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20/00433/B Page 1 of 25
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00433/B Applicant : Wardsley Limited Proposal : Demolition of existing buildings within yard and creation of residential development of 10 dwellings with associated roads, landscaping and parking. Site Address : Caines Yard Shipyard Road Ramsey IM8 3DR
Planning Officer: Mr Paul Visigah Photo Taken : 25.05.2020 Site Visit : 25.05.2020 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Approve subject to Legal Agreement Date of Recommendation: 04.03.2021 __
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 commence until an investigation and risk assessment has been carried out and a report of the results has been submitted to, and approved in writing by, the Department. In the event that the assessment includes any remediation measures the development shall not take place unless in accordance with these measures (including timescale). The investigation and risk assessment shall assess the nature and extent of any contamination on the site, and whether or not it originates on the site. The report of the findings must include the following information:
a) a survey of the extent, scale and nature of contamination; b) an assessment of the potential risks to: o human health; o property (existing or proposed) including buildings, crops, livestock; pets, woodland and service lines and pipes; o adjoining land; o groundwaters and surface waters; o ecological systems; c) an appraisal of remedial options, and d) the proposed remediation actions (if any) together with a timescale for their implementation.
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Reason: To ensure that risks from land contamination to the future users of the land and neighbouring land are minimised, together with those to controlled waters, property and ecological systems, and to ensure that the development can be carried out safely without unacceptable risks to workers, neighbours and other offsite receptors.
C 3. No development shall commence until an ecological survey of the site has been submitted to and approved in writing by the Department. The ecological survey shall identify matters of ecological interest within the site and measures to mitigate ecological impacts where appropriate, including a timetable for their implementation. The development shall not be carried out unless in accordance with the approved details.
Reason: To provide adequate safeguards for the ecological species existing on the site.
C 4. Prior to the occupation of the dwellings hereby approved, the accesses, pedestrian and vehicle areas, including car parking, provision of bicycle parking, and ecvp's shown on drawing no: 19/2788/02A shall be provided and remain free from obstruction thereafter.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
C 5. The proposed first floor windows for units 1-6 with views to the rear of the properties on Loch Villas shall be glazed with obscure glass to Pilkington Level 5 or equivalent and permanently retained as such.
Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.
C 6. The development must be carried out in accordance with the recommended flood resilience measures stipulated by Manx Utilities in their letter dated 21 August 2021, and the flood mitigation approaches identified in the applicants Planning Statement date stamped and received 21 April 2020, unless otherwise agreed in writing by the Department.
Reason: To safeguard the amenities of prospective occupiers and to ensure the development complies with Environment Policy 10 of the Strategic Plan.
C 7. Prior to the occupation of the development hereby approved, the bin storage and recycling collection points shall be provided in accordance with the approved plans and shall be permanently retained thereafter and solely for the purpose of refuse storage.
Reason: In the interests of the appearance of the development and of the amenities of the area.
C 8. 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 dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development 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.
Reason: the landscaping of the site is an integral part of the scheme and must be implemented as approved.
C 9. All external facing and roofing materials shall remain as shown on the plans and specified within the list of external finishes on the submitted Section and Details plus Field drawing, and Photos & Elevations, date stamped as having been received 20 October 2020. No new types of materials shall be added to the external elevations of the development, hereby approved.
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Reason: In the interests of the character and appearance of the site and surrounding area.
N 1. The developer would need to enter into a Section 109A Highway Agreement in order to undertake works on the existing highway.
N 2. The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 15th March 2021. 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. It is considered that the proposal would not have significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 1, 2, and 10, Spatial Policy 2, General Policy 2, Housing Policy 4 & 5, Recreation Policy 3, Transport Policy 1, 2, 6, & 7 of the IOM Strategic Plan 2016, and the Residential Design Guide 2019.
Plans/Drawings/Information;
This decision relates to the following plans and drawings:
o Location Plan (19/2788/00) o Topographical Survey (19/2788/01) o Proposed Site Plan (19/2788/02) o Plans, Elevations and Typical Sections - Plots 1-6 (19/2788/03) o Plans and Typical Sections - Plots 7-10 (19/2788/04) o Proposed Elevations Plots 7-10 (19/2788/05) o Site Plan and Vehicle Tracking (19/2788/06) o Context Plan (19/2788/07) o Planning Statement o Design Principles Sketch 2788/Sk01 All date stamped and received 21 April 2020;
o Proposed Site Plan with Landscaping (19/2788/02 A) o Proposed Site Plan with vehicle tracking (19/2788/06 A) Date stamped and received 19 August 2020; and
o Proposed Site Plan (19/2788/08) Date stamped and received 6 November 2020;
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Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Department of Infrastructure, Housing Division Manx Utilities Drainage
It is recommended that the owners/occupiers of the following properties 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):
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3 Marsden Terrace, Ramsey 5 Marsden Terrace, Ramsey 6 Marsden Terrace, Ramsey 9 Marsden Terrace, Ramsey 10 Marsden Terrace, Ramsey 1 Loch Villas Gibson Street, Ramsey 2 Loch Villas Gibson Street, Ramsey 5 Loch Villas Gibson Street, Ramsey 6 Loch Villas Gibson Street, Ramsey 8 Loch Villas Gibson Street, Ramsey 17 Templar Terrace, Ramsey 18 Templar Terrace, Ramsey 9 Traie Twoaie, Ramsey 10 Traie Twoaie, Ramsey 1 Harbour View, Ramsey
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
3 Templar Terrace, Ramsey 4 Templar Terrace, Ramsey 8 Templar Terrace, Ramsey
as they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE DEVELOPMENT REQUIRES A LEGAL AGREEMENT TO SECURE AFFORDABLE HOUSING AND PUBLIC OPEN SPACE AND AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL
1.0 THE SITE 1.1 The application site is a former industrial/builder's yard between Marsden Terrace and the rears of the properties on Gibson Street, which is made up of Templar Terrace and Loch Villas; this site and the surrounding area are sited on the North Shore Area, which is a small peninsula that sits within Ramsey Harbour and Sulby River.
1.2 The site has an existing access onto Shipyard Road, which provides access to the harbour for private boats, as well as the commercial shipyard and a number of industrial type businesses. The immediate area around the site includes the terrace dwellings on both Gibson Street and Marsden Terrace, which also includes a single storey commercial building that is currently occupied by the company, 'Scott Taylor Vehicle Specialists'.
1.3 The site is currently occupied by several dilapidated buildings, including flat roofed, brick lock-up garages to the west of the site; a flat roofed and a pitched roofed workshop/office both partially comprised of brick, timber and corrugated sheet metal; and
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several temporary, timber 'portacabin' type buildings. At the time of visiting the site, the site was partially used for parking and there was a large amount of rubble and/or construction waste.
2.0 THE PROPOSAL 2.1 The planning application seeks planning approval for demolition of existing buildings within yard and creation of residential development of 10 dwellings with associated roads, landscaping and parking.
