provided adjacent to the eastern site boundary closest to the Hotel. All of the car parking would be accessed via a shared private drive derived from 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 policies contained in the Adopted Isle of Man Strategic Plan (2016) are of relevance 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; (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;
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(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 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."
3.12 Other policies of relevance, including elements of those outlined above within the Isle of Man Strategic Plan - 2016, are as follows: o Strategic Policy 1(a) - reusing building materials o Strategic Policy 4(b) - protect and enhance landscape and nature conservation value
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o Strategic Policy 5 - new development (including individual buildings) should be designed so as to make a positive contribution to the environment (and in some cases a Design Statement will be required) o General Policy 2(d) - incorporates existing landscape features (m) - designing out crime (n), reducing energy consumption o Community Policy 7 - designing out crime o Community Policy 11 - prevention of outbreak and spread of fire o Infrastructure Policy 5 - water conservation and management measures o Energy Policy 5 - Energy Impact Assessment (over 5 dwellings/100 sqm commercial development)
3.13 In addition, the Isle of Man Residential Design Guide (July 2021) is of relevance in respect of considerations such as design and the potential for overlooking and protection of the residential amenities of existing residents and future occupants of the development.
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 applications 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.
4.9 Erection of two 6 storey apartment buildings containing 23 apartments in total, and associated parking - 17/00870/B - APPROVED - 23.01.2019.
4.10 Variation of condition 2 of PA 17/00870/B, Erection of two 6 storey apartment buildings containing 23 apartments in total and associated parking, to amend the car parking provision - 21/00144/B - Application Withdrawn - 12.03.2021.
4.11 Erection of five detached dwellings with associated garages, parking and external works
5.0 REPRESENTATIONS
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5.1 Highway Services (received on 15.09.2017 and 13/10/2023) make the same following comments:
"After reviewing this Application resubmission dated 5th and 13th October 2023 online, Highway Services HDC finds it to still have no significant negative impact upon highway safety, network functionality and /or parking, subject to parking, garages, layout and proposed footway on the frontage of the site being implemented before first occupation of the dwellings. The Applicant is advised to consider installing electric vehicle charging points for occupants.
A s109 Highway Agreement may be required for the footway works if to be adopted."
5.2 Ramsey Commissioners have no objection (received on 9.1.23), and no further comments were received in respect of the amended plans received on 5th October, 2023.
5.3 The Ecosystems Policy Officer (DEFA) makes the following comments (received on 14.12.22):
"As is stated within the Ecology and Trees section of the Planning Statement, we spoke to the Dr Philippa Tomlinson today (the Ecologist responsible for undertaking the clover translocation) and can confirm that the translocation of the rare clovers previously found on site has now taken place. Therefore, contrary to MNH's response dated 23/11/22, we do not believe that a botanical survey and translocation plan is required. However, Section 7 of the amended Ramsey Clover Method Statement, which deals with management and monitoring of the receptor site, is still relevant, so we recommend that this method statement, or specifically section 7 of this statement, is secured as a condition on approval.
Additionally, there will still be rare clover seed present in the soil at this development site, which may continue to flower, and therefore it would be valuable for Dr Philippa Tomlinson to be able to retain access to the site, to collect any additional plants and soil to boost the translocation effort, recognising that once the building working is taking place, it may not be possible, practical or safe to access this area. We don't know if a specific condition is required or can be implemented, or this can just be agreed informally with the developers?
In regards to the plans for the new townhouses, I don't believe that a landscaping plan has been provided with this application, but note that landscaping is proposed for the front gardens, which are to be located only 30m away from Ramsey Mooragh Shore Area of Special Scientific Interest (ASSI). This ASSI is already suffering declines in its quality and extent due to coastal erosion and invasion by some non-native plant species, and therefore it is extremely important that inappropriate planting on the development site, which could spread to the ASSI, is avoided. Therefore we request that a condition is secured for a landscaping plan to be provided to Planning for written approval, which contains details of the species to be planted on site.
We also request that at least 4 swift nest bricks are incorporated into the northern, side elevation of the northern building, as further ecological mitigation. Swifts are a species in need of conservation action that are entirely reliant on buildings for nesting in the Isle of Man, and which are known to nest locally. The height and location of this building would be ideal for swifts, as would the northern elevation, because they are prone to overheating in nests which are located facing south. Swift nest bricks should be placed high up under the eaves, with at least a 40cm gap between entry holes."
