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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00686/A Applicant : Mr & Mrs Aneurin Pritchard Proposal : Approval in principle for the erection of a dwelling addressing means of access and parking Site Address : Land Adjacent To 40 Greenlands Avenue Ramsey Isle Of Man IM8 2PL
Planning Officer: Mr Paul Visigah Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 24.10.2022 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. It is considered that the proposal is an infill development which would have a negative impact on the wider street scene as it would introduce a terrace where none exists and alter the established built plot density in a manner that would result in over intensification of development on the site. The proposal would also result in the fragmentation and removal of part of the existing garden space via the introduction of the new dwelling, and result in the loss of an important gap between dwellings, undermine the spaciousness of the area and thus be seriously detrimental to the character of the locality. Therefore the application is considered to fail General Policy 2 and Environment Policy 42 of the Strategic Plan.
R 2. The proposed development would be contrary to General Policy 2 and Housing Policy 6 of the Isle of Man Strategic Plan, and the Residential Design Guide, in that it would result in unacceptable impacts upon the residential amenity of the occupants of the existing dwelling at 40 Greenlands Avenue due to overshadowing and overbearing impacts, as well as significant loss of amenity space provisions to the detriment of current residents. __
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:
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DOI Flood Risk Management Division
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
The owners/occupiers of Caardee, Dreemskerry Hill, Maughold, (for 44 Greenlands Avenue, Ramsey), as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __
Officer’s Report
1.0 THE SITE 1.1 The application site is part of the residential curtilage of a dwelling at 40 Greenlands Avenue, Ramsey which is semi-detached dormer bungalow situated on the eastern side of Greenlands Aveneue. This site, currently exists as a turfed area southeast of the main dwelling and houses the garage for the dwelling which is positioned at the boundary with 42 Greenlands Avenue to the south. There is a thick line of mature landscaping comprising trees and hedging on the frontage of the site which abuts the highway only opening up at the access to the garage.
1.2 The locality is characterised by detached and semi-detached bungalows and dormer bungalow with a wide variety of garages which are normally set back behind the main dwelling. There are currently no terraces along the entire stretch of Greenlands Avenue. The properties here are also laid out such that the average dwelling have a plot size of 250sqm, with the current property having a plot area measuring about 395sqm.
2.0 THE PROPOSAL 2.1 The application seeks Approval in principle for the erection of a dwelling addressing means of access. The submitted Site Layout drawing shows that a passage way about 900mm wide would separate the ground floor of new dwelling from the existing dwelling, although they would be joined at first floor. This plan also shows an indicative outline of the building which covers a footprint of about 40sqm, with provision for two parking spaces at the position of the existing garage and hardstanding in front of the garage. There is a pedestrian walkway to the entrance door measuring about 1m wide and 7.7m long. It is also indicated that a large tree on site would be removed. The proposed scheme would reduce the curtilage of the existing dwelling at 40 Greenlands Avenue to about 179sqm, with the new dwelling measuring about 216sqm.
2.2 The applicants have indicated on the plans that the proposed dwelling design and siting is indicative only and is to demonstrate that a suitably designed dwelling could be accommodated on the site. They have also stated that the final design and layout would be subject to a "Reserved Matters" application should the "approval in principle" application prove successful. They note that the indicative footprint is the same size as No 40 Greenlands Avenue.
2.3 Given the issues noted regarding the indicative design in 2.2 above, and the fact that the application form has clearly specified that only the principle and means of access be assessed, all other matters would not be assessed within the current scheme.
3.0 PLANNING POLICY 3.1 The site lies within an area zoned as "predominately residential" on the Ramsey Local Plan 1998, Map 2. The site is not within a Conservation Area or Area of High Landscape or Scenic Significance, although the entire site area is within a high flood risk zone.
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3.2 The following policies of the IOM Strategic Plan are considered relevant to the consideration of the application:
3.3 Strategic Policy 1: 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 reusing scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services.
3.4 Strategic Policy 2 - focuses new development in existing settlements unless complies with GP3;
3.5 Strategic Policy 5 (In part): New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island.
3.6 Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel;
3.7 Housing Policy 4 - new housing will be located primarily within the existing towns and villages;
3.8 Housing Policy 6: 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.
3.9 General Policy 2 details 'development control' considerations for planning applications.
3.10 Environment Policy 42 - new development should be designed to take into account the character and identity of the area.
3.11 Transport Policy 1: New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes.
3.12 Transport Policy 4: 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.
3.13 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. Appendix 7 stipulates 2 parking spaces for each residential development.