2.2 The proposal would involve the erection of a terrace of six no. 2-bedroom (2 Storey) units, and a terrace of four no. 3-bedroom units (two of which would be 3 storey and positioned as mid-terrace dwellings on the four dwelling terrace). The second floor of the three storey mid-terrace units would be dormer accommodations which will appear as two storeys on the front elevation and three storeys at the rear. The two bedroom terrace would be positioned parallel to Marsden Terrace while the three bedroom terrace would be positioned parallel to the boat yard.
2.3 There would be a central parking and landscaped area which would include parking areas for the two storey dwellings (comprising 12 parking spaces), positioned east of the two bedroom dwellings and parallel to Marsden Terrace. The properties on the three bedroom terrace will each have an allocated parking space and an integral garage. The layout of the site is such that would allow an open outlook when viewed from the surrounding streets. Also Six cycle parking has been provided for each of the six two bedroom dwellings adjacent to their entrance door, the mid-terrace of the terrace of four dwellings each have extended garages to allow for cycle storage, while the two end terrace units (Nos. 7 and 10) have their cycle stores within their side garden.
2.4 Both sets of dwellings will have their external walls finished in self-coloured render, roofs finished in Redland Cambrian slate or similar slate like material, windows would be single pane upvc double glazed windows. The two bedroom dwellings will have some timber cladding on sections of their front elevation.
2.5 A new access will be created off Gibson Street on the northern boundary of the site and there is a pedestrian link to Shipyard Road which runs along the rear boundary of the properties on Gibson Street. As well, a pedestrian/cycle link would be created through the site to link Marsden Terrace to the former gas works (this link is connected to Shore Road, Mooragh Park, the beach and other recreational facilities in the vicinity, avoiding Shipyard Road). The works would include some private amenity space (rear gardens) for all of the dwellings and a small amount of hard and soft landscaping in front of the dwellings and within the central landscaped/parking area.
2.5 There would be minimal changes to the existing stone boundary walls along the boundary of the site; change which would only include part demolition of the wall by the existing workshop on Gibson Street to enable the creation of the access, while the wall on the workshop would be lowered with openings infilled in stone to match the existing boundary wall with the boat yard.
2.6 A total of 234 sqm of public open space is proposed within the site, the main part within the centre section of the site. Additional native tree planting and additional landscaping is proposed within and around the north western and southern boundaries of the site. No formal and children's' play space provision off site was considered as the number of dwellings falls below the 20 dwelling threshold for on-site provisions stipulated in Appendix 6 of the Strategic Plan.
2.7 The applicants have provided additional information which highlights the flood mitigation approaches for the development such as placing the floor levels above the 5.64 AOD
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(level for 1 in 200 rear event flood level). The garage floors for units 7-10 will be placed at 5.65 with the ground floor of the houses set at 5.75. Also, the floor levels of dwellings 1-6 will be set at 5.65 AOD. For the 600mm floor boards on floor levels, the following mitigation measures are proposed; a) Removing flood boards to all ground floor accesses. b) Raising all electric fittings to a minimum 600mm above ground floor level c) Use of tiled finishes to concrete ground floors d) Use of easily replaceable or removable materials such as pvc skirting and the like. e) Use of sustainable underground drainage systems in the parking area. As well, the site access point off Gibson Street would be at level of 5.77 so that it would be above the flood level. The entire site will also be raised to reflect this raised floor levels.
2.8 The site will be drained using a separated storm water and foul water system as the previous application for the site. The foul drainage will connect to the existing system, while the storm water will discharge into the river via a new drainage system. Attenuation tanks will be provided below the car parking area to provide the necessary attenuation to accommodate high tidal levels.
2.9 Details of Affordable Housing, approach to the ecology of the site including the decision to accept any conditions requiring assessment surveys before works commence on site have also been provided as additional information
3.0 PLANNING POLICY 3.1 The site is shown on the Ramsey Local Plan Order 1998 map No.2 (south) as Light Industrial Use; although it then refers to the written statement for individual area policies. This site is not within a Conservation Area. The site falls within a High Risk Flood Zone (Tidal) on the Isle of Man Indicative Flood Maps - Flood Risk (River and Tidal).
3.2 The following sections of the Ramsey Local Plan Written Statement (Planning Circular 2/99) are therefore relevant:
3.2.1 "Policy R/I/P1 Light Industrial Development 4.10 The following areas are allocated for light industrial development subject to the general provisions stipulated.
A. North Shore Area 4.11 Further Industrial or warehousing units beyond those currently with planning consent will not be permitted unless required for the shipyard. There will be presumption in favour of the relocation /rationalisation of existing service/utility/construction industries in the gas works area to allow for improved traffic circulation in accordance with an adopted traffic management plan. Only after implementation of this will any surplus land be approved for housing."
3.2.2 Policy R/T/P6 All areas of New Residential Development 6.16 Provision of open space for all areas of new residential development shall be required. This is likely to be in the region of up to 25% of the gross area, dependent upon the topography, density and existing open space.
3.2.3 Recommendation R/T/R2: Financial Contributions towards Provision of Open Space, Footpath and Roads 6.18 The Ramsey Commissioners and the Department of Transport should consider setting up a system of financial contribution by individual developers towards the provision of large areas of open space and landscaping.
3.2.4 Policy R/E/P7: Environmental Improvement 7.25 The following areas have been identified for environmental improvement, and action is to be encouraged by the D.L.G.E in conjunction with the Ramsey Commissioners. Improvement
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should aim to include, where appropriate, planting of species which can be of significant value to wildlife, in particular the use of plants which benefit birds and butterflies. These areas are: A. North Shore/Shipyard Area;
3.3 The following sections of the Strategic Plan are also considered relevant:
3.4 Strategic Objective 3.3 Environment: "3(f) To promote urban regeneration and the re-use of derelict and redundant sites."
3.4.1 Strategic Policy 1 states that '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 and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services'.
3.4.2 Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.
3.4.3 Strategic Policy 4: Proposals for development must: (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead to unacceptable environmental pollution or disturbance.
3.4.4 Strategic Policy 5: 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.
3.4.5 Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to:
(a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement'.
3.5 Paragraph 7.35: Urban Regeneration 7.35.1 Within some of the larger towns on the Island, there are areas which are showing signs of deterioration and degradation. Often these areas are characterised by older housing stock, limited investment, empty and underused buildings, derelict sites and generally poor environments. As a result these areas can suffer from economic, environmental and social problems which need tackling holistically to stem the process of decline and to encourage regeneration. Areas which are considered to be in need of regeneration should be identified in Area Plans and any schemes or proposals whether for refurbishment, environmental improvements or complete redevelopment must be formulated by involving the local community which would be directly affected by the regeneration of the area. The Department also supports, in general, environmental improvements to our towns and villages.
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3.5.1 Environment Policy 43: The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition.
3.5.2 Business Policy 5 states in part: "On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution".
3.6 Although the land is zoned as Light Industrial which the proposed use does not accord with, it would be vital to consider General Policy 2 of the Strategic Plan given that the proposed scheme seeks to regenerate the site to create residential developments.
3.6.1 General Policy 2: 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: -
(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; (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.