5.4 Manx Utilities Drainage (14/12/22) comments that:
Foul Drainage "...the above planning application the proposal in its current format lacks drainage detail for full consideration. Foul Drainage. The foul drainage proposals for the development must be
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illustrated on a drawing. It is stated that they will be connecting into the 1050mm dia sewer within Park Road, Manx Utilities will require any connection should be made into the MH highlighted below (ref SC45950004). Does the applicant wish for this section of drainage to be publically adopted by MU, if so any adoptable drainage must be constructed in accordance with Manx Sewers for Adoption.
Surface Water Surface Water It is suggested that the current empty plot naturally drains to ground, whilst this may be correct it is not known how efficient this percolation is especially given the close proximity of the sea which is known to surcharge the ground in this location. MU will require the applicant to provide percolation test results to demonstrate such soakaways are suitable."
5.5 The DOI Highways Drainage (5.1.22) comment that:
"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: Please demonstrate that surface water run-off from the site will not be discharged onto the public highway."
5.6 The DoI Housing Division (13.11.2023) commented that:
"We refer to the aforementioned planning application, and we can confirm that we have looked at the detail of the application and have considered the provision of a 25% Affordable Housing requirement.
Current data drawn from Housing Division records for the North of the Island indicates that there are 63 persons on the general public sector waiting list for affordable housing to rent in the north.
There are 47 persons on the First-time Buyers Register seeking to purchase a first home in the north of the Island. Of this number, 41 are on the Active Purchaser List seeking to purchase a home within the next 12-18 months. This figure is not indicative of likely final purchases as the ability to progress to completion would depend upon personal circumstances and mortgage ability at point of allocation.
The dwellings included in this application are by their size and type not suitable for sale as affordable housing and therefore the Department requests that in this case the Committee approves the inclusion of a Commuted Sum to be paid by the applicant in lieu of two (2) affordable units, should the application receive approval. The applicant should agree the quantum of the Commuted Sum with the Department as soon as possible."
5.7 DoI Flood Risk Management Team (23/1/23) - comments: "Do not oppose subject to condition(s). FRM suggest that the threshold is 600mm above flood level as per the design FRA and that flood resilient doors are installed, especially in the garage area."
5.8 Manx National Heritage (23/11/22) advises that its statutory responsibilities pertain to the protection of the cultural and natural heritage of the Isle of Man are defined under the terms of the Manx Museum and National Trust Act; and, comments:
"The application site supports a number of rare clovers which depend on specialised conditions such as the disturbed light sandy soils, usually with a coastal influence as is the case here. A recent survey, undertaken by Dr Philippa Tomlinson, on behalf of Seymar Developments, highlights the rarity of the clovers, including species which are protected under the IOM
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Wildlife Act 1990. The report puts forward a number of suggestions for the translocation of the plants in order to ensure their conservation.
Dr Tomlinson recommends that a botanical survey of the site should be undertaken prior any works and the positions of any individual clover plants marked to allow individual translocation if deemed appropriate. Consideration should also be given to lifting and potting on/heeling in and protecting individual plants, pending translocation if the chance of success of this operation justifies.
Seed is also to be collected from the clovers growing on site and made available for sowing in suitable areas or for cultivation of plants for plug planting in subsequent years. Areas of sand and gravel to be translocated are also to be identified and marked. Machine access, except for the operations listed, storage of materials and waste or discharge of any compounds deleterious to plant or animal life is not to be permitted in the marked off areas to avoid damage to vegetation and compaction of the topsoil.
We support the recommendations of Dr Tomlinson and would like to see them made a condition of this application should it be permitted."
THIRD PARTY REPRESENTATIONS 5.9 A joint letter has been received (12/12/22) from the owners/occupiers of the following properties:
1 Lakeside Apartments, Ramsey, IM8 3AR 2 Lakeside Apartments, Ramsey, IM8 3AR 3 Lakeside Apartments, Ramsey, IM8 3AR 4 Lakeside Apartments, Ramsey, IM8 3AR 5 Lakeside Apartments, Ramsey, IM8 3AR 6 Lakeside Apartments, Ramsey, IM8 3AR 7 Lakeside Apartments, Ramsey, IM8 3AR 8 Lakeside Apartments, Ramsey, IM8 3AR
A summary of its contents are:
They object to the planning application stating they cannot contest the building of properties on designated land although when they purchased their properties it was on the understanding that any development would be no more than 2 -stories in height with the developer making it clear that that the buildings would be low-lying and non-intrusive in direct contrast to the 3- storey monstrosities now proposed.
We have bought these properties for our retirement with our life savings and were assured of peace. We were never given an indication that they would be living next to a public thoroughfare serving 16 garages. Many of the residents are frail and have mobility issues, and if the plans go ahead residents would have enormous difficulties accessing their private garages. Our private car park would become a public one and a general thoroughfare with workers and construction vehicles being on site for months on end.
