**Document:** Applicant Response to Third Party Comments
**Application:** 18/01106/B — Erection of a detached dwelling with associated parking
**Decision:** Refused
**Decision Date:** 2019-02-22
**Parish:** Lezayre
**Document Type:** report / planning_statement
**Source:** https://planningportal.im/a/29894-lezayre-17-royal-park-dwelling/documents/1332105

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# Applicant Response to Third Party Comments

Department of Planning
DEFA
Murray House
Mount Havelock
Douglas
Isle of Man
IM1 2SF

29th November 2018. Dear Sir / Madam Re: PA18/01106/B, Land to the west of 17, Royal Park, Ramsey, Isle of Man - Erection of detached bungalow with associated parking. We are writing to respond to third party comments that have been submitted concerning the above planning application. The comments suggest that the proposed development will have the following impact;

- Impact on residential amenity
- Overbearing nature of the proposed dwelling
- Loss of existing trees
- Impact during construction
- Impact on value of property

In response to these comments, we have produced the following additional information;

- SKETCH A - Development Impact Drawing
- HART 7-06- Proposed Site Sections

The additional information demonstrates the following;

## Separation Distances From Adjoining Properties

The proposed bungalow has no windows to its side elevations and has separation distance of 4.3 m to the gable of No. 17 Royal Park and 7.8 m separation to No12 Rheast Moore.

The proposed bungalow also has a separation distance of 22.3 m to the rear elevation of No. 1 Royal Park.

We believe these dimensions to be within a range of acceptability.

The image below shows that the northern and eastern boundary of the site is marked by timber fencing, and the western boundary is currently an overgrown planted field boundary.

The proposed works would involve the tidying up and retention of the boundary hedge and the installation of a timber fence (if needed) to match the other fences surrounding the site. This would provide a permanent clear boundary that is easy to maintain between the proposed dwelling and No. 12 Rheast Mooar Avenue.
![A photograph showing a grassy plot of land situated between existing residential properties with hedges and fences.](https://images.planningportal.im/2018/10/226528.jpg)

Image of the site taken from Google Street View dates back to about 2012

## Site Sections

The attached Site Sections demonstrate the proposed bungalow will have very little visual impact on No. 1 Royal Park, given the low height of the bungalow and its distance to the rear boundary. The bungalow will also have less impact than the current relationship between No. 17 and No. 1 Royal Park. Very little will change for the outlook of No. 1 Royal Park

With regards to No. 12 Rheast Mooar, the site sections illustrate that when viewed from No. 12's garden, the roof of the proposed bungalow is below the sight line of No. 17 Royal Park. Therefore, the proposed bungalow will have very little additional visual impact on No 12, particularly as the perimeter hedging will be retained

With regards to No. 17 Royal Park, its habitable rooms all face the front or rear of the house, so the bungalow will be out of view.

### Existing Trees

There are a few small trees towards the northern end of the western boundary. No trees are proposed to be removed as part of this planning application, whilst two new trees are proposed to be planted within the front garden of the proposed property.

### Shadow Casting

One consideration when developing the proposed house design, was the shadow that it could cast. Sketch A, attached, shows the shadow cast by the proposed bungalow, which has been plotted using the method contained in 'BSS837:2012, Trees in relation to design, demolition and construction -

### Recommendations';

BS 5837:2012
BRITISH STANDARD
5.2.2 The attributes listed in the Note to 5.2 .1 can significantly affect potential land use or living conditions, including the effect of the tree on daylight and sunlight. Whilst either shade or sunlight might be desirable, depending on the potential use of the area affected, the design should avoid unreasonable obstruction of light.
NOTE 1 An indication of potential direct obstruction of sunlight can be illustrated by plotting a segment, with a radius from the centre of the stem equal to the height of the tree, drawn from due north-west to due east, indicating the shadow pattern through the main part of the day.