3.7 Housing Policy 1: 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'. Housing Policy 3 states that 'The overall housing provision will be distributed as follows: o North 1,200'
3.8 Housing Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.
3.9 Spatial Policy 2: Outside Douglas development will be concentrated on the following Service Centres to provide regeneration and choice of location for housing, employment and services o Ramsey
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o Peel o Port Erin o Castletown o Onchan Area Plans will define the development boundaries of such centres so as to provide a range of housing and employment opportunities at a scale appropriate to the settlement.
3.10 Section 8.6: Affordable Housing 8.6.1 The Department is concerned about the increasing difficulties of securing the provision of affordable housing across the Island. The Department can, and does as a Housing Authority, intervene financially to provide financial support to local Authorities; financial support to prospective owner occupiers (through the House Purchase Assistance Scheme 2002) and by direct provision of new houses to rent. The provision of affordable housing is a material consideration in the preparation of the development plan. In the current situation the Department considers that, to secure an adequate provision of affordable housing, it is appropriate to require that any area of land identified for housing purposes should include a contribution towards the provision of affordable housing.
8.6.2 There are currently around 1,584 (as at 31st March 2007) households on the General Housing Waiting List. In addition, there are some 690 (as at 31st March 2007) households registered with the Department under the House Purchase Assistance Scheme (HPAS). This indicates a total current need of some 2,274 households for affordable housing.
8.6.3 In the current circumstances the Department considers that approximately 25% of new housing provision should take the form of affordable housing. In assessing the appropriate percentage in each instance, the Department will have regard to the fact that the figure is a target over the Plan Period as a whole; to evidence of local housing need; to the nature of the land and viability of the scheme; and to the nature of existing adjacent housing. The 25% provision will be monitored and reviewed as part of any review of the Strategic Plan.
Housing Policy 5: 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. The term affordable housing is defined by the Department as housing which is either: o directly provided by the Department; or o directly provided by Local Authorities; or o meets the criteria for the Department's House Purchase Assistance Scheme 2004 (and any successor schemes approved by Tynwald).
3.10.1 Section A.6.6 (Appendix 6): How should the open space be provided? A.6.6 Once the open space requirement has been established it is then necessary to determine how the open space will be provided. There are three possibilities:
A.6.6.1 Where possible, open space should be provided in the first instance on-site or off-site where this would improve the quality of the development and the open space provided. Where the first two options are not practical then commuted sums will be considered.
A.6.6.2 Commuted sums can be an important option because it is recognised that for a small development it can be impractical to provide the open space required on or off site as the amounts involved would not create usable areas of open space.
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A.6.6.3 Children's play space requirements will be assessed using the National Playing Fields Association guidelines, which consider the type of play space required and the levels of accessibility. Generally speaking, developments over 20 houses would have to provide children's play space on-site as well as an appropriate level of amenity open space on-site.
3.11 Environment Policy 4: 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.
3.12 Environment Policy 7: Development which would cause demonstrable harm to a watercourse, wetland, pond or dub, and which could not be overcome by mitigation measures will not be permitted. Where development is proposed which would affect a watercourse, planning applications must comply with the following criteria:
(a) all watercourses in the vicinity of the site must be identified on plans accompanying a planning application and include an adequate risk assessment to demonstrate that works will not cause long term deterioration in water quality; (b) details of pollution and alleviation measures must be submitted; (c) all engineering works proposed must be phased in an appropriate manner in order to avoid a reduction in water quality in any adjacent watercourse; and (d) development will not normally be allowed within 8 metres of any watercourse in order to protect the aquatic and bankside habitats and species'.
3.13 Environment Policy 10: Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4.
3.14 Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted.
3.15 Environment Policy 42: 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.
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3.16 Recreation Policy 3: 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.
3.16.1 Paragraph 10.3.9: Open Space in new developments should be provided within the site, but where it is impractical to provide the recreational space within the site, consideration may be given either to (a) provision off-site, but conveniently close thereto; or to (b) the use of commuted sums, which, under the terms of a section 13 Agreement, would be paid to the Local Authority as a contribution towards the provision of community recreational open space. Further details of these requirements are included in Appendix 6.
3.17 Recreation Policy 4: Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport.
3.18 Transport Policy 1: New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes.
3.19 Transport Policy 2: The layout of development should, where appropriate, make provision for new bus, pedestrian and cycle routes, including linking into existing systems.
3.20 Transport Policy 6: In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users.
3.21 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The standard specified in Appendix 7 is as follows:
o 'Typical Residential - 2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling; o Residential Terraces - 2 spaces per unit, if not within curtilage then located as close to units as possible without compromising residential amenity.
Parking spaces should not be provided in front of the dwellings where this would result in a poor outlook for residents and would detract from the amenity of the area'.
3.22 Transport Policy 13: Development in or around harbours should neither compromise the ability of the harbour to accommodate other commercial or recreational users in a viable manner, nor be detrimental to the character of those harbours of historic interest.
4.0 PLANNING HISTORY 4.1 The site has been the subject of two previous planning applications which are considered to be materially relevant to the current application.
4.2 PA 04/01686/A for Approval in principle to demolish existing garages, offices, store buildings and workshop and construct new residential development with garaging and off - street car parking. This was refused by the Planning Committee on 2 September 2005 and also refused on review.
4.2.1 The application was refused for the following reasons: "R1: Under the Isle of Man Planning Scheme (Ramsey Local Plan) (No.2) Order 1998 the application site is located within an area zoned as light industrial use. Accordingly, the
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residential development of the application site is contrary to this zoning and viewed as appropriate.
R2: Notwithstanding the above, the Planning Committee consider that the application site could not be satisfactorily developed for residential development without unacceptable detrimental impact on the existing properties and uses within the surrounding area. Conversely, the existing surrounding properties and use mean that any resultant residential environment created within the application site would be poor. R3: Whilst it is acknowledged that the application seeks approval in principle for the residential development of the application site, the illustrative site plan, as shown in drawing no. 2744/2 date stamped the 13th August 2004, is considered to demonstrate that the residential development of the application site would be inappropriate in terms of the impact on the surrounding area and the impact of the application site. With particular reference to this illustrative site plan it is considered that the form of the development as shown is inappropriate by virtue of:
a) the three-storey form and density of development in relation to the surrounding area; b) The impact of the development on the existing levels of traffic within the area and the subsequent detrimental intensification of such levels; c) The inappropriate level of car parking provision; d) The potential for overlooking, loss of privacy and overlooking; ad e) The poor quality of environment and amenity created for the new residential properties.
4.3 PA 18/00528/B for Demolition of existing building yard and structures and erection of 6 two storey and 6 three storey residential dwellings with associated car parking, gardens and communal refuse store. This was refused by the Planning Committee on 15 April 2019.
4.3.1 Reasons for Refusal: "R1: Impact to character By virtue of the siting, scale, massing, bulk and design of the proposed dwellings on plots 7 to 12, the proposed housing development will have a significant harmful impact on the character of the surrounding area. The layout and overall density, coupled with the lack of open space will create a cramped form of development that would unacceptably harm the character of its surroundings. The proposal therefore conflicts with Strategic Policy 3, Strategic Policy 5, Strategic Policy 4, General Policy 2, and Environment Policy 42 of the Isle of Man Strategic Plan 2016.