Thereafter, the new premises would have would have cars passing through daily and in the early morning hours causing noise and disturbance from drunken revellers when there are functions at the Hotel. It would become a children's playground with bikes, ball games and constant disturbance. Our car park is already showing signs of settlement form the hotel delivery lorries, causing a ceiling/floor crack on one of the garage walls.
The planning notice should be visible from the highway in this case it was placed on Mooragh Promenade with no footpath on this side of the road to enable passers-by to read them also the signs were set at a low level requiring you to crouch down to read them. The application
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was advertised in The Examiner on 22/11/22, and there was not enough time in which to comment. We should be grateful if all of these points could be taken fully into account in deciding the application. In its current form it is unreasonable, unfair and a source of considerable distress among residents here.
5.10 A letter has been received from the owner/occupiers of Apartment 2, Lakeside Apartments, Park Road, Ramsey, comment (original scheme design only) (28/11/22 and 29/11/22) that they recently bought their property, stating:
"We pay maintenance charges on the property which includes the private car park for the residents of the Apartment Block.
When we were going through the sale, it was pointed out to us that there may be future buildings built where the planning is now. We gave this a lot of thought and came to the conclusion that it would not bother us as our patio and lounge overlook Mooragh Lake.
What is very concerning is that at no time were we informed that Seymar Developments are intending using the entrance to our Apartment Block, through the private car park for access to the new site. My wife and I feel this will impose on us in a negative way giving the amount of new traffic and the damage that it might make to the block paving, the bin wagon for example would have to use this access to empty their bins. This will only increase the owners of Lakeside Apartments maintenance fees as the Apartments are Leasehold. This will also lead to congestion with more vehicles coming into and exiting Premier Road.
The proposed access road could also cause a collision with residents of Lakeside Apartments reversing out of their garages that the access road runs past.
Looking at the submitted plans, there is ample space on the Northern perimeter of the proposed building plot to make an access road through the Hotel carpark which Seymar Developments owns. This would be more fitting with the Plans and would not put any more traffic into Premier Road."
5.11 The owner/occupier of Apartment 2, Lakeside Apartments, Park Road, Ramsey, comment (amended scheme design) (23/10/23), stating:
"I would like to make an objection to the plans regarding the access road through the car park of Lakeside Apartments.
The Residents of Lakeside Apartments pay rates for the car park and Maintenance charges for the upkeep. The paving is not designed for heavy use and extra traffic. The bin wagon has already caused damage to the paving which will need rectifying.
I would imagine if these plans are passed, heavy-building vehicles will also be using the car park to deliver their goods which will cause more damage.
Nothing in my Lease states that any future building on the site will require access through the car park. There is plenty of room for an entry and exit road at the North end of the site and straight onto Mooragh Promenade leaving Premier Road and Park Road clear of extra traffic.
I hope Planning refuses access through Lakeside Apartments Car Park."
5.12 In response to the amended plans residents were re-consulted and the owners/occupiers of 1, 3, 6, 7 and 8 Lakeside Apartments raise similar concerns to those raised in the residents' joint letter and to those received from the occupants of Apartment 2. Full details of the representations made are available to view on the DFA Planning Government website. See:
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https://services.gov.im/planningapplication/services/planning/planningapplicationdetails.iom?A pplicationReferenceNumber=22/01340/B
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 proposes to utilise a recently approved vehicular access onto Premier Road which Highway Services have no objection to.
6.4 In terms of parking provision, the Isle of Man Strategic Plan 2016 generally seek 2 spaces per unit for Residential Terraces within the curtilage of the dwelling where they would not result in a poor outlook for residents. In this case would be sited to the rear of the terrace and would not be readily visible from the front aspects of the dwellings which face out onto Mooragh's Promenade. Each unit is to be provided with internal garages with sufficient space to park 2 cars, plus secure bins and cycle storage. In addition, a parking area for 12 cars is proposed to be sited to the rear of the dwellings. This gives a general provision of 28 car parking spaces, plus on-site turning space for both the garages and the 12 'outdoor' parking spaces.
6.5 It is considered that overall, the proposal would provide sufficient off road parking spaces and turning facilities within the site to serve the development 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. Furthermore, Highways Services have considered the impact on the highway network and raised no objection. It is also noted again, that PA 07/01790/B approved the demolition of the two then existing bungalows to the rear of this particular site and development of the site (including the current application site) to provide a hotel with function and conference facilities, and 96 residential apartments, which arguably would have created a greater level of traffic movements onto and off 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,
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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 subsequent to the receipt of the amended plans showing conical roofed corner elements to each of the end terrace properties, the design picks up on and reflects the Victorian terraces to the south fronting Mooragh's Promenade and which also front onto Premier Road directly opposite the site's southern boundary. The dwellings are considered to provide a modern reflection compared to nearby Victorian properties. This complies with the relevant policies, particularly with regard to scale, form, finish and siting.
