Officer Report

Application No.: 15/00749/B Applicant: Mr David Maddrell Proposal: Variation of condition 1 of approved PA 10/01832/B (erection of dwelling and creation of vehicular access) to extend period of permission Site Address: Plot Adjacent To Maughold Lodge Claughbane Walk Ramsey Isle of Man Case Officer : Mr Chris Balmer Site Visit: 18.08.2015 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 SITE - 1.1 The application site forms the curtilage of a parcel of undeveloped land, located to the north of Maughold Lodge and Claughbane Walk and east of The Crescent. To the east of the application site are the properties of 29, 30 and 31 Queens Valley. To the north and west of the site is a vacant plot of land.

2.0 PROPOSAL - 2.1 The application seeks approval for variation of condition one of approved application 10/01832/B to extend the period for a further two years.

3.0 PLANNING POLICY - 3.1 The dwelling has been zoned under the Ramsey Local Plan Order 1998 as being within an area of predominately residential; the site is not within Ramsey Conservation Area. - 3.2 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:- - 3.3 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;

• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption.

4.0 PLANNING HISTORY - 4.1 The following planning application is considered relevant in the assessment and determination of this application: - 4.2 Erection of a detached dwelling and creation of a vehicular access - 10/01832/B APPROVED at APPEAL - 4.3 Creation of temporary vehicular entrance - 10/01550/B - APPROVED - 4.4 Erection of a detached dwelling and creation of a vehicular access - 09/01533/B REFUSED at APPEAL on the following grounds:-

• 1. Because of its siting, the proposed driveway would dominate the outlook from adjoining dwellings, and there would be perceived overlooking of these dwellings from the drive. The effect of the access on the local amenity of adjacent dwellings would thus be unacceptable.
• 2. The Mass of the proposed 3-storey dwelling, and its siting on an artificially created platform, would have an adverse visual impact on the residents of neighbouring dwellings.

Erection of a dwelling and creation of a vehicular access - 08/00693/B - REFUSED at APPEAL on the following grounds:-

• 1. The proposal as a whole, including the earthworks likely to be necessary, would detract from the residential amenities of the area.
• 2. The proposed access arrangements could cause road-safety hazards. The Minister did state that this decision is without prejudice to a further application which:-

• (a) includes full details of the levels and extent of all earthworks and retaining structures;
• (b) demonstrates where and how the required visibility splays would be provided; and
• (c) addresses the concerns expressed in paragraph 24 of the report (regarding creation of the driveway and impact on neighbouring amenities).

4.5 Approval in principle for the erection of a single dwelling - 06/02255/A - APPROVED at APPEAL. - 4.6 Approval in principle for the erection of two detached dwellings and associated parking 06/00314/A - Refused on the following grounds:The proposal, by reason of its siting and design:

• 1 (a) would result in the introduction of unsympathetic and incongruous features within the locality when view from Claughbane Walk in that would be out of keeping with the general established character of the area contrary to Policy R/R/P3 of Planning Circular 2/99;

• (b) would result in the creation of a poor relationship between the proposed dwellings which would result in overlooking and overshadowing and thereby result in the creation of a

• poor residential environment for the future occupiers of the dwellings to the detriment of their living conditions; and
• (c) the proposed dwelling nearer to Maughold Lodge would be so close, and at such a level that it would not provide an acceptable level of amenity for the occupants, in that it would be overlooked and overshadowed thereby.

• 2. The proposed development would generate more traffic compared to a single dwelling house and would intensify the use of the existing access onto the public highway. The visibility from the proposed access driveway onto the public highway is inadequate to serve the increased traffic movements from the site and therefore would be prejudicial to highway safety. Furthermore, the width of Claughbane Walk would not permit safe access/egress by vehicles, and is inadequate to serve the needs of this development resulting in increased congestion and nuisance to the detriment of the free flow of traffic and road safety.

5.0 REPRESENTATIONS - 5.1 Ramsey Commissioners have not objected to the application (received on 05.08.2015).

6.0 ASSESSMENT - 6.1 The application is to vary a condition that seeks to restrict the time limit for the implementation of the application. This would have the effect of adding an additional two years to Condition 1 of PA 10/01832/B. - 6.2 The principal issue in the assessment of this application is whether there have been any material planning matters (e.g. policy changes / land used designations / Local Plan adoption / new or altered legislation, and so forth) that have changed since the approval of the last application. - 6.3 Since the initial approval there have been no material planning changes which have arisen. The Ramsey Local Plan and the Isle of Man Strategic Plan 2007 have not been superseded and therefore continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. No new legislation has been brought into force and no objections have been received. - 6.4 The reasoning for the time period of all applications is to ensure planning applications cannot have everlasting permissions, and either the applicant needs to commence development or seek a variation of condition to extend the period be submitted. This process to potentially extend the original period is to re-assess whether there have been any changes in local plan/planning policies and/or any other material planning matters. As indicated above there have been none since the last approval.

7.0 CONCLUSIONS AND RECOMMENDATION - 7.1 It has been previously assessed that the development proposed is acceptable without causing undue harm to local residential amenity and also without causing undue harm to the natural environment or cause undue harm on public amenity. No significant material circumstances have altered since the original approval in principle was issued. - 7.2 Accordingly, it is considered for those reasons it is appropriate to approve the variation of condition 1 and extend the approval for a further four years from the date of the decision notice, and that the other conditions previously attached to that approval be carried forward here, should this recommendation be accepted.

- 8.0 PARTY STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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) The Highways Division of the Department; and
• (e) The local authority in whose district the land the subject of the application is situated.

"With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order".

Recommendation Recommended Decision: Permitted Date of Recommendation: 24.08.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Prior to the occupation of the dwelling, the access onto Claughbane Walk is to be completed to the required standard of the Department of Infrastructure's Highway Services and the hardstanding/driveway to the dwelling is to be completed to allow the required parking provisions to be used.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

• C 3. Prior to the occupation of the dwelling all planting shall be carried out in accordance with the approved details in the next available planting and seeding seasons. Any tree or shrub which within a period of 5 years from the completion of the landscaping works, is removed, or becomes seriously damaged or diseased shall be replaced in the next planting season with another similar size and species, unless the Planning and Building Control Directorate gives written consent to any variation. Reason: To ensure the provision of an appropriate landscape setting to the development.

This approval relates to drawings reference numbers 0713A/05B, 0713A/06B, 0713A/07A, 0713A/08B, 0713A/09 and 01 all received on 3rd July 2015.

I confirm that this decision accords with the appropriate Government Circular delegating functions to the Director of Planning and Building Control.

Decision Made : Permitted Date : 25.08.2015 Determining officer

Signed : M GALLAGHER. Michael Gallagher Director of Planning and Building Control