R2: Impact to neighbours By virtue of the number, heights and locations of the windows and Juliet balconies on the north elevation of the proposed dwellings on plots 7 to 9, the proposed development would result in an unacceptable level of overlooking, which would lead to a significant adverse impact upon the living conditions of neighbouring properties at Templar Terrace on Gibson Street. Due to the height, bulk and massing of the proposed dwelling on plot 12, the proposed development would have a significant, harmful overbearing impact on the streetscene and in particular, the properties at Nos 9-12, Marsden Terrace, as well as an unacceptable loss of outlook. The proposal therefore conflicts with General Policy 2 of the Isle of Man Strategic Plan 2016.
R3: Lack of ecology info The applicant has not provided sufficient ecological information to adequately determine that the proposed development would not result in an adverse and/or significantly harmful impact to protected species or their habitats, which are either directly using the site and/or existing buildings, or in the surrounding area. The proposal therefore conflicts with General Policy 2 and Environment Policy 4 of the Isle of Man Strategic Plan 2016.
4.4 Whilst not directly related to the site, it would be vital to consider PA 13/91461/B at the Former Gas Works Site, North Shore Road, Ramsey, Isle Of Man, IM8 3DF; the proposal is for
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the 'Demolition of redundant gas works structures and erection of thirty dwellings with associated roads and parking and re-cladding of existing commercial building'.
4.4.1 This was approved by the planning committee in July 2014 despite the site being designated for 'light industrial' use in the Ramsey Local Plan (No.2) Order 1998, a land use designation which covers the entirety of the land south of North Shore Road and otherwise surrounded by water despite that area including several residential streets.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 The Department of Infrastructure (DOI) Highways Division made a request for additional information and revisions on 22 May 2020. This was followed up by a request for additional information relating to waste collection on 11 September 2020.
5.1.2 Having received additional information and revised plans from the applicants, Highways have provided the following revised comments in a letter dated 11 November 2020:
The additional information provides the vehicle tracking to and from Shipyard Road and along Gibson Street with some on-street car parking in situ and completes the highway information requirements. It illustrates a very tight right turn out and left turn in from Shipyard Road with more space available for the left out and right in manoeuvres. A smaller vehicle would be able to undertake all manoeuvres adequately or a larger one routing from the south. The Applicant has offered to extend the double yellow lines as mitigation. Whilst this is welcomed, on reconsideration following the submission of tracking, this would have a limited impact on the turning manoeuvres. Additionally, given the level of uncertainty with the Traffic Regulation Order process, we recommend that further double yellow should not be taken forward. Furthermore, the public waste collection route is a matter for Ramsey Town Commissioners. It is understood that they raise no objection, suggesting that suitable arrangements for waste collection are achievable.
Separate highway agreements would apply under s4 of the Highways Act 1986 for highway adoption, including of the making up of eastern section of Gibson Street and the street within the site; and s109(A) for connection to the existing highway and works in the highway on Gibson Street, Marsden Terrace and Shipyard Road. The Applicant should be aware that road adoption is not guaranteed on planning consent requiring a separate technical approval.
As the additional vehicle tracking information shows that deliveries and collection can reach the site using appropriate routes or sized vehicles, there is no reason for Highway Services to continue opposing this proposal; the internal site arrangements and highway safety being met too. Accordingly, we raise no opposition now and suggest conditions to apply for the accesses, pedestrian and vehicle areas, including car parking, provision of bicycle parking, ecvp's and waste bin storage and collection points in accordance with drawing no: 19/2788/02A. Additionally, for an advisory to apply for the S4 and S109(A) Highway Agreements to meet requirements for highway adoption, highway works and connections.
Recommendation: DNOC
5.2 Manx Utilities Drainage who had initially written in to request for deferral as they were still awaiting further information on 17 August 2020 have written in with the following comments regarding the application in a letter dated 21 August 2020:
The site lies within the High Tidal Flood Risk Zone, which can be viewed here: https://www.manxutilities.im/media/1524/sulby_subset_1.pdf
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The development type is classed as more vulnerable being domestic / living accommodation.
For tidal flood risk, we advise that floor levels be raised above the 0.5% AEP plus climate change (This is our 1 in 200-year + CC tidal flood levels). In addition to the above we require 600 mm freeboard for residential developments. The freeboards are to account for the uncertainty in design flood levels or should they be superseded by latest climate projection data. The current design flood level for Ramsey is 5.64mAD02. Our preference for this site is that the finished floor levels are set with the addition of a 600mm freeboard = 5.64 mAD02 + 600 mm.
The applicant has proposed the following levels: Plot 1- 6 living floor level = 5.65mAD02 (no allowance for freeboard) Plot 7-10 living flood level = 5.75mAD02 (100mm freeboard for living accommodation) Plot 7-10 garage floor level = 5.65mAD02 Cark park = 5.40mAD02. Under the flood level and assumed at risk from tidal inundation
In lieu of the freeboard the applicant is proposing the following flood resistant measures: o Removable flood boards to all ground floor accesses - MUA preference would be for an integrated system / permanent defence that forms part of the building. Demountable defences require pre-planning to ensure that they can provide an effective defence. It is essential that the logistics of deployment are fully appreciated by anyone planning to rely on these types of defence o Use of a sustainable underground drainage system in the communal parking area
Flood resilience measures are put in place to reduce the damage once inundation has occurred. The following flood resilience measures are proposed: o Raise all electrics fittings etc to a minimum of 600mm above ground floor levels o Use of tiled finishes to concrete ground floors to assist in cleaning up after an inundation o Use of easily replaceable or removable materials such as pvc skirtings and the like
5.3 The DOI Public Estates and Housing Division have made the following comments regarding the application in a letter dated 20 May 2020:
We refer to the aforementioned application, and we can confirm that we have looked at the detail of the application and have considered the provision of 25% affordable housing. At the present time, there are four persons on the Active Applications list seeking a first time buyer home in Ramsey, with a further nine persons on the Waiting List who intend to purchase in or around Ramsey within the next two years.
In view of the foregoing, the Department would request that consideration be given by the Planning Committee to include a requirement, in respect of any approval granted for this site, for the applicant to enter into a Section 13 Agreement with the Department to provide 25% Affordable Housing, in this instance 2.5 affordable units, comprising two affordable homes with the balance of 0.5% to be paid by Commuted Sum in lieu of Affordable Housing.
The applicant has not yet consulted with the Department regarding the quantum of the Commuted Sum and therefore the sum is still to be agreed.
5.3.1 The applicants have however provided details of the affordable Housing commuted sum which has been provided by DOI Public Estates and Housing Division which places a value of £35, 817.00 as the agreed sum. This was communicated via an email dated 7 December 2020.
5.4 The Ramsey Commissioners who had previously written in to state that they have no objection to the proposal but wish to submit and observation (which was not outlined) in a
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letter dated 18 September 2020, have written in indicate that they have no objection to the amended plans in a letter dated 20 November 2020.
