Loading document...
==== PAGE 1 ====
20/01367/B Page 1 of 16
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/01367/B Applicant : Dandara Homes Limited Proposal : Development of 19 dwellings (class 3.3), retail unit (class 1.1), children's nursery (class 4.2), and associated drainage and highway services Site Address : Land North Of 15 Auldyn Walk Ramsey Isle Of Man
Principal Planner: Mr Chris Balmer Photo Taken : Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Approve subject to Legal Agreement Date of Recommendation: 16.03.2021 __
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. No dwelling/nursery/retail unit shall be occupied/operated until the estate road from the junction of the adopted highway to the access of that dwelling/nursery/retail building has been constructed at least to base course level and lighting has been provided.
Reason: In the interest of Highway Safety and provide access to each dwelling/nursery/retail building.
C 3. No dwelling or the nursery or retail unit shall be occupied/operated until its parking spaces, as shown on drawing Auld_APL_01 & Auld_APL_42 have been provided. Such areas shall not be used for any purpose other than the parking of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety.
C 4. All planting (including trees), seeding or turfing comprised in the approved details of landscaping (drawing Auld_APL_30) must be carried out in the first planting and seeding seasons following the completion of the development. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a
==== PAGE 2 ====
20/01367/B Page 2 of 16
similar size and species. The approved details of the hard landscaping works include footpaths, walls, fences and hard surfacing materials shall also be completed as shown on drawing Auld_APL_30 prior to the occupation of the relevant building i.e. dwelling, nursery/retail unit and retained thereafter.
Reason: To ensure the provision of an appropriate landscape setting to the development.
C 5. For the avoidance of doubt the retail unit allows the use of the unit for those use outline within the Town and Country Planning (Use Classes) Order 2019 (or any replacement/amendment of that order) as Class 1.1 (Shops), whilst the Children's nursery may only be used as Use Class 4.2 (Childcare or Education).
Reason: The application has proposed a retail and children nursery and has been considered on this basis.
This application has been recommended for approval for the following reason. It is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 2, Spatial Policy 2, General Policy 2, Housing Policy 4, 5 & 6, Business Policy 9 & 10, Recreation Policy 3, Community Policy 1 & 2, Transport Policy 4, 6, & 7 and Energy Policy 4 & 5 of the IOM Strategic Plan 2016, West Ramsey Development Plan 2004 and the Residential Design Guide 2019.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings Auld_APL_01, Auld_APL_02, Auld_APL_03, Auld_APL_04, Auld_APL_10, Auld APL 20, Auld_APL_21, Auld APL 30, Auld_APL_31, Auld APL 40, Auld_APL_41, Auld_APL_42, 309(T), 314(T), 315 (T), Planning Statement, Design Statement and Transport Statement all received on 15th December 2020.
__
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:
Public Estates & Housing Division Manx Utilities Flood Risk Management Team (DOI)
It is recommended that the following persons 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):
47 Lezayre Park, Ramsey Milntown Gatehouse, Gardeners Lane, Ramsey 2 Glen View South Cape, Laxey
As they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; 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; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of
==== PAGE 3 ====
20/01367/B Page 3 of 16
land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT IS FOR OVER 8 HOUSES AND A SECTION 13 LEGAL AGREEMENT IS REQUIRED
0.0 PREAMBLE 0.1 Further to the application being deferred by the Planning Committee at its sitting 1st March 2021, the Department has sought additional comments from both and Utilities (deal with drainage matters) and the DOI Flood Risk Management Team. Comments from both are within the representations section of this report (Sections 5.4 & 5.5 of this report). Additional representation has also been summarised which was read out to the Planning Committee at the previous meeting has also been included (section 5.8).
0.2 In relation to the provision of a new play area, a update within Section 6.24 is provided and a draft Section 13 Legal Agreement has been undertaken. Section 7.1 has also been amended slightly.
0.3 There are no other updates to this report.
1.0 THE APPLICATION SITE 1.1 The application site comprises a parcel of flat land (approx 0.55 hectare) located on the western side of Gardeners Lane and south and west of Auldyn Walk all in the Poylldooey area of the Ramsey. To the south and west of the site is the Auldyn Walk housing development which was completed a number of years ago and to the east (across Gardeners Lane) is further housing development (Auldyn Meadow) most of which is completed but some works are still taking place.
