West Ramsey Planning Officer Report

ways. Any planning application will be required to demonstrate how flood protection will be provided and this will need to be the subject of detailed discussion and agreement with the Department, the Department of Transport's Drainage Division and Ramsey Town Commissioners. ### Paragraph 15.3 states: "Other new development including the new distributor road should also be protected from tidal flooding. Here again any planning application will be required to demonstrate how flood protection will be provided. Similarly, this will need to be the subject of detailed discussion and agreement with the Department, the Department of Transport's Drainage Division and Ramsey Town Commissioners. ### Paragraph 15.4 states: "All flood protection measures will need to take account of the potential impact of surface water run-off and drainage (see section 16 of this document). ### 16.0 Drainage ### Paragraph 16.1 states: "An overall surface water layout plan will be required as part of any planning application for the West Ramsey area in order to minimise the potential number of attenuation ponds, tanks, outfalls to the Sulby River and other measures required. Such details should be discussed and agreed with the Department of Transport's Drainage Division prior to the submission of any planning application." ### 17.0 Phasing ### Paragraph 17.1 states: "For reasons of good land use and satisfactory infrastructure provision it is sensible to control the order in which large areas are developed. Accordingly, it is considered that the development of the West Ramsey area should proceed as follows. 17.1.1 Any planning application to develop within the West Ramsey area must include details of flood protection, foul and surface water drainage, and access. 17.1.2 The development of areas 2, 3 & 4, as shown in the key diagram, must include highway and infrastructure to support the level of development proposed and make provision to ensure that the distributor road links into the development of area 1, as shown on the key diagram, and the remaining land to the west of the Auldyn River, as notated as 5, 6, & 7 on the key diagram. 17.1.3 The development of area 1, as shown in the key diagram, must include highway and infrastructure to support the level of development proposed and make provision to ensure that the distributor road links into the existing extent of Poylldooey Road, a new access into the Lezayre Road and the development of areas 2 & 3, as shown in the key diagram. 17.1.4 No development may commence on the land west of Auldyn River, as notated 5, 6 & 7 on the key diagram before the development of areas 1, 2, 3 & 4 are substantially complete. Furthermore, the development land west of the town boundary within the Parish of Lezayre, as notated 7 on the key diagram, may only commence once the development of areas 5 & 6 is substantially complete." The Isle of Man Strategic Plan 2007 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains a number of policies that are considered specifically material to the assessment of the current planning application: Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services." 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." Strategic Policy 4 states: "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings Conservation Areas buildings and structures within National Heritage Areas and sites of archaeological interest; (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." Strategic Policy 7 states: "Undeveloped land which is zoned in Local or Area Plans for industrial, office, or retail purposes will be retained and protected for such uses, except where those uses would be inappropriate or incompatible with adjoining uses." Strategic Policy 11 states: "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016." ### 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." ### Spatial Policy 5 states: "New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3." ### General Policy 1 states: "The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations." ### 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." ### General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10); (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment; (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14); (e) location-dependent development in connection with the working of minerals or the provision of necessary services; (f) building and engineering operations which are essential for the conduct of agriculture or forestry; (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and (h) buildings or works required for interpretation of the countryside, its wildlife or heritage." ### General Policy 4 states: "Where appropriate the Department will enter into Agreements under section 13 of the 1999 Town and Country Planning Act which may: (a) restrict the use of land; (b) require land to be used in a particular way; (c) restrict the operations which may be carried out in, on, under or over land; (d) require operations or activities to be carried out in, on, under or over land or; (e) require payments to be made to the Department either in a single sum or periodically, in particular as commuted sums for open space or parking provision, or other social or cultural provision, including public art, which is necessary and directly associated with the development proposed." General Policy 9 states: "In major development proposals, there should be included provision for artwork that is accessible to the public." Environment Policy 10 states: "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." Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted." Housing Policy 1 states: "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 6000 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2001 to 2016." Housing Policy 2 states: "The Department will seek to ensure an adequate supply of housing land, based on the level of provision indicated in Housing Policies 1 and 3. The Department will keep under review land that is allocated for residential development in existing Local Plans and in the Area Plans to ensure that the land is available for development, to enable the number of dwellings to be built that are set out in Housing Policy 1. Where it appears to the Department that land that is allocated for development in a Local Plan or an Area Plan is not available for development, then it will consider, through a review of the Area Plan, making alternative land available and retaining the unavailable land in a land-bank for possible future development. In doing so, the Department will have regard to any phasing proposals for the development of land that are identified in the Area Plan." 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." 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." 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." Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan." Business Policy 2 states: "Land for industrial development should be designated in all parts of the Island, having regard to: (a) scale, which should be appropriate to the area; (b) the availability of public transport links; (c) the proximity of labour; and (d) the availability of water, sewerage and other utilities." Business Policy 3 states: "When zoning land for industrial processes, the Department will identify those parts of the land, if any, which are suitable only for light industrial use." Business Policy 6 states: "Where land is zoned in Area Plans for industrial use, the Department will include development briefs which identify any particular local needs." 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." Recreation Policy 4 states: "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." Community Policy 10 states: "Proposals for the layout and development of land will be permitted only where there is provided proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes." 