5.5 Representation from local Residents: 5.5.1 A total of 32 comments have been received from the following 18 local residents: 3 Templar Terrace 4 Templar Terrace 8 Templar Terrace 17 Templar Terrace 18 Templar Terrace 3 Marsden Terrace 5 Marsden Terrace 6 Marsden Terrace 9 Marsden Terrace 10 Marsden Terrace 1 Loch Villas Gibson Street 2 Loch Villas Gibson Street 5 Loch Villas Gibson Street 6 Loch Villas Gibson Street 8 Loch Villas Gibson Street. 9 Traie Twoaie 10 Traie Twoaie 1 Harbour View
5.5.2 Of these 23 were made in relation to the initially submitted plans. The principal planning points made are as follows: a) Increased traffic on Gibson street which is a narrow street without pavements and in poor condition b) Amount of Extra traffic would be detrimental to the area c) The narrow corridor which forms the site would be unsuitable for a housing estate d) The new access would impact on parking provisions for residents e) Increased potential for collisions due to congested nature of roads f) Impact on private amenity/deliveries to dwellings on Loch Villas g) Impacts on lighting to the rear of properties on Loch villas h) Loss of privacy and light to small rear yard and rear windows i) Proposed entrance/exit is situated where current residents turn their vehicles and would impact on turning of vehicles at the end of the cul de sac j) Construction traffic would impact on vehicular traffic in the area k) Possible impact of increased vehicular traffic on emergency vehicles and delivery drivers l) Pressure on drains and water services as there is currently low water pressure in the area m) Development is contrary to the zoning of the area n) Impact on bin refuse collection o) No provision for Public Open Space and as such the proposal is not in accordance with planning policy. p) No provision has been made for visitors to the new development and the parking issues this would cause locally. q) Increased noise, light and air pollution from traffic r) No existing pavement on side roads, dense parking and additional traffic dangerous for children playing in the area s) Loss of storage space for existing residents wheelie bins
5.5.3 Comments made after amended plans/information submitted: a) The amended plans do not alter the narrow nature of the surrounding streets, particularly Gibson street as the bottom end is not suitable for HGV's and bin wagons b) Impact of new footpath linking Marsden Terrace and on amenity (position of bins)
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c) The amendments do not deal with the traffic congestion and safety of residents d) The proximity of the new dwellings to proximity to the rear of the dwellings of Loch Villas, Gibson Street. e) Impact on private amenity/deliveries to dwellings on Loch Villas f) Increased volume of traffic g) Impacts on resident parking provisions (on street parking). h) Impact on bin refuse collection/access for emergency vehicles i) The development would increase the density of the area which would impact on traffic and parking j) The development would impact on safety for road users k) Overbearing impact of Units 1-6 on the properties immediately behind Gibson Terrace l) Position of proposed bins for Units 1-6 will impact on my private amenity (smells and health risk) m) Streets around the site are narrow, in poor condition and not suitable for extra traffic
5.5.4 There are no formal letters of support; however one of the resident's notes that the proposal would create recesses for bins which will both free up the walkway a little and stop the bins blowing down in the wind.
6.0 ASSESSMENT 6.1 Given the land-use designation and the type of development the key issues relevant to consideration in the determination of this application area; (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 drainage/flood issues (f) Affordable Housing potential (g) Open Space Provision; and (h) Potential impact on Ecology of Site.
6.2 PRINCIPLE OF DEVELOPMENT
6.2.1 As outlined within the planning policy section of this report, the site is proposed for Light Industrial use which would make the scheme fail the test of Business Policy 5, albeit this Light Industrial land use designation encompasses the entirety of the land south of North Shore Road and otherwise surrounded by water; including the existing dwellings on Templar Terrace, Loch Villas and Marsden Terrace, as well as the newly built residential properties on Former Gasworks Site. Granting there is some conflict between the proposal and Local Plan policies, the circumstances of the application site are such that the loss of the light industrial land is not considered so significant in either a local or Island context as to represent a fundamental reason to refuse the proposal. It is therefore considered that a refusal on the basis of the loss of light industrial land would be inappropriate. Moreover, it is also considered that the principle of residential development on the application site is acceptable given the surrounding uses and geographic relationship between the site and surrounding amenities.
6.2.2 It is also vital to note that the Isle of Man Strategic Plan 2016 stipulates that a total of 770 new dwellings are required to be provided between the years of 2011 to 2026 in the North of the Island. A total of 5,100 dwellings are required over this same period throughout the Island. Ramsey is regarded as one of the service centres to provide regeneration and choice of location for housing under Spatial Policy 2; and this is supported by Spatial Policy 3 which states that "Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing".
6.2.3 Another positive sign for the proposed scheme is the requirement in Strategic Policy 1 that developments optimise the use of previously developed land and ensure efficient use of
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sites (taking into account the needs for access, landscaping, open space and amenity) and that development should be located to make best use of planned and existing infrastructure, facilities and services; conditions which the proposed development would achieve given the site's proximity to Ramsey town centre and related amenities which would make it sustainable from the point of view of residential development. Whilst there is no presumption that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed, it is considered that the principle of utilising this brownfield site for residential development would be more complimentary to the prevailing residential uses enveloping the site and would benefit to the Island's economy. Besides, the proposed development would ensure the revitalisation of a site which is currently showing signs of deterioration and degradation, and help limit the process of decline for the site by providing a platform for regeneration in line with Strategic Objective 3.3 (f) and Environment Policy 43 of the Strategic Plan.
6.2.4 In addition, the sites surroundings, in terms of built development or potential built development would ensure that the proposed scheme is a fitting addition to the area. The site is bounded by a group of terraced dwellings and semi-detached properties to the north and the Marsden Terrace to the south, with the boat yard and new dwellings on the Former Gas Works Site forming a backdrop on the east. Given the built backdrop around the site, the new dwellings would constitute infill development amongst the cluster of residential dwellings, although the site and surrounding residential properties are all within an area that is currently not designated for residential development.
6.2.5 The application site is a mostly vacant builder's yard with some dilapidated buildings and is considered not to be of particularly high quality employment land. The Ramsey Local Plan discusses the supportive release of surplus employment land to residential use and notes this area generally along with the site of the former gasworks that was previously developed under planning permission 13/91461/B. Moreover, all the land immediately surrounding the site is in active residential use and as such the loss of this land to residential development therefore would not be of significant harm to economic land supply within the area.
6.2.6 Transport Policy 13 requires that development in or around harbours should not compromise the ability of the harbour to accommodate other commercial or recreational users in a viable manner. No feasibility work is believed to have been done on the future uses relating to Ramsey harbour, and nor are any such proposals known to exist. The 'fall-back' position of this site would be industrial use, which doesn't specifically have to benefit the harbour nor compromise its use; on balance, considering the residential uses around the site, the change of use to residential on this site wouldn't specifically benefit or compromise the use of the harbour either.
6.2.7 Based on the foregoing, it is considered that although the application is contrary to the provisions of the zoning of the area within the Ramsey Local Plan, it could be argued that the residential use of the site represents brownfield development. Therefore, it is judged that the redevelopment of this brownfield site for residential purposes is acceptable in principle. This is however not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if the 10 dwellings on the site is appropriate.