2.0 THE PROPOSAL 2.1 The application seeks approval for the development of 19 dwellings (class 3.3), retail unit (class 1.1), children's nursery (class 4.2), and associated drainage and highway services. The dwellings would be made up of three pairs of semi-detached properties (total 6 dwellings) and 11 dwellings are terraced properties. All dwellings are two storeys. The proposed nursery (142sqm) and shop (100sqm) are accommodated at ground floor level within a single detached building which is two storeys in height. Above the nursery and shop are two apartments. There are 11 dedicated parking spaces for the nursery and shop, as well as secure cycle provision.
3.0 PLANNING HISTORY 3.1 The application site and surrounding land has been the subject of a number of previous planning applications, the following of which are considered specifically material to the assessment of this current planning application:
03/00790/B - Residential estate development comprising of roads, plots, sewers, flood protection measures, drainage, public open space and layout for 26 semi detached dwellings, 69 terraced dwellings, 42 apartments and 38 self build plots - East Of Gardeners Lane Between Greenlands Park And Poylldooey Nature Reserve, Off Gardeners Lane, Poylldooey, Ramsey - APPROVED 10th April 2006.
03/01846/B - Residential estate development comprising of roads, plots, sewers and layout for 26 semi detached dwellings, 14 terraced dwellings, 10 apartments, 1 children's nursery, 1 public house with managers accommodation and 2 lock up retail units - Land North Of Ramsey Power Station And West Of Gardeners Lane Off Gardeners Lane, Ramsey - APPROVED
==== PAGE 4 ====
20/01367/B Page 4 of 16
91/01487/A - Approval in principle for mixed residential scheme, business/industrial park & landscaping land at Poylldooey, Ramsey - Land At Poylldooey, Gardeners Lane, Ramsey - APPROVED
91/00575/A - Approval in principle for mixed residential scheme, business/industrial park & landscaping, land at Poylldooey, Ramsey - REFUSED
4.0 PLANNING POLICY 4.1 In terms of local plan policy, the application site is within a wider area of land that is designated as proposed residential use under the Ramsey Local Plan Order 1998. The site is not within a high risk flood zone. In accordance with the local plan the West Ramsey Development Framework (WRDF) was written to provide an overall development framework for the development of the application site and surrounding land. Under this document the site is within an area designated as "Neighbourhood Centre 4", this states: "Between Gardeners Lane and Glen Auldyn River (as notated "4" on the key diagram) the land should be developed for a neighbourhood centre to service the needs of the overall development of West Ramsey. The neighbourhood centre could include uses such shops, nursery/crèche facilities, meeting hall, public house. During the consultation process interest in the provision of new community facilities for churches within Ramsey has been highlighted. Land within this area that is not needed for neighbourhood centres uses should be developed for medium/high density housing (15-30 dwellings per hectare)."
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application.
4.3 Strategic Policy 2 states: "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."
4.4 Spatial Policy 2 states: "Outside Douglas development will be concentrated on the following Service Centres to provide regeneration and choice of location for housing, employment and services
4.5 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality;
==== PAGE 5 ====
20/01367/B Page 5 of 16
(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."
4.6 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions 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."
4.7 Housing Policy 5 states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."
4.8 Housing Policy 6 states: "Development of land which is zoned for residential development must be undertaken in accordance with the brief in the relevant area plan, or, in the absence of a brief, in accordance with the criteria in paragraph 6.2 of this Plan. Briefs will encourage good and innovative design, and will not be needlessly prescriptive."
4.9 Business Policy 9 states: "The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment (1)."
4.10 Business Policy 10 states: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5."
4.11 Recreation Policy 3 states: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan."
4.12 Community Policy 1 states: "Where relevant and appropriate, there should be provided by the developer of new or expanded residential areas, community benefits in the form of neighbourhood centres."
4.13 Community Policy 2 states: "New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings."
==== PAGE 6 ====
20/01367/B Page 6 of 16
4.14 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
4.15 Transport Policy 6 states: "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."
4.16 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
4.17 Energy Policy 4 states; "Development involving alternative sources of energy supply, including wind, water and tide power, and the use of solar panels, will be judged against the environmental objectives and policies set out in this Plan. Installations involving wind, water and tide power will require the submission of an EIA."
4.18 Energy Policy 5 states: "The Department will prepare a Planning Policy Statement on Energy Efficiency. Pending the preparation and adoption of that PPS the Department will require proposals for more than 5 dwellings or 100 square metres of other development to be accompanied by an Energy Impact Assessment."
4.18 RESIDENTIAL DESIGN GUIDE 2019
5.0 REPRESENTATIONS 5.1 Ramsey Town Commissioners initially sought a deferral due to the lock down (08.01.21) and confirmed on 21, 01, 21 that they had no objection to the application.