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 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 Mooragh 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 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 distinct 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 a distinct mixture of properties within the immediate area which have been constructed over 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 an 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
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6.14 The part of the development which may impact upon residential amenity would be the three storey south-eastern corner of the development which corners Mooragh Promenade and Premier Road, which is to the north of and directly opposite 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 which is three stories and not six as previously approved.
6.16 First, 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 would 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 six 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 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 previously approved schemes 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, they would not wrap around the south-eastern corner of the building as per the previous approval. This represents an improvement in respect of the amenity impacts of the scheme relating to the windows to Premier Court. It is also considered that the amount of time such balconies would be in used due to the Manx weather and given the size of the balconies, is small and is unlikely to result in an insignificant level of overlooking.
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 The proposed development is for 8 residential units. In this regard, Housing Policy 5 of the Strategic Plan requires consideration. This requires that 25% of provision should be made up of affordable housing where the development proposes 8 dwellings or more. The Housing
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Division have sought provision via 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. The site is immediately adjacent to Mooragh Park, playing fields and Mooragh Promenade; it is not considered that provision on site is required. Recreation Policy 3 in the Strategic Plan indicates that new residential development of ten or more dwellings must make provision for recreational and amenity space. It is considered that the amenity space proposed around and to serve the development is acceptable. Given that the scheme is for 8 units, no commuted sum is required to be made in respect of recreational provision via a Section 13 Legal Agreement.
POTENTIAL FLOODING ISSUES 6.23 In respect of the previously approved application, Manx Utilities (MU) had sought a Flood Risk Statement due to the site being with a flood zone. This has been provided with this application. The ground floor finished floor levels are considered to be acceptable in providing a sufficient freeboard against potential flooding. The Flood Risk Management Team has raised no objection to the current proposals which show no ground floor sleeping accommodation. The points raised by DOI Highways Drainage are noted. It is considered unlikely that surface water would run-off onto the public highway as this would be channelled into the surface water drainage arrangements for the scheme. This potential can be controlled by condition attached to any planning permission granted.
6.24 In regard to potential flooding issues, the proposals are considered to be acceptable and accords with the provisions of General Policy 2 (l) of the Strategic Plan.
ECOLOGY 6.25 The comments received from the Ecosystems Policy Officer and Manx National Heritage (MNH) are both noted. It is considered that as requested by MNH, a botanical survey of the site should be undertaken prior any works and the positions of any individual clover plants marked to allow individual translocation if deemed appropriate; and, that consideration should also be given to lifting and potting on/heeling in and protecting individual plants, pending translocation if the chance of success of this operation justifies. The requirement for these works can be covered by condition.
6.26 A further condition should be attached to mark out areas for Machine access, except for areas designated for storage of materials, and waste or discharge of any compounds deleterious to plant or animal life should not to be permitted in the marked off areas to avoid damage to vegetation and compaction of the topsoil.
6.27 The requirement for a landscaping plan should be conditioned and a condition should be attached requiring the provision of a minimum of 4 Swift nest bricks to be incorporated into the northern, side elevation of the northern building which should avoid overheating of the nests and maximise the survivability of any offspring the swifts may produce. The swift boxes should be retained for the lifetime of the development.
6.28 It is considered that the above measures and proposed conditions are acceptable and should assist in preserving and enhancing the ecological offering of the site and development. This accords with the provisions of General Policy 2 (d) of the Strategic Plan.
OTHER MATTERS 6.29 In addition, no other concerns or impacts particularly those outlined in policies within the plan which support elements of Sustainable Construction applicable to this proposal are identified with regards to other material considerations which would justify refusal.
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6.30 A Boiler Ban Alert Notice should be added to any planning permission that may be granted.
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: 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. __
This Officer recommendation to approve this application subject to the applicant entering into a legal agreement was originally considered at a meeting of the Planning Committee where the members determined to approve the application subject to a legal agreement securing provision of
Public open space
At that meeting the Members wished it minuted that once such agreement was in place the decision to approve the application could be made under the authority delegated to an appropriate officer of the Directorate.
In accordance with that instruction, this application has been ultimately determined in that manner.
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.
Decision Made : ...Permitted... Committee Meeting Date:...20.11.2023
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Signed :...H LAIRD... 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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