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." Transport Policy 8 states: "The Department will require all applications for major development to be accompanied by a Transport Assessment." ASSESSMENT The planning application seeks approval in principle for the development of residential, industrial and open space uses on the application site. The submitted planning application comprises completed application form, drawing no. 2198/002, supporting statement and flood risk assessment. As set out earlier in this report the land use designation and planning policy for the land contained within the application site is set out by a combination of the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998, the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982, Planning Circular 2/99, the West Ramsey Development Framework, and the Isle of Man Strategic Plan 2007. Having had regard to these documents it can be seen that there are a number of significant issues to consider in the assessment of the development proposed by the planning application, with the majority of these brought together within the provisions of the West Ramsey Development Framework. Whilst this document sets out a number of issues that need to be assessed as part of any planning application for land contained within the West Ramsey Development Framework area it is inevitable that an approval in principle planning application will not automatically address all such issues. For example, the submitted flood risk assessment demonstrates that it is potentially feasible to develop the land whilst taking due respect of the potential flooding issues but it does not set out the specific detail of such measures due to the nature of an approval in principle planning application. Rather, it would be the role of detailed full planning applications to assess site specific issues at that stage should approval in principle be granted. For that reason it is concluded that the role of this current planning application is to a) assess whether development of the land contained within the application site accords with the relevant land use designation and planning policy; and b) determine whether the grant of planning approval in principle would be appropriate at this time and not premature. If planning approval were granted it would necessary for such approval in principle to be subject to conditions that set out the requirements for details contained within any subsequent detailed full planning application. In terms of a) it can be seen that drawing no. 2198/002 includes field no. 134281 within the application site and therefore forming part of the development proposed by the planning application. This field is not designated for development under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998, the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982 or the West Ramsey Development Framework. As such, the planning application seeks planning approval in principle for the development of land that is not designated for such purpose. This is contrary to the presumption against such development of such land set out by planning policy contained with the Isle of Man Strategic Plan 2007 and is reason for refusal of the planning application. In terms of b) the application site represents a significant area of land that is potentially capable of providing development land for substantial residential and possible industrial development. In the interests of ensuring the proper development of this land and good land use planning the phasing of the potential development of the land contained within West Ramsey Development Framework area was specifically set out within the West Ramsey Development Framework (section 17.0). Having regard to this it is concluded that the development of the land contained within the application site would not accord with the phasing set out with the aforementioned document. Firstly, no extant planning approval exists for the development of area 1 and the provision of the distributor road from the existing extent of Poylldooey Road to the remaining areas within the West Ramsey Development Framework area. As such, the land contained within the application site is proposed to be served by one sole access (Gardeners Lane). The reliance on this sole access to serve the application site in addition to the land with extant planning approval under 03/00790/B (areas 2 & 3) and 03/01846/B (area 4) is unacceptable for the level of development that could be reasonably be expected to occur within the application site. Secondly, the development approved on areas 2, 3 & 4 is not substantially complete and no extant planning approval exists for the development for area 1. As such, the granting of planning approval for the development of areas 5, 6 & 7 would be premature. Furthermore, the granting of planning approval for the development of area 7 is dependent on the substantial completion of development within areas 5 & 6 and therefore also premature. Given the need for planning approval and the level of work required to see the substantial construction of development within areas 1, 2, 3 & 4 it is reasonable to conclude that would not occur within the two year period of validity of the approval in principle if it were granted. In that respect this current planning application is premature. Additionally, the planning application seeks approval in principle for the development of area 7, which is land considered to be effectively set aside for potential long term development if the need arises. It is also appropriate to consider, in respect of b), whether the development of the land contained within the application site is needed in terms of available housing land and extant planning approvals within Ramsey. In terms of this the Residential Land Availability Study (Update 2 2009), which is based on extant planning approvals as of the end of June 2008, indicates that 92 residential units are needed within the North to meet the housing targets contained within the Isle of Man Strategic Plan 2007. An extract of the relevant part of the Residential Land Availability Study (Update 2 2009) has been placed on the file for this current planning application. Section 5.0 of the West Ramsey Development Framework suggests that areas 5 & 6 have an estimated yield of 115 – 180 residential units and that area 7 has potential in the long term to form the edge of Ramsey. The West Ramsey Development Framework does not estimate the potential yield for area 7 but given its size it is reasonable to conclude that it has the potential to yield significant (200+) residential units. The potential number of residential units that could be provided by the development of the land contained within the application site would therefore cause a supply of residential units that far exceeded the housing target set out within the Isle of Man Strategic Plan 2007. On that basis, in accordance with the provisions of Housing Policy 1, Housing Policy 2 and Housing Policy 3 of the Isle of Man Strategic Plan 2007 it would be premature and inappropriate to grant planning approval for the residential development of land within the West Ramsey Development Framework area. Furthermore, the land that comprises area 7 (field no.s 134282, 134283, 132284, 134288 & 134289) within the West Ramsey Development Framework, which is seen as an area for future potential development once more appropriate sites have been developed. ### Recommendation It is recommended that the planning application be refused. ### Party Status It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status: - Ramsey Town Commissioners; - Lezayre Parish Commissioners; - The Department of Local Government and the Environment’s Estates and Housing Directorate; - The Department of Agriculture, Fisheries and Forestry’s Inland Fisheries Division; - The Department of Agriculture, Fisheries and Forestry’s Wildlife and Conservation Division; - The Department of Transport Drainage Division; - The Department of Transport Highways Division; - Manx Natural Heritage; - The owner and/or occupant of 47 Lezayre Park; - The owner and/or occupant of Greenlands; - The owner and/or occupant of Scacafel; and - The owners and/or occupants of Underhill. It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status: The Manx Electricity Authority; The Society for the Preservation of the Manx Countryside and Environment; The owner and/or occupant of Seacliffe; The owners and/or occupants of Mill House; The owner and/or occupant of Ballahowin; Carter Jones McDonald (Advocates, Solicitors & Notary); The owners and/or occupants of Shandrum; The owner and/or occupant of Lheaney Ballakerka; and The owner and/or occupant of Ballakillingan. ### Recommendation Recommended Decision: Refused Date of Recommendation: 31.03.2009