5.2 Highway Services make the following comments (05.01.2021): "Accessibility: The site is relatively accessible and will enhance local facilities and services on provision of a retail unit and nursery plus connections for walking and cycling, including the provision of a 2.0m wide footpath link from the development onto Gardeners Lane to tie into the existing dropped pedestrian crossing on Gardeners Lane. Gardener's Lane provides access to A3 Lezayre Road some 350m to the south of the application site and within a 10 minute walk time, where hourly bus services operate to Ramsey and elsewhere, plus there is a footway link to local schools. To the east of Gardeners Lane, the dismantled railway provides a pedestrian/cycle route that connects with Poyll Dooey Road and its employment area. Future extensions of this route are anticipated enhancing recreational facilities. Additionally, Lezayre Park to the east of Gardeners Lane provides other pedestrian and cycle access to Poyll Dooey Road via Greenlands Avenue.
Vehicle Access: The proposal creates new access points from Auldyn Way comprising: i. New junction some 30m from the roundabout at Gardeners Lane to serve the proposed neighbourhood centre, 11 terraced dwellings and two apartments and associate parking from a 6.0m wide shared surface access. This access will provide visibility at a 2.4m setback of 30.0 metres to the right to vehicles exiting the roundabout and some 60.0 metres to the left up to the junction with Audlyn Walk. ii. Layby of 6m length to the west of the new junction for loading and unloading. iii. New junction and two private drives dropped crossings of the existing footway from Audlyn Walk. The junction is to serve 4 semi-detached dwellings, including eight off street car parking spaces and another two car parking spaces to serve the two apartments. It is to be 6.0m wide shared surface access arrangement some 25.0m to the south of the Audlyn Walk/Audlyn Way junction. The available visibility to drivers at a 2.4m setback from the edge of the carriageway of Audlyn Walk to the nearside edge of carriageway will be 25.0m to the right and 27.0m to the left.
==== PAGE 7 ====
20/01367/B Page 7 of 16
The layouts are acceptable and the available visibility for the proposed accesses accords with the recommended minimum distances in Manual for Manx Roads for the speed of traffic using the local network. All works in the highway will require a separate technical approval and S109(A) Highway Agreement post planning consent. For the layby to operate as an enforceable loading bay and to avoid in being parked up, a Traffic Regulation Order is necessary.
Internal Layout: Much of the layout is acceptable with the streets outside of the parking areas to be constructed to adoptable standard and offered for adoption as highway maintainable at public expense. Any such areas would be subject to a separate technical approval and a S4 Highway Agreement. Where driveways are to be provided, these are to suitable dimensions.
Most car parking spaces are external within parking courts and of an adequate size. The exceptions are for plots 18 and 19 that are each to have two car parking spaces, and plots 9 to 11 each to have one parking space within the curtilage. Bicycle parking is necessary for the dwellings other than the apartments to aid sustainable travel. Consideration should be given to electric vehicle charging points to help meet low emission objectives.
The turning area within the main shared surface area is expected to operate adequately as demonstrated on the Traffic and Parking Plan by the swept path analysis for a large waste collection vehicle. This would allow waste collection and delivery vehicles to turn around and enter and leave the development in a forward gear.
There is space within the site for waste bins with collection from the proposed street or at designated collection points.
There are a few points of detail and consistency of plans to address. For the Site Plan the: i. Main streets are shown as shared surface. At each of the pedestrian access points to this area the kerb upstand should be 0-6mm max. The 3D design should take account of any potential highway surface water run-off at these locations which must not be allowed to run onto private property and this will become clearer once design levels are available. ii. The kerb-line outside Plots 3 and 4 is drawn with a kink and would benefit from a smoother kerb alignment. iii. The connecting footpath from the previous phase appears to be shown as grassed area adjacent to car parking space no.3 and should be hard surfaced. iv. On the drainage layout, there are two proposed road gullies, and one private gully connecting into SMH1.1 near Plot 3. The maximum length of any gully connection should not exceed 20m, and one gully cannot connect to another. If necessary, another manhole and length of carrier pipe may be needed here. v. The Traffic and Parking plan shows an inappropriate waste collection point on the footway adjacent Plot 17. Space should be made available off the footway for bin storage.
Parking Amount: The layout includes car parking for 49 vehicles with 11 spaces (including 1 disabled space) to serve the shop and children's nursery plus 38 spaces to serve the 19 dwellings. The proposed total amount is adequate.