6.3 THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA
6.3.1 With regard to the impact of the proposed development on the area, it is considered that the new dwellings will have narrow width, narrow year yards, render wall finishes and slate roof effect at a traditional pitch, which would be in keeping with the character of the dwellings on Gibson Street and Marsden Terrace and as such align with General Policy 2 (b) which stipulates that development should respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them.
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6.3.2 It is worth noting that what is currently proposed within this scheme would involve the erection of 10 dwellings; a terrace of six (6) two storey dwellings on the western section of the site and a terrace of four dwellings (with two mid terrace two storey dwellings with dormers) to the east of the site, with adequate provisions for private gardens, associated car parking, and communal refuse areas (with provisions for recycling collection points) to serve the residents of the new dwellings and neighbouring dwellings. In the context of the street scene, the two three-storey properties on plots 8 and 9 which would be mid-terrace dwellings would be positioned to abut the boat yard with rear elevation overlooking the marina. These dwellings are laid out such that only plot 1 directly abuts the highway(1m to edge of carriageway), with the rear gardens of plots 1-6 creating a separating distance between the new dwellings and Marsden Terrace to the rear. In these instances the properties are within 5m and 6m to the edge of the carriageway and 8.2m tall at their highest point (for the two storey terrace), while the terrace of four dwellings would be 8m high at the two storey ends and 9.4m high for the mid-terrace properties. As such, it is noted that the height, scale, form, layout of the site, the terraced build of the new dwellings, as well as their external finishing in painted render wall, slate roof and UPVC casement windows (features which are typical of the area) will ensure that they are in keeping with the locality.
6.3.2 The site would be viewable from public views would be noticeable when passing the site, with the two storey terrace block which directly abuts Shipyard Road and Marsden Terrace being the most apparent. Albeit, it is considered that these dwellings would fit with the existing character of properties along the north and south boundaries which are predominantly two storey traditional pitch roof terrace dwellings with accommodation in the roof. Moreover, the inclusion of the rear paved pedestrian access between plots 1-6, which would be accessible via the rear gardens of the properties on Gibson Street, with provision made for some shrub planting along the retained walls will help to create a visual break and lessen the impact of the new housing development.
6.3.3 Also considered as a positive for the development is the fact that the layout, density, housing types, design of dwellings and finishes are considered to be a high standard and would result in a housing estate which would be a nice place to reside with complimentary views offered to the area; thus resulting in a beneficial development in terms of its visual appearance in the street scene. Besides, the proposed dwellings will be 2 dwellings less than previously proposed and would result in dwellings that are less compact, as the new dwellings would be smaller properties when compared with the refused in 2018.
6.3.4 As well, the development proposed would result in improvements to the landscape or wider environment, given the overall scale when assessed in the context of this part of Ramsey in terms of the existing layout of houses, variety of house types, density, landscaping and open space provision which is particular characterised by small rear gardens, absence of front gardens, almost absent open space provisions, lack of soft and hard landscaped areas and a generally dense outlook. It is, however noted that whilst there will be an impact to the visual amenities of the area over the current situation, given that the density of the existing built form of the site is considerably lower than that which is proposed within the current scheme, it is considered the proposals would be an improvement on the existing built form of the area and as such comply with General Policy 2 and Environment Policy 42 of the IOMSP.
6.4 POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES
6.4.1 In terms of the impact of the proposed scheme on local residential amenity, it is considered that the properties most likely to be impacted are the dwellings on Gibson Street given that the new properties would gain access via Gibson Street (which is somewhat narrow), and the fact that the six 2 bedroom units would be built behind the dwelling situated south of Gibson Street. Whilst it is noted that there could be some impact on the broader area, in terms of impacts on traffic flow and highway safety, it is noted that any form of
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development for the site would still generate some level of traffic beyond the existing levels. In fact, an industrial development with its attendant traffic in form of heavy vehicle frequency and higher traffic volumes would have had a more significant impact on the amenities of neighbouring dwellings than that which is currently proposed with this residential scheme.
6.4.2 With regard to overlooking impacts, it is noted that Plots 1-6 would have views to the rear of the properties on Gibson lane at a distance of between 9m to 10m. This impact is however diminished by the fact that the first floor windows on these properties which would serve non-habitable rooms (bathroom and utility areas) would be installed with obscure glazing which would limit direct views to these neighbouring dwellings. It is also noted that Plots 7 (Housing Type B) would have views to the rear of 9 Lock Villas, Gibson Street with the separating distance between the first floor window and this neighbouring property measuring 17m. Albeit, the resulting overlooking impact would be diminished by the fact that the window serves a non-habitable room (bathroom), with the existing mature tree on the east elevation of this neighbouring property serving as a screen limiting views to this property. Moreover, the windows on this elevation of 9 Loch Villas are very small windows which serve a store (a non- habitable room); thus diminishing an overlooking impacts that may result.
6.4.3 It is also considered that the first floor windows on the front elevation of Plot 10 have been positioned such that the only window on this floor with views to Marsden Terrace would be a bedroom window positioned 15m away from the properties on Marsden terrace. Granting this window would serve a habitable room, the layout of the properties is such that the units on this terrace and the properties on Marsden Terrace would have mutual overlooking on their front elevations. Besides, there are no private spaces of the front elevations of the properties on Marsden Terrace to be overlooked and as such it is considered that the relationship between these sets of dwellings in terms of overlooking impacts would be acceptable.
6.4.4 The other properties on the three bedroom Terrace (Plots 8 and 9) are not considered to have overlooking impacts on the properties on Gibson Street and Marsden Terrace given that the separating distance between their first floor windows and second floor toilet windows would be more than 20m. In terms of overlooking impacts to the properties at the rear; that is the properties on the gas works site, it is noted that there would be second floor views from units 8 and 9 to these dwellings. However, any overlooking impacts would be mutual as these rear dwellings already have first and second floor views from habitable rooms to the rear of the proposed units.
6.4.5 Overall, it is considered that whilst some form of overlooking would occur with respect to the relationship between the properties on the application site and the existing dwellings on Gibson Street and Marsden Terrace, any resulting impacts would be diminished by the fact that the windows within 20m distance to the nearby dwellings would be installed with obscure glazing. Moreover the orientation of the properties on the three bedroom terrace, the creation of fenestrations on elevations, and the positioning of windows have been carefully set out to limit direct overlooking of neighbouring dwellings.
6.4.6 When considering overbearing impacts with regard to the proposed scheme, it is noted that the levels of the properties on Gibson Street, have not been provided by the applicants. However, one of the objectors (owners/occupants of 2 Lock Villas) have provided a measured elevation drawing at scale 1:100 which shows the relationship between the proposed dwellings and 2 Lock Villas which appears to be on the lowest terrace among the group of terraces that directly abuts units 1-6. This relationship drawing shows that the properties that constitute 1 - 3 Lock Villas are 7.5m high while units 1-6 would be 7.8m high, although on a ground level that is 470mm lower than the properties on Loch Villas. This implies that units 1-6 would be 230mm lower than 1-3 Loch Villas even though they are 7.8m high due to the nature of the site topography. As such, it is considered that units 1-6 would not have any overbearing impacts on their neighbours given that they would be set lower than most of the properties on
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the neighbouring terraces and would be in keeping with the overriding property heights on this part of the locality.