3.14 Community Policies 7, 10 and 11 provide guidance in respect of minimising criminal activity and reducing spread of fire, while Infrastructure Policy 5 deals with methods for water conservation.
3.15 The Draft Area Plan for the North and West also has the following parts which are relevant to consider: 3.15.1 Paragraph 5.3.4: The Settlements of Ramsey and Peel "Across Ramsey and Peel - Wider settlement needs within the two Service Centres of the North and West need to address the following issues: 2. How to maintain settlement character;
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8. Retaining and ensuring that adequate open space opportunities for sport, recreation and leisure are provided as part of new development; 9. How to deal with flood risk and coastal erosion issues - whether coastal, fluvial, tidal, or surface water flood risk;"
3.15.2 Paragraph 5.4.4 Sense of Place and Good Quality Design "There is a need to identify and protect those special characteristics and features that contribute to a strong and positive sense of place, and to promote sustainable proposals in accordance with strategic planning policies. Understanding the context and identity of each settlement can inform proposals for change in a manner that capitalises upon opportunities, whilst protecting settlement character and distinctiveness. By adhering to place-making principles, future development proposals will be 'in keeping' and of good quality and design."
3.15.3 Paragraph 8.2.4 (In part): "...Good outdoor environments promote active lifestyles, and green infrastructure within the urban environment can create more attractive outdoor spaces for residents and workers to travel through and spend time in. In short, it's good for investment and businesses who are increasingly looking for good spaces, facilities and environments for their staff."
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Section 7.0 which deal with impact on neighbouring properties is considered relevant to the current scheme.
5.0 PLANNING HISTORY 5.1 The application site has been the subject of a previous planning application which is not considered to be specifically material in the assessment of the current application.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
6.1 Representation from the Department of Infrastructure (DOI) Highways Division who initially requested additional information/revisions (1 July 2022) have stated that their concerns have been addressed by the revised plans (13 July 2022).
6.2 Representation from DOI Flood Risk Management Division confirm that they do not oppose the application (1 July 2022). They have, however, made the following comments regarding the application: "According to the flood maps there appears to be an accumulation of surface eater in the area of the property and we would recommend that the floor are raised to 300 mm freeboard to avoid water ingress."
6.3 DEFA's Assistant Tree Officer has stated that due to the low quality of trees on site, the visual and arboricultural impact of the potential tree losses will not be significant, and as such they do not object to this application. The Officer has, however, stated that this application is likely to create pressure to remove the existing trees on the site and does not provide adequate space to re-plant, a situation that would likely result in the long-term loss of trees on this site (1 July 2022).
6.4 Ramsey Town Commissioners have considered the application and state that the proposed dwelling does not respect the site and the surroundings in terms of the siting, layout, scale form, design and landscaping of buildings and spaces around them as set down in General Policy 2(b) and 2(c) of the Isle of Man Strategic Plan 2016. In additional it would
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adversely affect the amenity of local residents or the character of the locality. They object to the application (26 July 2022).
6.5 The owners/occupiers of Caardee, Dreemskerry Hill, Maughold, who own the neighbouring property at 44 Greenlands Avenue, Ramsey, object to the application on the following grounds (28 June 2022): o The proposed new structure will change the current semi-detached buildings into terraced housing and there appear to be no other terraces on the estate. o If approved, the development would radically increase the density of the housing and change the nature of the area. o The proposed additional dwelling is very close to the rear of the existing properties, numbered 42 and 44, Greenlands Avenue, and would cause an unwelcome loss of light, privacy and amenity to their occupants. o The proposed new dwelling would increase the amount of traffic accessing the parking area. The road bends sharply at this point and is already narrow with poor sightlines. The risk of accidents in the vicinity would be increased. o The proposal to remove the existing hedge bordering the application site would lead to a decrease in the visual quality of the area and is incompatible with the nature of the street. o Increased water run-off will be generated by the development.
7.0 ASSESSMENT 7.1 As has been indicated on the application form and stipulated in paragraph 2.1 of this report, only the principle of erecting the dwelling on site and the means of access would be assessed. No other matters would be considered in the assessment of this application. It would, however, be vital to assess impacts on neighbours given that the area is a built up part of an existing settlement.
7.2 PRINCIPLE OF DEVELOPMENT (SP 1, GP 2 & EP 42) 7.2.1 As outlined within the planning policy section of this report, the site is situated in an urban location and within an area designated as predominantly residential use, and within a settlement boundary. As such, there is a presumption in favour of developing the site.