For the dwellings, including for the apartments, it accords with the Strategic Plan minimum requirement of two per unit, including for the two apartments which are to have two bedrooms each. For the proposed neighbourhood shops, an allowance is to be made for space for staff, customers and service vehicles confirmed on using a typical standard from England of1 space per 25sqm commercial equivalent to three car parking spaces.
As the Strategic Plan is silent on the standard for nursery land uses, the allocation has been based, again, on a typical standard from England using the anticipated number of staff and
==== PAGE 8 ====
20/01367/B Page 8 of 16
children. This indicates a requirement for a minimum of eight spaces at one space per full time staff and one space per three part-time staff equivalent to four spaces at a ratio of one member of staff per eight children for 38 children. An extra allowance provided for children at one space per 10 children to add another four spaces.
One bay for disabled use is sufficient at 6% of the total commercial use.
Bicycle parking is necessary for each house in a secure, covered facility separate from any waste bin storage area at one space per bedroom in accordance with Local Transport Note 1/20. Bicycle parking is to be provided for the apartments at an appropriate amount of one per unit. The neighbourhood facilities are to be provided with six spaces. This is considered a reasonable amount at two per 100sqm gfa of retail space with an allowance for staff and visitors to the nursery. Those for the shop and nursery should be in the form of Sheffield stands and adequately spaced to allow the parking of two bicycles per stand.
Transport Assessment: No formal Transport Assessment is required, but a Transport Statement has been submitted to illustrate the transport issues. It also addresses the likely level of traffic associated with the proposal, the adequacy of the proposed parking arrangements and that of the adjacent highway network to accommodate the additional movements.
Traffic Impact: The previously approved neighbourhood facilities under planning application: 03/01846/B included trips associated with the wider residential development. The proposed facilities are unlikely to add a significant number of new trips to the local highway network to cause safety or efficiency issues. The proposed residential use is likely to increase trips on altering the previously approved number of dwellings on the application site from 10 apartments to 19 dwellings, including two apartments, i.e. a net increase of 9 dwellings. From the database used by transport professionals, TRICS, a residential development typically generates between 0.6 and 0.8 vehicle movements per dwelling during the critical movement period of the morning peak and 75% of these movements are likely to be leaving the proposed development. Based on the higher rate of 0.8, the 19 new dwellings are expected to generate some 16 vehicles two-way between 8:00am and 9:00am with 13 vehicles departing and four arriving. This is equivalent to the addition of one extra vehicle passing along Audlyn Way every three to four minutes. This is well within statistical variations and unlikely to be very noticeable on comparison with the existing traffic flows.
Road Safety: The proposal does not raise significant road safety issues. An expected, Stage 1 Road Safety Audit has not been included with the application, and a stage 1 and 2 RSA's will need to be provided at detailed design stage as part of the technical approval.
Conclusion: The proposal is to be accessed in an appropriate manner and unlikely to cause material harm to the adjoining local highway network in terms of safety and network efficiency. Parking and turning are suitable other than an absence of bicycle parking for the proposed houses. Other minor adjustments are necessary at the southern section of the main street to a kerb line, surface for a path, and drainage and to the waste bin collection point off Audlyn Walk. Accordingly, Highway Services raise no opposition to this proposal subject conditions applying to any planning consent granted to meet minor layout changes to the site plan, drawing no: Auld_APL_01 and the provision of details for bicycle parking for each house. An advisory to apply too for Highway Agreements under s4 and s109(A) of the Highways Act 1986 and potential for a Traffic Regulation Order for the layby to operate as a loading bay.
Recommendation: DNOC"
==== PAGE 9 ====
20/01367/B Page 9 of 16
5.3 Public Estates & Housing Division make the following comments (15.01.2021): "We refer to the aforementioned planning application, and we can confirm that we have looked at the detail of the application and have considered the provision of a 25% affordable housing requirement.
Current data drawn from Housing Division records for Ramsey and the North indicates that there are 85 persons on the general public sector waiting list for affordable housing to rent. There are 7 persons on the Active first-time buyers register seeking to purchase a first home in Ramsey, and 49 on the Total first-time buyer register. This figure is not indicative of likely final purchases as the ability to progress to completion would depend upon personal circumstances and mortgage ability at point of allocation.
The department would therefore 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 affordable housing, based upon the usual calculation of 25% of the number of units approved within the application. The Department can confirm that the Proposed Site Plan indicates that four 2B dwellings have been identified by the applicant as being reserved for affordable housing. The balance of the 25% will be paid by Commuted Sum.
Thank you for giving us the opportunity to comment on the application."
5.4 Manx Utilities make the following comments (01.03.2021):
"I can confirm that we have no issues with this application as the infrastructure currently in place and the small section of foul & surface water sewer proposed within the application is acceptable.