6.4.7 With regards to units 7-10 on the eastern section, it is noted that whilst the heights of units 7 and 10 will be in keeping with the broader character of the area in terms of the height of buildings (at 7.9m), units 8 and 9 will tower over these at 3 storeys and at 9.3m. However, their position on the eastern end of the site where they are abutted by the Warehouse and premises on Marsden terrace on the southeast end (which is significantly taller than the properties on Marsden Terrace) and Plots 1 - 10 Housing Development on the Former Gasworks site which is 10.2m high would ensure that they fit into the character of the area and would not be considered to have overbearing impacts when assessed within the context of the locality. It is also considered that the separation distance of 15m which is the minimum separating distance between the principal elevations of units 7-10 and the elevations of the properties on Gibson Terrace and Marsden terrace would ensure that there are no detrimental impacts on the outlook from these nearby dwellings.
6.4.8 Concern has also been raised by the occupants of 2 Loch Villa with regard to the siting of a communal collection bin area for properties 1-6 immediately to the rear of their kitchen which they consider to be unacceptable. Whilst these comments are noted the use of this collection point would only be restricted to waste collection days which is usually once a week given that the properties that comprise units 1-6 all have their designated bin storage areas. As such it is not considered that the temporary storage of bins at this location would generate such an impact that would be detrimental to the occupants of this dwelling. Observations of many temporary bin storage areas within residential estates on the island also suggests that they are rarely a cause of concern in terms of air pollution or domestic waste pollution given that they only serve as easy access locations for refuse collection vehicles. Besides, there are clear avenues for redress if these bin storage collection points pose as public health challenges within extant Environmental Protection regulations which can address issues should they arise. For these reasons, it is not considered that the location of the bin storage collection points within the application site and at a distance of about 3m from the neighbouring kitchen would be sufficient to warrant refusal of the application.
6.4.9 Overall, it is considered that the proposed scheme has considerably addressed the reasons for refusal in terms of impact on neighbouring dwellings as the new scheme has addressed the form and density of development in relation to the surrounding area via the revised building scale, layout and orientation; the inappropriate level of car parking provision due to the improved site layout and parking provision; the potential for overlooking, loss of privacy and overshadowing (through the inclusion of obscure glazing for windows with potential to overlook and the revision of the building height and orientations to limit overlooking and overshadowing); and the poor quality of environment and amenity created for the new residential properties (as the new layout and amenity provisions are now appropriate); although contentions may still exist as to how the new scheme addresses issue (b) the impact of the development on the existing levels of traffic within the area and the subsequent detrimental intensification of such levels. It is however noted that any development proposed for this site, particularly an industrial development for which the site was initially designated would have far reaching implications for highway safety and traffic intensification. DOI Highways have however assessed the scheme and are convinced that the revised scheme would address the issues that previously existed in the former scheme (PA 18/00528/B) and the initial submissions for this proposal and as such it is considered that the development would be acceptable in this regard.
6.5 RESIDENTIAL AMENITY OF PROPOSED DWELLINGS
6.5.1 With regard to residential amenity for future occupiers of the proposed dwellings, it is noted that the properties would have sizeable living and kitchen areas and their internal layout would be more than adequate to provide the acceptable levels of internal space for future
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occupiers with the bedrooms, bathrooms and hallways considered to be appropriate. Thus, the internal space provided for the dwelling is considered acceptable.
6.5.2 In respect of the external spaces available for the new dwellings, it is considered that the privacy attainable would be largely appropriate given that the rear garden which would be the private open spaces are positioned such that these enclosed spaces would not be detrimentally overlooked by existing dwellings in the area. The rear of the two bedroom dwellings are positioned away from the properties on Marsden Terrace so that direct views are not obtainable from the first floor living spaces of the properties here. Whilst there would be views obtainable from the properties at the Old Warehouse situated on the side of units 7 -10, this impact would be diminished by the fact that there would be some levels of mutual overlooking on this boundary. Moreover, the open layout of the area which allows for the creation of defensible spaces given that neighbouring properties have some views over nearby dwellings makes this level of mutual overlooking acceptable in this area. As well, the usability of the provided spaces, and also the proposed arrangements of the site in respect of refuse bin storage, hard and sift landscaping, as well as car parking arrangements is considered appropriate.
6.6 HIGHWAYS AND PARKING
6.6.1 Initially, the Highways Division identified several concerns with the application which culminated in a fundamental objection to the scheme. These initial challenges have however been addressed via the submission of additional information in the form of vehicle tracking to and from Shipyard Road and along Gibson Street with some on-street car parking in situ which shows that deliveries and collection can reach the site using appropriate routes or sized vehicles. Also, the internal site arrangements have been modified to meet highway safety requirements with the provision of electric vehicle charging pints located to serve 6 of the twelve parking spaces provided here considered to be an improvement on the previous proposal given that this element of the scheme aligns with the Island drive for sustainable transportation. Accordingly, it is considered that the parking and turning area provisions, as well as the access arrangements align with General Policy 2 (h and i).
6.6.2 In respect of the other relevant Transport Policies of the Strategic Plan, the use of paviours will likely keep speed levels low as they indicate clearly that the surfaces here are shared. As well, the provision of pavements proposed alongside the shared surfacing would ensure proper segregation between pedestrians and vehicle users in line with Transport Policy 6. As well, the layout of the scheme to create pedestrian access via the site with pedestrian and cycling links to the surrounding areas, particularly the residential development on the Former Gasworks site which has links to the central areas of Ramsey. Likewise, the scheme is strategically located within a part of Ramsey where access to public transport options is guaranteed. On this basis, no objection is raised in respect of Transport Policies 1, 2 or 6 of the Strategic Plan.
6.7 POTENTIAL DRAINAGE/FLOOD ISSUES
6.7.1 As can been seen from the comments by MUA Drainage and the supporting information provided by the applicant, there is an accepted issue with the existing susceptibility of the site area to flooding. Also, the site is also situated within a High Risk Flood Zone (Tidal) on the Isle of Man Indicative Flood Maps - Flood Risk (River and Tidal). Based on the foregoing, the Manx Utilities Drainage team have recommended in addition to the proposed drainage system that the finished floor levels are set at 5.64 mAD02 with the addition of a 600mm freeboard which would set the levels at 5.64 mAD02 + 600 mm; a requirement that would be at variance with the applicant's proposal to have the following levels. Whilst not contesting the proposed flood mitigation plan by the applicants, MUA Drainage have proposed the following flood resilience measures to serve as safeguards for the new development: a) Raise all electrics fittings etc to a minimum of 600mm above ground floor levels
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b) Use of tiled finishes to concrete ground floors to assist in cleaning up after an inundation c) Use of easily replaceable or removable materials such as pvc skirtings' and the like.