Whilst B55837:2012 specifically relates to trees, we believe this method is also valid for buildings.

SKETCH A shows that the shadow cast is very limited due to the low height and the hipped roof detail of the bungalow and is limited to the rear of the bungalow and a small area parallel to the gable of No. 17 Royal Park, where it will have very little impact.

## Construction Duration

If approved, we anticipate the bungalow will take circa 4 months to build. It would make sense that construction is undertaken concurrently with the works on Royal Park Phase 2, which will provide site management, ready access to materials, labour and plant and will allow the shortest construction period possible, thereby limiting any inconvenience to neighbouring property owners.

### Impact On Property Values

The owners of No. 17 have suggested that the proposed development will impact on the value of their property.

We believe a formal use of the land, as proposed, will avoid No. 17 complaining about the maintenance of the land, as this will be taken care of by the future home owner and should then help the saleability of their own property.

Whilst property values isn't a planning consideration, we are aware that No. 17 was purchased with Government assistance, and we are confident that the sale of No. 17 will realise a value far in excess of the subsidised amount which the current owners paid for it.

## Comments From Ramsey Town Commisioners

Ramsey Town Commissioners have raised the following reasons for objection, in their letter dated 23rd November 2018;

- that the proposals do not comply with IOMSP General Policy 2(b)
- it would affect the amenity of local residents
- that Ramsey Local Plan 1998, Policy R/R/P3- Infill/Backland Sites, prevents development

We believe the proposals do comply with the conditions set out in 2(b). The Isle of Man Strategic Plan 2015, General Policy 2(b) states;

### General

Policy 2: 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;

The design of the bungalow, its size, its position on the site and the external space around it, have all been arrived at to address the reason for refusal of the previous planning application, which was for a larger two storey dwelling.

The amenity of residents nearby would not be affected in any demonstrable way as the separation distances are consistent with other sites elsewhere. Notwithstanding that, the property is a pure bungalow which will offer senior living accommodation and its lower profile reduces what would be an acceptable separation, further.

The proceeding information contained in this submission demonstrates the bungalow will have minimal impact on neighbouring property owners and its visual impact on the street scene is also minimal with a high level of landscaping being maintained to the front of the property.

With regards to the developability of the land, whilst the Ramsey Local Plan 1998, states;

## 3.14 Policy R/R/P3: Infill/Backland Sites

Within areas zoned for Predominantly Residential use there will be a general presumption against the development of those sites which provide attractive, natural "breathing" spaces between established residential buildings. These sites will often include trees, mature landscaping, or simply green space. Any possible development of such sites should form the subject of consultation with the Office of Planning prior to the submission of any application.

The site is, in effect, left over land from the development of Royal Park Phase 1. It is free from trees, apart from within the existing field boundary, but nothing that would prevent development. The hedge, that was planted at the front of the site, screens an empty piece of land behind.

The proposed site has a street frontage for good access, it has access to all utilities and its size and shape makes it very suitable as a building plot for a single dwelling, as demonstrated by our proposal.

The first two Planning Polices contained in the Isle of Man Strategic Plan 2015, state;

#### 4.2.1 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  and amenity standards; and
(c) being located so as to utilise existing and planned infrastructure, facilities and services.

#### 4.3.1 Strategic Policy 2: 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.

The proposals comply fully with both Strategic Policy , and particularly as the site is in a very sustainable location.

## Summary

Whilst it is natural for adjacent property owners to wish to protect their privacy, we hope the enclosed information eases their concerns as it is clear the bungalow will have little visual impact and will not affect the amenity which they currently enjoy.

The site is under-used, it has good highway access and it is in a very sustainable location, and a modest sized bungalow will make the best use of this land.

We trust this information is helpful, but if you do have any queries, please do not hesitate to contact the writer.

Yours faithfully,

For and on behalf of Hartford Homes Ltd

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*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/29894-lezayre-17-royal-park-dwelling/documents/1332105*