MU will be requesting a section 8 adoption agreement with Dandara for the adoption of the sewerage infrastructure prior to work commencing on site."
And
"I am not aware of any issues with the public sewers serving the development. The estate drains to the pump station highlighted below and is pumped into the Greenlands Avenue Estate.
I have checked our records and we have had two complaints since the estate was adopted, one was relating to a land drainage pipe in a garden and the other was a blockage on a private drain."
And
"Quite surprised at their views on this unless the Committee members have some information to the contrary but to my knowledge and speaking to our operations team the existing surface water sewers that currently drain the Auldyn Walk development have not given MU any issues to date. It was designed in 2008 to drain the entire estate which also at the time included a small neighbourhood centre and associated car parking (which was not constructed).
Without pulling out the exact calculations on the original scheme the neighbourhood centre area was nearly 100% hardstanding compared to a reduced amount of hardstanding in the current proposals. The SW outfall into the River is at a fixed level so cannot be raised but this would impact on the existing SW sewers, it may be worth speaking to the FRM section to determine their views on the proximity of the development to the adjacent Auldyn River but the below map indicated it falls outside of the flood envelope.
==== PAGE 10 ====
20/01367/B Page 10 of 16
If you require anything further please let me know."
5.5 Flood Risk management Team (DOI) comment (15.03.2021): "While the site is close to, it currently does not fall within the high flood risk zones. Of course this may change with future revisions of modelling and mapping. However, with the information we have at this time the site is not thought to be at a high risk of flooding from the Auldyn River. Is there a particular reason why members have specifically asked us to review this? Is there some information on previous flooding incidents we have missed?
The site is not showing up on our surface water flood risk maps either.
Thus, with the information we have I cannot see that we are in a position to oppose."
5.6 The owners/occupiers of Milntown Gatehouse, Gardeners Lane, Ramsey object to the application which can be summarised as (06.01.2021); we would like to point out that Gardeners Lane has only just been resurfaced because of all the damage caused by previous construction traffic. It has been a lot to endure and the thought of it starting all over again is distressing. We are still yet to repair the large crack in our garden wall caused by the large heavy trucks trundling past at speed from the most recent development. We would strongly urge you that if this development should get passed in its' current form to ensure that traffic calming is put in place first, please.
5.7 The owners/occupiers of 47 Lezayre Park Ramsey object to the application which can be summarised as (01.01.2021); The area is known for flooding given the Auldyn River runs along this development and overflows onto the land therefore flooding occurs; Houses built nearby have already flooded; Ramsey does not have the infrastructure to cope with more houses; should save our natural spaces for future generations rather than turning them into concrete jungles which will never be returned to nature; and we should be preserving land.
5.8 The owner/occupier of 2 Glen View South Cape Laxey object to the application which can be summarised as (26.02.2021); While it is appreciated that a neighbourhood centre incorporating more facilities may not now be provided as there will be insufficient residential development in the adjoining area, this does not in itself justify a much denser, traffic, car parking and surface water generating development on this site. An additional 19 dwellings will increase the problem of existing parts of the highway being used for on street parking and to the detriment of the passage of other residential traffic in the area; for a shop of the size proposed, separate space and access is needed for delivery vehicles and deliveries. A nursery needs outdoor space. Perhaps a rear concrete area is provided, perhaps not. Either way, to say that school playing fields, a good 15 -20 minutes walk away; Green space should be provided within the proposed development especially now that is proposed to be an additional 19 houses with minimal garden space in lieu of a public house which could have been expected to have play space; Surface water drainage is to be to the Auldyn River. That may work when river levels are low but, when they are high, surface water drainage has nowhere to go; With only a 25% requirement for affordable housing on the Island, there should be no reason not to provide all of the requirements plus a green and equipped play area, instead of providing a commuted payment in lieu of part of the full 25%; In total the scheme is far too dense for this limited area; If it is permitted it should be on the basis only of providing a far greater rate of affordable housing, not just for those on Government approved schemes. There should be a ban on investors being allowed to buy up large proportions of the scheme in order to "buy to rent" or as "second, 'COVID' escape homes" which are driving prices up island wide. Most of Auldyn Walk is privately rented property.
6.0 ASSESSMENT 6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application: (a) principle of development;
==== PAGE 11 ====
20/01367/B Page 11 of 16
(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/flooding issues; (f) affordable housing provision; and (g) open space provision.
PRINCIPLE OF DEVELOPMENT 6.2 The first and main issue relating to this application is the principle of residential development on this site. As outlined within the planning policy section of this report, site is proposed for residential use and therefore the proposal for additional residential development is acceptable.