7.2.2 Conversely, the application site currently exists as a garden for the main dwelling on the site with its size not considered to be larger than the average sizes found within the locality. It is also vital to note that the locality is characterised by detached and semi-detached dwellings, with the properties in close proximity to the dwelling all single storey semi-detached dwelling and semi-detached dormer bungalows. As well, there are no terraces along the entire stretch of Greenfields Avenue. As such, the principle of creating a terrace style dwelling would not be acceptable here.
7.2.3 Likewise, the principle of underused land as referenced in Strategic Policy 1 cannot be applied in this case as the garden currently serves the existing property and is not of size that is beyond the requirement of a single family, and is of a size reminiscent of the residential character of the area where the dwellings have fairly moderate sized gardens.
7.2.4 Additionally, the proposed development density would be averse to the dominant plot density in the area. From reviewing the proposed density of development, it is considered that the scheme would intensify the development within an individual plot beyond that which is common to the area as additional developments in the area come in the form of detached garages and other ancillary structures such as sheds and not new dwellings within plots. These elements of the proposal would fail the requirements of General Policy 2 (b) which stipulates that new developments respects the site and surroundings.
7.2.5 Based on the foregoing, it is considered that the creation of another dwelling on the site as has been shown on the block plan (although indicative) would be averse to the principle advocated by General Policy 2 (c) and Environment Policy 42 which require that developments
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should respect the character and identity of the area. In fact, what is proposed here would result in the formation of a terrace in an area where none exists. The principle is, therefore, considered to be unacceptable.
7.3 MEANS OF ACCESS (TP's 1, 4 & 7, SP 10, & GP2) 7.3.1 In reviewing the means of access, it is considered that the proposed position would afford the required visibilities which would ensure access to the site and onto the existing highway. This access is also located such that it would facilitate integrated journeys, minimise car use and facilitate other modes of travel; a condition that aligns with Strategic policy 10. It is also important to note that that scheme would make provision for two onsite parking provisions using the proposed access which would be within the required limits for residential development as stipulated in Appendix 7 (Transport Policy 7).
7.3.2 It is also vital to note that the representation received from DOI Highway Services, considers that that there are no issues with regards to the proposed access provision for the new dwelling. As such, it is considered that the access and highway safety elements of the scheme are acceptable.
7.4 THE IMPACT ON NEIGHBOURING AMENITIES (GP 2) 7.4.1 In evaluating potential impacts on neighbours, it is considered that the proposed dwelling will be adjacent to the existing dwelling at 40 Greenlands Avenue, with potential to impact on the existing property in terms of overbearing impacts and loss of light, minding 40 Greenlands Avenue has a ground floor and first floor window on the elevation directly abutting the new dwelling. Whilst no plans and elevation drawings have been submitted, this proximity is considered to be unacceptable given the design of the existing dwelling on site.
7.4.2 Likewise, the proposed development would result in the reduction of the garden area available to 40 Greenlands Avenue by about 74%, leaving only about 72sqm of garden space which accounts to about 26%. This would be a significant reduction in garden space available to the occupants of the existing dwelling. Additionally, the details on the indicative layout shows that there would be a ground floor passage way under the new dwelling which suggest that the new dwelling would not be single storey. As such, there is concern that rear first floor window(s) may further impede the usability of the reduced garden space via overlooking from the first floor, as there would definitely be overlooking views over the proposed fence on the boundary from the first floor level. Whilst it is currently difficult to clearly ascertain the severity of such impact as the position of first floor windows are currently not determined, the reduced garden area and well as the potential for reduced usability of the remaining garden would impinge on the amenity of the occupants of the existing dwelling at 40 Greenlands Avenue, and as such weighs against the proposal.
7.4.3 As there are no details in terms of the design of the dwelling, a full assessment cannot be made at this stage and such these matters would be better assessed via a full application. However, as the impacts on neighbouring amenity are still significant at this stage (in view of available information), particularly for the existing dwelling at 40 Greenlands Avenue, it is not considered that the impacts on neighbouring amenity are acceptable at this stage.
7.4.4 Likewise, the rear elevation of the proposed dwelling would be less than 6m from the rear gardens of Nos. 42 and 44 Greenlands Avenue, a distance that could create privacy concerns and overbearing impacts. These impacts would, however, be better assessed with the submission of full details of design, form and appearance of the new dwelling, including position of new fenestrations. Albeit, this concern cannot be discounted as being minimal at this stage.
8.0 CONCLUSION 8.1 Based on the information provided as part of this application, it is judged that the principle of a single dwelling within the garden of 40 Greenlands Avenue would be
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unacceptable and fail to comply with the relevant planning policies of the Isle of Man Strategic Plan 2016, and the principles advocated by the Residential Design Guide 2021.
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
9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Refused Date: 26.10.2022
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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