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1. The planning application includes land (field 134281) that is not designated for development under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998, the Isle of Man Planning Scheme (Development Plan) Provisional Order 1982 or the West Ramsey Development Framework. As such, the development proposed by the planning application is partially contrary to the land use designation under the aforementioned documents and the presumption against development set out Strategic Policy 2 & 11, Spatial Policy 5, General Policy 1, 2 & 3, and Housing Policy 2 & 4 of the Isle of Man Strategic Plan 2007.

R 2. The development proposed by the planning application is contrary to the phasing requirements set out within section 17.0 of the West Ramsey Development Framework. The granting of planning approval would fail to have proper regard to the phasing of the overall development of this land and therefore be contrary to the relevant planning policy background and the principles of good land use planning. Specifically:

i) No extant planning approval exists for the development of area 1 and the provision of the distributor road from the existing extent of Poyldooey Road to the remaining areas within the West Ramsey Development Framework area. As such, the land contained within the application site is proposed to be served by one sole access (Gardeners Lane). The reliance on this sole access to serve the application site in addition to the land with extant planning approval under 03/00790/B (areas 2 & 3) and 03/01846/B (area 4) is unacceptable; and

ii) The development approved on areas 2, 3 & 4 is not substantially complete and no extant planning approval exists for the development for area 1. As such, the granting of planning approval for the development of areas 5, 6 & 7 would be premature. Furthermore, the granting of planning approval for the development of area 7 is dependent on the substantial completion of development within areas 5 & 6 and therefore also premature.

R 3.

The Residential Land Availability Study (Update 2 2009) indicates that 92 residential units are needed within the North to meet the housing target contained within the Isle of Man Strategic Plan 2007. Given the size and estimated residential yield of the land contained within the application site the grant of planning approval would cause a supply of residential units that far exceeded the housing target set out within the Isle of Man Strategic Plan 2007. As such, the proposed development is contrary to the provisions of Housing Policy 1, Housing Policy 2 and Housing Policy 3 of the Isle of Man Strategic Plan 2007 and premature.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made: DECEMBER Committee Meeting Date: 9/4/09

Signed: A. Holmes Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO SEE MINUTES