6.3 Further to the land use designation is the previous planning approval (03/01846/B) residential estate development comprising of roads, plots, sewers and layout for 26 semi detached dwellings, 14 terraced dwellings, 10 apartments, 1 children's nursery, 1 public house with managers accommodation and 2 lock up retail units.
6.4 Since this previous approved application, the Isle of Man Strategic Plan has been adopted (June 2007 & 1st April 2016). Within this document Strategic Policies 1 & 2 require that new dwellings be located within existing sustainable settlements. Spatial Policy 2 also indicates that outside Douglas development will be concentrated on a total of five Service Centres to provide regeneration and choice of location for housing, employment and services, one of these service centres is Ramsey.
6.5 More recently update to the Isle of Man Strategic Plan 2016 has been undertaken and adopted, which identified that a total of 770 new dwellings is required to be provided between the years of 2011 to 2026 in the north of the Island alone. A total of 5,100 dwellings in required over this same period throughout the Island. Given Ramsey is regarded as the main Service Centre in the north of the Island, it is reasonable to consider the majority of these dwellings are likely to be provided in Ramsey, especially given designated residential land is still available under the Ramsey Local Plan which was adopted in 1998.
6.6 In terms of the proposed nursery and retail unit, it is consider the principle of these are acceptable and are what the West Ramsey Development Framework sought in terms of community facilities/neighbourhood centre. It is perhaps unfortunate that a pub is not included as was initially approved under application 03/01846/B. However, it needs to be noted that the amount of land which was designated under the Ramsey Local Plan and the West Ramsey Development Framework has been significantly impacted given the more recent Flood Maps which have designated Areas 3,5,6 and 7 (north of former railway line) as high flood risk and therefore would unlikely gain approval from the Department, even though their designation. Further, the applicants have indicated they have sought breweries to potentially occupy any new pub on the site, but no have been interested. Further the West Ramsey Development Framework states on this matter that: "The neighbourhood centre could include uses such shops, nursery/crèche facilities, meeting hall, public house..." rather than "should include" i.e. it is considered it listed possible community uses rather than requiring them all to be provided. In terms of the nursery and the retail unit it is considered these will bring essential services to the existing residents of the area and of the new dwellings. The size of the retail unit would meet the aims and comply with Business Policies 9 & 5.
6.7 Accordingly, given the above reason it is consider the principle of developing the majority of the site for residential, retail unit and a nursery purposes are acceptable. This is not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if 19 dwellings, Nursery and Retail units on the site are appropriate.
==== PAGE 12 ====
20/01367/B Page 12 of 16
THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA 6.8 In terms of the potential impacts upon the visual amenities of the area, it is considered again the proposal would be an appropriate form of development from this respect. The layout, design, scale, form and finish of the dwellings are appropriate and would result in a pleasant housing development to live within. Whilst the dwelling would be similar in design, the use of slightly different finishes/render colours, position/designs of front porches will help break up the potential continuous line of dwellings along the street, but rather a mix of houses types and styles. The design and finishes of the dwellings again slightly differ to the houses in Phase 1 (Auldyn Walk), which themselves differed from the other housing development to the eastern side of Gardeners Lane. To the southeast of the site are the properties within Greenlands Avenue estate which are made up of mainly of bungalows/dormer bungalows (1960/70s design). Accordingly, there has been a number of housing styles constructed over the years in this immediate area and it is considered the proposal would just introduce further appropriate form of development in the area.
6.9 In terms of appearance of the new estate from outside the estate itself, the dwellings would not be especially apparent, particular from distant views. The most apparent views would be from Gardeners Lane to the east of the site. The proposal includes boundary/roadside landscaping which would help soften the impact of the development, although a condition should be attached which provides greater level of detail and perhaps increase the amount of landscaping in public areas as well as fronting the proposed properties. Overall, it is considered the impact would not be significant and would not significantly detract from the character of the former railway.
6.10 Accordingly, whilst there will be an impact to the visual amenities of the area, it is considered the proposals would be acceptable and comply with General Policy 2 of the IOMSP.
POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.11 The second issue relates to the potential impact of the development upon the residential amenities of neighbouring properties. Given the size of the site and number of dwellings, all properties adjacent to the site will be impacted by the development. Any development would have an impact; the issue to consider is whether the proposed development would significantly impacts upon the amenities of the neighbouring properties. Generally the main issue relate to overlooking resulting in a loss of privacy, overbearing impact upon outlooks and/or loss of light.
