**Document:** Officer Report
**Application:** 16/01083/REM — Reserved Matters application relating to PA 15/01055/A for the erection of two detached dwellings, addressing siting, design, external appearance, internal layout and landscaping.
**Decision:** Permitted
**Decision Date:** 2016-11-29
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/20848-lezayre-plot-maughold-lodge-reserved-matters/documents/1007710

---

# Officer Report

**Application No.:** 16/01083/REM
**Applicant:** Mr David Maddrell
**Proposal:** Reserved Matters application relating to PA 15/01055/A for the erection of two detached dwellings, addressing siting, design, external appearance, internal layout and landscaping.
**Site Address:** Plot Adjacent To Maughold Lodge Claughbane Walk Ramsey Isle Of Man Case Officer : Mr Chris Balmer
**Expected Decision Level:** Planning Committee

## Officer’s Report

## THE APPLICATION IS BEFORE THE PLANNING COMMITTEE GIVEN THE PLANNING HISTORY OF THE SITE

1.0 SITE - 1.1 The application site forms the curtilage of a parcel of undeveloped land, located to the north of Maughold Lodge and Claughbane Walk and east of The Crescent. To the east of the application site are the properties of 29, 30 and 31 Queens Valley. To the north and west of the site is a vacant plot of land.

2.0 PROPOSAL - 2.1 The application seeks approval of the Reserved Matters application relating to PA 15/01055/A for the erection of two detached dwellings, addressing siting, design, external appearance, internal layout and landscaping. - 2.2 Each dwelling would be dormer bungalow in style, albeit with more contemporary design approaches. Each dwelling would have four bedrooms each with an en-suite bathroom, a lounge, kitchen/dinner/sitting room, utility, and integral garage. - 2.3 The principle of two dwellings on the site and the means of access have previously been approved under application 15/01055/A.

3.0 PLANNING POLICY - 3.1 The dwelling has been zoned under the Ramsey Local Plan Order 1998 as being within an area of predominately residential; the site is not within Ramsey Conservation Area. - 3.2 Due to the site location, zoning and the type of proposal, the following policies are relevant for consideration:- - 3.3 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 underused 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(1) and amenity standards; and
- (c) being located so as to utilise existing and planned infrastructure, facilities and services."

3.4 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." - 3.5 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.

3.6 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

- (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9

and 10;

- (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
- (c) the replacement of existing rural dwellings and abandoned dwellings in accordance

with Housing Policies 12, 13 and 14."

3.7 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."

3.8 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." - 4.0 PLANNING HISTORY

4.1 The following planning application is considered relevant in the assessment and determination of this application:

4.2 Approval in principle for erection of two dwellings addressing means of access - 15/01055/AAPPROVED. Condition 6 of this approval states:

"The dwelling must be either single storey and/or a dormer styled property as shown within Illustration 1 of Appendix III of the Architects Design Statement.

REASON: in order for the dwellings to fit comfortably within the site without adversely affect residential amenities of neighbouring properties."

4.3 Variation of condition 1 of approved PA 10/01832/B (erection of dwelling and creation of vehicular access) to extend period of permission - 15/00749/B - APPROVED - 4.4 Erection of a detached dwelling and creation of a vehicular access - 10/01832/B - APPROVED at APPEAL - 4.5 Creation of temporary vehicular entrance - 10/01550/B - APPROVED - 4.6 Erection of a detached dwelling and creation of a vehicular access - 09/01533/B - REFUSED at APPEAL on the following grounds:"1. Because of its siting, the proposed driveway would dominate the outlook from adjoining dwellings, and there would be perceived overlooking of these dwellings from the drive. The effect of the access on the local amenity of adjacent dwellings would thus be unacceptable.

2. The Mass of the proposed 3-storey dwelling, and its siting on an artificially created platform, would have an adverse visual impact on the residents of neighbouring dwellings."

4.7 Erection of a dwelling and creation of a vehicular access - 08/00693/B - REFUSED at APPEAL on the following grounds:"1. The proposal as a whole, including the earthworks likely to be necessary, would detract from the residential amenities of the area.

2. The proposed access arrangements could cause road-safety hazards. The Minister did state that this decision is without prejudice to a further application which:-

- (a) includes full details of the levels and extent of all earthworks and retaining structures;
- (b) demonstrates where and how the required visibility splays would be provided; and
- (c) addresses the concerns expressed in paragraph 24 of the report (regarding creation of the driveway and impact on neighbouring amenities)."

