DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 21/01326/B Applicant: Dandara Homes Limited Proposal: Erection of 10 dwellings (change of dwelling designs from approved PA 20/01367/B) Site Address: Plots 2 - 6, 14 - 17 & 19 Land Adjoining Auldyn Way, Auldyn Walk And Gardeners Lane Ramsey IM10 1MM Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Approve subject to Legal Agreement Date of Recommendation: 05.01.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

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

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

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

• C 3. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including tree planting) showing, type, size and position of each. 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 dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing

materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of the dwelling hereby permitted.

Reason: To ensure the provision of an appropriate landscape setting to the development. 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, Recreation Policy 3, Transport Policy 4, 6, & 7 and EP 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 drawing all received on 22.11.2021. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT IS FOR OVER 8 HOUSES AND A SECTION 13 LEGAL AGREEMENT (DEED OF VARIATION) IS REQUIRED

1.0 THE APPLICATION SITE - 1.1 The application site comprises Plots 2 - 6, 14 - 17 & 19 which are within 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 erection of 10 dwellings (change of dwelling designs from approved PA 20/01367/B). The proposed development effectively constitutes the revision of the 10 dwellings of the previously approved 19 dwellings on the same plots under previous planning application 20/01367/B. The retail unit (class 1.1), children's nursery (class

• 4.2) and remaining 9 dwellings approved under 20/01367/B are unaffected by this development.

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: 20/01367/B - Development of 19 dwellings (class 3.3), retail unit (class 1.1), children's nursery (class 4.2), and associated drainage and highway services APPROVED on 26.08.2021

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

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

• - Ramsey
• - Peel
• - Port Erin
• - Castletown
• - 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."

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;
• (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 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." - 4.10 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." - 4.11 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." - 4.12 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."

4.13 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." - 4.14 RESIDENTIAL DESIGN GUIDE 2021

- 5.0 REPRESENTATIONS

5.1 Ramsey Town Commissioners have no objection to the application (20.12.2021). - 5.2 Highway Services have no objection (09.12.2021).

- 6.0 ASSESSMENT

6.1 The main considered is whether the proposals would be acceptable upon the visual amenities of the street scene, whether the proposals would impact upon neighbouring amenities and parking provision. Impact upon the visual amenities of the street scene - 6.2 The proposal would result in a very minor alteration which will have no visual impact from public views. Impact upon neighbouring amenities - 6.3 The house type alterations will have no significant impact upon any neighbouring properties namely Nrs 2, 4 & 15 Auldyn Walk which are potentially most affected, albeit the impact is the same as previously approved. Parking Provision - 6.4 It is considered the proposal would comply with TP7 as each dwelling has two parking spaces associate with it. AFFORDABLE HOUSING PROVISION - 6.5 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 10 dwellings, albeit they are only proposing a change of house types, the fact remains this applications is giving a fresh approval for these 10 dwellings. Therefore a Deed of variation of the original Section 13 Legal Agreement needs to be undertaken. What will result is that the previously accepted S13 will be slightly updated and will ensure the previous acceptable affordable housing of 4 dwellings (25% of 19 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 - 6.6 As with the Affordable Housing the original S13 Agreement will need to potentially cross reference this current applications. In terms of an update the members will be aware of a recent application (21/01122/B) which was deferred by the Planning Committee due to concerns of access to the proposed play area. This is still being considered by the applicants; however, this play area relates back to approved application 20/01367/B (19 dwellings, retail and nursery). Accordingly the Deed of Variation will still need to include the open space provision, which essentially outlines that the applicants will submit a separate planning application for the new children play area within a set timescale (has been done) 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.

- 7.0 CONCLUSION

7.1 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

1. It is recommended that the planning application be approved for the reasons given and subject to the Section 13 Legal Agreement (Deed of Variation) been signed and the conditions listed.

- 8.0 SECTION 13 LEGAL AGREEMENT

8.1 As outlined a Deed of variation of the original Section 13 Legal Agreement needs to be undertaken. What will result is that the previously accepted S13 will be slightly updated and will ensure the previous acceptable affordable housing of 4 dwellings (25% of 19 dwellings) provided on the site whilst the balance of the 25% (0.75 units) will be paid by Commuted Sum (£16,125). The Deed of Variation will still need to include the open space provision, which essentially outlines that the applicants will submit a separate planning application for the new children play area (see paragraph 6.6). - 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:…17.01.2022

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

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