6.12 In terms of overlooking a general guide which the department utilises is the 20 metres measure, which is taken between direct facing windows, generally two storey properties. In this case all the proposed dwellings are greater than 20 metres from neighbouring existing properties. The exceptions are plots 8 which has indirect views towards Nr 1 Auldyn Walk, which is 18.5m away. However, given views are not direct it is considered this distance is acceptable in this case. Other properties which are closer to existing properties are plot 17 and Nr 46 Auldyn Walk; however, Plot 17 it is it blank gable end wall which is facing this property and would be over 15m away. The final property is Plot 1 and 16 Auldyn Walk where there would be a 7.5m gap (corner to corner). However, the position of the new dwelling is such that there would be no significant impacts upon the occupants of Nr 16 Auldyn Walk to warrant a refusal.
6.13 Overall, whilst the proposed development will have an impacts upon existing neighbouring properties, it is considered for the reasons given the proposed development would not having an significant impacts upon the residential amenities of the neighbouring properties and therefore comply with General Policy 2 of the IOMSP.
POTENTIAL IMPACT UPON HIGHWAY SAFETY 6.14 Firstly the potential highway implications by the development on the existing highway, the applicants provided a Transport Statement as part of their application, prepared by Bryan G
==== PAGE 13 ====
20/01367/B Page 13 of 16
Hall Consulting Civil & Transportation Planning Engineers. In terms of traffic generation the report states: "The proposed and previously approved Neighbourhood facilities are ancillary to the wider residential development served of Gardener's Lane and therefore the trips likely to be generated by these uses have already been included in the generated trips of the approved wider residential development. Hence the Neighbourhood uses will not add a significant number of new trips to the local highway network.
The proposed residential uses will increase the number of approved dwellings on the application site from 10 apartments to 17 semi-detached/terraced dwellings and 2 apartments (i.e. a net increase of 9 dwellings). Residential development typically generates between 0.6 and 0.8 vehicle movements per dwelling during the morning peak period, 75% of which are likely to be leaving the development. Based on the higher figure of 0.8, and on the assumption all of the 19 dwellings are new, these will generate only some 16 vehicles between 8:00am and 9:00am with 13 departing and 4 arriving. This equates to one vehicle every 3 to 4 minutes using Audlyn Way. This level of movements will not be noticeable and hence will not have a significant impact on the local highway network."
6.15 This report concluded that: "The application site is well placed within an existing residential area to provide neighbourhood centre facilities for residents to safely walk or cycle to and for residents to access other local facilities or use the local bus services to more distant destinations, without the need for them to use cars.
The traffic likely to be generated by the application proposals can be safely accommodated on Audlyn Way and Audlyn Walk. The proposals will not result in a significant transport impact and accord with the policies of the Isle of Man Strategic Plan hence planning approval should not be withheld for these reasons."
6.16 Highway Services have considered the application and the Transport Statement and agreed with the findings of the report that the traffic generated by the development is acceptable and would not raise any adverse safety issues. Therefore Highway Services have raised no objection.
6.17 Each of the proposed dwellings would have least two off road parking spaces, some fronting the properties and some set slightly away from the dwellings. This is to try break up the parking spaces rather than the space fronting all the properties which can cause adverse visual impacts in the street scene. Therefore the parking provision for the development complies with the relevant IOMSP Parking Standards. Highway Services also raise no objection to the level of parking provided, including the level of parking associated with the nursery and retail unit.
POTENTIAL DRAINAGE/FLOODING CONCERNS 6.18 Within the West Ramsey Development Framework (WRDF) it has been identified that parts of West Ramsey have been previously affected by a combination of river and tidal flooding. The Framework indicates that following flooding in Sulby, the Department of Transport commissioned and received a report on the Sulby River from Bullen Consultants (November 2002). The conclusions of this report, have where appropriate, been incorporated into the Development Framework.
6.19 From these conclusions the WRDF stated that new residential development on the West Ramsey area should be built in a way that protects it from flooding at a level of 5.75 metres above local datum. Consequently, when application 03/00790/B was approved a number of conditions were attached. These required full details of flood protection measures and that no dwelling shall be occupied until the flood protection measure are constructed. In terms of a protection measures, an earth bund which would runs along the north, east & west boundaries
==== PAGE 14 ====
20/01367/B Page 14 of 16
of Area 3 (north of distributor road) have been agreed with the Department, Manx Utilities and the Applicant.
6.20 Since this approval the Manx Utilities have produced up to date flood mapping, which identifies high risk zones from both river and tidal flooding. The dwellings, retail/nursery and parking areas proposed under this application are not identified as being within an area of flood risk. No objections/comments have been received from Manx Utilities.