6.7.2 Given that MUA Drainage does not oppose the proposed scheme subject to the proposed scheme adhering to the recommended flood resilience measures, it is not considered that the flood implications of the development would be such that would warrant refusal. Albeit, a condition would be imposed to ensure that the scheme is implemented according to the recommended flood resilience measures provided in the MUA Drainage representation dated 21 August 2021.
6.7.3 Based on the foregoing, it is considered that the proposed scheme would comply with GP 2 (l), Environment Policy 10 and Environment Policy 13.
6.8 AFFORDABLE HOUSING PROVISION
6.32 As indicated by Housing Policy 5 the Department will normally require that 25% of provision should be made up of affordable housing when developments are of 8 dwellings or more. On this basis a total of 2.5 affordable units would generally be required given that 10 dwellings are currently proposed. In this case the applicants have been in discussion with the DOI Housing Division and both parties have agreed that the applicant will provide a commuted sum of £35, 817.00 in lieu of the 2.5 housing units that should have been provided. It is therefore considered that the commuted sum agreed in lieu of the 2.5 affordable housing units that should be provided is acceptable and satisfies the provisions of Housing Policy 5, although a Section 13 Legal Agreement will need to be agreed in this regard.
6.9 OPEN SPACE PROVISION
6.9.1 In terms of open space provisions for the new dwellings, Recreation Policy 3 indicates that 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.
6.9.2 Whilst the proposal would provide one main area of open space around the southern boundary of the site and the northern sections of the site abutting 9 Loch Villas, this is not considered to be sufficient given that this would serve 10 properties within a constrained site, with the open space provisions being more of an amenity benefit rather than being useable as Public Open Space. As such, the applicant have agreed to provide a commuted sum in lieu of the shortfall in the provision of public open space. The details are provided below:
6.9.3 Public open space calculations.
In accordance with the IoM Strategic Plan Appendix 6 - the calculation for POS there are 10 units, 6 of these are 2 bedroom, 4 are 3 bedrooms +. The last agreed cost was £17 / m2 for this site (previous application) and forms the basis for the current calculation. The commuted sum: o 6 x 2 bed units @ 54 = 324 m2 o 4 x 3 bed (+) @ 96 = 384m2
o Total area = 708 sq m @ £17 = £12,036.00.
6.9.4 It should however be noted that there is a large area of Public Open Space (larger open areas of grass/fields formally laid out as sport pitches and children's play area within a few
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minutes (under 5 mins) walk away, with good footpath access situated north of Shore Road which would serve to ameliorate the loss of public open spaces within the site.
6.9.5 Overall, it is considered the proposal would meet the aims of Recreation Policy 3.
6.10 IMPACTS ON ECOLOGY
6.10.1 With regard to impacts on the ecology of the site, it is noted that whilst DEFA's Ecosystem Policy Officer has not made any comments regarding the current application, advise provided in the previous application (PA 18/00528/B) underlined the applicant's responsibility to ensure that no damage or destruction to wild birds or their nests takes place during the works and recommended that demolition works be undertaken outside of bird breeding season and thorough checks for breeding birds be undertaken prior to demolition. The Officer further noted in the representation sent in on 16 November 2018 for the previous application that it is likely that house martins and house sparrows nest in or near the site and therefore recommended that provision is made in/on the new buildings for new nesting areas through the installation of nest boxes or 'bird bricks'. Given that the site conditions have not changed since the previous decision, these requirements would also be integral to decisions on the current application.
6.10.2 The Manx Wildlife Trust also noted the lack of information with regard to the potential for wildlife and/or protected species and the demolition of the building; and recommended at the very least a photomontage of the internal and external structure showing the current state of buildings and structures that may offer potential for housing biota.
6.10.3 Given that the applicant has not provided any information with regard to ecology in the current application (as with the previous application under PA 18/00528/B); a clear picture of the possible impacts of the proposed scheme on ecology of the site is not known. It is however worth noting that a visit to the site on 25 May 2020 which lasted for about an hour did not yield any indication that bats and birds nested in the buildings on site. Albeit, the applicants have indicated that they would accept any conditions requiring assessment surveys before works commence on site. Given that the proposal would involve the demolition of several, non- habitable and dilapidated structures on site, it would be beneficial to ensure through a condition that a thorough assessment of the site is carried out to identify the ecology on site and determine appropriate measures that would ensure that the development is carried out sensitively without detrimental impacts to ecology on the site.
6.11 OTHER MATTERS
Potential for Site Contamination 6.11.1 The site is a former builder's yard and appears to have had a number of uses on the site evidenced in the number of dilapidated buildings and piles of building waste on site. There is however no contamination report submitted as part of the application to give an indication of possible contamination on site. Given that former builder's yards and areas of derelict and vacant land found in many town and cities with industrial past are prone to some form of contamination, the need to assess the contamination potential for the site may hold potential. Besides, the Strategic Plan makes particular reference to land with a legacy of past industrial and chemical use with particular reference to mining sites as sites with potential to be contaminated land (See section 7.20 of the Strategic Plan). As such, any approval for the scheme would benefit from a condition to investigate and risk assess the nature and extent of any contamination on the site and provide a detailed remediation scheme and mitigation. Based on the foregoing, a condition would be recommended to ensure that the applicants carry out tests to ascertain the contamination potential for the site and if contamination is found, necessary mitigation measures be carried out to ensure that the site is suitable for residential use.
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20/00433/B Page 24 of 25
Conclusions 6.11.2 There is some conflict between the proposal and Local Plan policies. However, the circumstances of the application site are such that the loss of the light industrial land is not considered as significant in either a local or Island context as to represent a fundamental reason for the application to be refused. It is therefore considered that a refusal on the basis of the loss of light industrial land would be inappropriate. Moreover, it is also considered that the principle of residential development on the application site is acceptable given the surrounding uses and geographic relationship between the site and surrounding amenities, in addition to the fact that the development would ensure the restoration of a brownfield site.
6.11.3 The specifics of the design and impact on local residential amenity are considered to fall within acceptable levels; this judgement is reached having had regard to the design of the proposal in terms of the site layout, public open space provision, dwelling design, views into and out of the site, affordable housing provision, parking provision and highway safety. Issues of flood risk have also been satisfactorily addressed.
7.0 CONCLUSION 7.1 Overall, for the reasons indicated within this report it is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan. Accordingly, on this basis it is recommended the application is approved subject to conditions as listed and subject to a Section 13 Legal Agreements relating to Affordable Housing provision and Public Open Space provision.
8.0 SECTION 13 LEGAL AGREEMENT 8.1 This application is recommended for an approval subject to a Section 13 Legal Agreement for a commuted sum payment in lieu of 2.5 housing units, as well as a commuted sum payment in lieu of Open Space provisions of £12,036.
9.0 INTERESTED PERSON STATUS 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
(a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
9.2 The decision maker 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 above who should be given Interested Person Status __
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.
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20/00433/B Page 25 of 25
Decision Made : ...Permitted... Committee Meeting Date:...15.03.2021
Signed :...P VISIGAH... 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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