4.8 Approval in principle for the erection of a single dwelling - 06/02255/A - APPROVED at APPEAL. - 4.9 Approval in principle for the erection of two detached dwellings and associated parking 06/00314/A - Refused on the following grounds:The proposal, by reason of its siting and design: "1 (a) would result in the introduction of unsympathetic and incongruous features within the locality when view from Claughbane Walk in that would be out of keeping with the general established character of the area contrary to Policy R/R/P3 of Planning Circular 2/99;

- (b) would result in the creation of a poor relationship between the proposed dwellings which would result in overlooking and overshadowing and thereby result in the creation of a poor residential environment for the future occupiers of the dwellings to the detriment of their living conditions; and
- (c) the proposed dwelling nearer to Maughold Lodge would be so close, and at such a level that it would not provide an acceptable level of amenity for the occupants, in that it would be overlooked and overshadowed thereby.

2. The proposed development would generate more traffic compared to a single dwelling house and would intensify the use of the existing access onto the public highway. The visibility from the

proposed access driveway onto the public highway is inadequate to serve the increased traffic movements from the site and therefore would be prejudicial to highway safety. Furthermore, the width of Claughbane Walk would not permit safe access/egress by vehicles, and is inadequate to serve the needs of this development resulting in increased congestion and nuisance to the detriment of the free flow of traffic and road safety."

## - 5.0 REPRESENTATIONS

5.1 Ramsey Commissioners have not objected to the application (received on 05.10.2016). - 5.2 Highway Services comment (received on 13.10.2016):

"The proposal is to construct 2 new dwellings with a new access onto Claughbane Walk. The access will be adjacent to an existing residential access and will provide adequate visibility splays. The access is marginally steeper than would normally be accepted, however the difference is very minor and refuse vehicles will not be required to access the drive to collect waste.

Highway Services does not oppose this application subject to the following condition:

Prior to any construction the access shown on John Gray drawing no 8483-04 Rev a dated 05.09.16 and Penketh Millar drawing no 16 1175 2 dated June 16 shall be constructed and the visibility splays shall remain unobstructed at a height of 1.05m thereafter.

Reason: In the interest of highway safety"

5.3 Arboricultural Officer - Forestry, Amenity and Lands Directorate - DEFA make the following comments (30.09.2016): "The BS5837:2012 Tree Survey and Report prepared by Manx Roots identifies that only two category B (good quality) trees are being removed to facilitate the development. I am not concerned about the visual impact of removing these trees. The report describes how the trees to be retained will be protected during construction. As long as the protection measures are implemented as described I am confident that the trees to be retained will not suffer significantly due to this development.

To ensure that protection measures are implemented as described I recommend the following condition be applied to an approval:

The protection measures and construction methods detailed in the Tree Survey and Report prepared by Manx Roots Tree Management submitted in support of the application shall be adhered to in full, subject to the pre-arranged supervision detailed in Section 10 and appendix 5, by a suitably qualified and pre-appointed tree specialist. No retained tree shall be cut down, uprooted, or wilfully destroyed during the development phase and thereafter within 5 years from the completion date, other than in accordance with the approved plans and particulars or as may be permitted by prior approval in writing from the Department. This condition may only be fully discharged on completion of the development subject to satisfactory written evidence of contemporaneous supervision and monitoring of the tree protection throughout construction by a suitably qualified and pre-appointed tree specialist."

## - 6.0 ASSESSMENT

6.1 Given the land-use designation and the type of development the following elements are relevant to consider in the determination of this application; (a) the potential impact upon the visual amenities of the street scene; (b) potential impact upon neighbouring amenities; (c) parking provisions; (d) potential amenities for future occupants. THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE STREET SCENE - 6.2 From Claughbane Walk and Crescent East it is considered the proposals would not be particularly apparent, given the boundary treatment along Claughbane Walk and Crescent East, and

the ground level differences between the road and the ground level of the proposed dwellings. Additionally, the design and finish of the dwellings would be appropriate in this location given there is a variety of traditional and more modern styles of properties in the locality.

## POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES

6.3 Arguably this is the most contentious issue with the proposal and the reason why previous schemes on this site have been refused (please see planning history section of this report). The properties within Queens Valley, particularly 28, 29, 30 & 31 would be located to the east of the proposed dwelling, the closest of these dwellings would be 30 Queens Valley which is sited approximately 21.5 metres from the closest part of the proposed dwelling on Plot 2 (i.e. south east corner). The gable elevation will faces towards the boundary of this neighbouring property, albeit, it would not directly face the rear elevation of Nr 30 as the dwelling proposed on Plot 2 is sited further to the north of Nr 30. There are also no gable windows proposed within Plot 2. The boundary treatment between Plot 2 and Nr 30 also comprises of continuous mature hedgerows, which vary in height - approximately between 2m and 5 metres in height. These are all to be retained and the applicant has advised they are willing to plant additional landscaping along this boundary if required. - 6.4 Overall, whilst there will be an impact upon the amenities of neighbouring properties, especially Nr 30 Queens Valley, it is considered that given the siting, design and height of the new dwellings, the distance they would be from neighbouring properties, the existing landscaping along the entire eastern boundary of the site, the impacts would not be so significant to warrant a refusal. Accordingly, the proposal complies with General Policy 2 in this respect. - 6.5 A concern has been previously raised relating to the positon of the proposed driveway as it was considered it would dominate the outlook from adjoining dwellings, and there would be perceived overlooking of these dwellings from the drive. This new scheme is similar to the driveway proposed under application 10/01832/B, which both differ from the refused driveway proposal under previous applications. The main reasons why it is considered to overcome previous concerns is due to the new position of the driveway being further away from the eastern boundary of the site and also from the properties of Nrs 28, 29 & 30 Queens Valley; given the existing and more recently planted hedgerow along the eastern boundary, which have matured in recent years, and the design of the driveway relying on less built development in terms of gabion baskets/retaining walls and more in the re-profiling of the ground which results in the omission of retaining walls etc and therefore having a more natural and softened appearance. PARKING PROVISIONS - 6.6 The means of access was approved as part of the approval in principle application. Therefore this aspect does not need to be considered now. - 6.7 The Isle of Man Strategic Plan two off road parking spaces are required for each dwelling. Each dwelling would be provided with at least three parking spaces each and tuning facilities. Accordingly, it is considered the proposal would be acceptable and comply with General Policy 2 and Transport Policy 4 & 7. POTENTIAL AMENITIES FOR FUTURE OCCUPANTS - 6.8 The plans demonstrate that both dwellings would have adequate space around the dwellings and have clear and pleasant outlooks from the principal rooms. Internally, the level of accommodation is considered acceptable.

## - 7.0 RECOMMENDATION

7.1 Overall, it is considered, due to the reasons given within the assessment section of this report, that the proposals would comply with the relevant policies as stated within the Isle of Man Planning Scheme (Ramsey Local Plan) Order 1998 and the Isle of Man Strategic Plan 2016. Accordingly, the application is recommended for approval.

## - 8.0 PARTY STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
- (d) The Highways Services of the Department of Infrastructure; and
- (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 16.11.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

- C 1. This development must commence before two years from the date of this approval notice. Reason: To accord with the terms of the approval in principle.
- C 2. No development shall take place until full details of soft 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 planting to the eastern boundary of the site. 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 hereby approved dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Reason: To ensure the provision of an appropriate landscape setting to the development.
- C 3. The protection measures and construction methods detailed in the Tree Survey and Report prepared by Manx Roots Tree Management submitted in support of the application shall be adhered to in full, subject to the pre-arranged supervision detailed in Section 10 and appendix 5, by a suitably qualified and pre-appointed tree specialist. No retained tree shall be cut down, uprooted, or wilfully destroyed during the development phase and thereafter within 5 years from the completion date, other than in accordance with the approved plans and particulars or as may be permitted by prior

approval in writing from the Department. This condition may only be fully discharged on completion of the development subject to satisfactory written evidence of contemporaneous supervision and monitoring of the tree protection throughout construction by a suitably qualified and pre-appointed tree specialist.

Reason: To safeguard the areas to be landscaped and the existing trees and planting to be retained within the site.

This approval relates to drawings reference numbers 1, 2 REV A, 3, 4, 0902A 01, 1606H 01, 848301, 8483-02, 8483-04 and Tree Survey Report dated 15th September 2016 received on 20th September 2016 and 21st November 2016.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Permitted Committee Meeting Date: 28.11.2016

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.

---

*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/20848-lezayre-plot-maughold-lodge-reserved-matters/documents/1007710*