6.21 While third party comments have been made in relation to flooding of the area, for the reason indicated above it is not considered refusal of this application on the ground of flooding concerns would be warranted. It is correct that areas of Auldyn Walk have flooded, namely to the west of the site where the properties run directly along the Auldyn River. These are now identified on the Flood Maps, albeit when approved these maps where not available.
AFFORDABLE HOUSING PROVISION 6.22 Housing Policy 5 of the Strategic Plan indicates that the Planning Authority 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. Given submission proposed 19 dwellings this equates to 4.75 affordable dwellings. A Section 13 Legal Agreement would need to be entered into by the applicant and the Department to ensure the affordable housing is provided. The applicants have proposed four, 2 bedroomed dwellings provided on the site whilst the balance of the 25% (0.75 units) will be paid by Commuted Sum. This is acceptable to the Public Estates & Housing Division.
OPEN SPACE PROVISION 6.23 The development under consideration does not include any open space provision. On this matter the applicants comment: "The existing dwellings at Auldyn Walk are served by the public open space approved under PA 03/01846/B (the neighbourhood centre element of the scheme did not include public open space) and by open space available in the local area, which includes school playing fields, the Poylldooey Nature Reserve, and subsequently created open space within Auldyn Meadow. New residents will have these areas available to them, along with potential new public open space on land to the west (proposed under PA 20/01080/B). The applicant will discuss with Ramsey Town Commissioners the potential for making a financial contribution and/or providing play equipment in lieu of open space provision."
6.24 Further to these initial comments the Ramsey Commissioners and the applicants have been agreed to provide and construct a new children's play area with the existing housing estate area. It is considered the provision of a play area in lieu of public open space would be acceptable. A Section 13 Legal Agreement has been draft with the relevant parties which essentially outlines that the applicants will submit a separate planning application for the new children play area within a set timescale and for the applicants to carry out the works once approved (again, within a timescale). If the application were for some reason to be refused then the agreement would instead require an agreed commuted sum to be paid to Ramsey Town Commissioners. A plan of the new children's play area and equipment proposed to be installed has been provided and shows in centrally within the Public Open Space in Auldyn Walk Development to the east of the site. This central position of the overall Auldyn Walk development would be a good location with good pedestrian links throughout the estate (including application site) and existing properties within Gardeners Lane.
6.25 For information, it should be noted that there is currently an application for 181 dwellings (PA 20/01080/B) to the west of this site. This includes the provision of a play area, formal open space (playing field) and significant amount of open space, including the provision of new paths, seating areas etc. However this application has not yet been determined and therefore little planning weight can be attached to the proposed provision.
==== PAGE 15 ====
20/01367/B Page 15 of 16
7.0 SECTION 13 LEGAL AGREEMENTS 7.1 The applicants have agreed that 4 affordable units (3 x 2B homes and 1 x 3B home ) will be provided onsite and the a commuted sum payment for the 0.75unit will also be made which equates to £16,125. Further, agreements with Ramsey Commissioner's and the applicants have been agreed to provide and constructed a new children's play area with the existing housing estate area (See section 6.24). There were four locations within the area where the play equipment could be located; however, the central position within the existing Public Open Space within the Auldyn Walk development was considered the more ideal location. Accordingly, the Section 13 Legal Agreement will need to provide the adequate provisions/wording in place; for example a play area needs to be created within a certain timescale, within the surrounding housing development and on land which has been approved/designated as Public Open Space. However, in terms of the "Heads of Terms" the Department is content that the provision of a play area would meet the aims of Recreation Policy 3.
8.0 CONCLUSION 8.1 Overall, it is considered the proposal would not have any significant adverse impacts upon public or private amenities and would therefore comply with Strategic Policy 2, Spatial Policy 2, General Policy 2, Housing Policy 4, 5 & 6, Business Policy 9 & 10, Recreation Policy 3, Community Policy 1 & 2, Transport Policy 4, 6, & 7 and Energy Policy 4 & 5 of the IOM Strategic Plan 2016, West Ramsey Development Plan 2004 and the Residential Design Guide 2019. It is recommended that the planning application be approved for the reasons given and subject to the Section 13 Legal Agreement been signed and the conditions listed.
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.
Decision Made : ...Permitted... Committee Meeting Date:...29.03.2021
==== PAGE 16 ====
20/01367/B Page 16 of 16
Signed :...C BALMER... Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Copyright in submitted documents remains with their authors. Request removal