**Document:** Officer Planning Report Recommendation
**Application:** 10/01320/B — Demolition of existing dwelling and erection of 4 dwellings
**Decision:** Permitted
**Decision Date:** 2010-12-06
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/37051-lezayre-palm-winds-the-demolition-dwelling/documents/1360506

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# Officer Planning Report Recommendation

**Application No.:** 10/01320/B
**Applicant:** Hartford Homes Ltd
**Proposal:** Demolition of existing dwelling and erection of 4 dwellings
**Site Address:** Palm Winds The Vollan Ramsey Isle Of Man IM8 3UJ ### Considerations Case Officer : Mr Chris Balmer
**Expected Decision Level:** Senior Planning Officer ### Written Representations ### Consultations Consultee : Manx Electricity Authority Notes: Comments received Consultee : Highways Division Notes: Do not oppose Consultee : Clerk To The Commissioners And RTC Drainage Notes: no objection but made observation

### Officer's Report

SITE The application site represents the residential curtilage of the Palm Winds, The Vollan, Ramsey, which is located on the southern side of Vollan Crescent and east of Royal Park.

The current building is a large modern (1970's) dormer bungalow which is located at the eastern part of the application site. The access to the bungalow is via an existing entrance which access onto Royal Park.

PROPOSAL The application seeks approval for the demolition of existing dwelling and erection of 4 dwellings. Plots 1 to 3 would be positioned along the southern boundary of the site, each sharing a new private drive which runs along the northern part of the site. Plot 4 which is situated on a similar footprint as the existing dormer bungalow at the end of the private driveway.

Plots 1 to 3 are of a very similar two storey contemporary design, which includes large expanses of glazing with render, stonework and cedar cladding. The dwellings would have a maximum width of 15.5 metres, a depth of 17.5 metres and maximum a ridge height of 8.4 metres.

Plot 4, would be the largest of the house within the housing development. Again the design take a more contemporary two storey design, finished with large expanses of glazing with render, stonework and cedar cladding. The dwelling would have a maximum width of 23 metres, a maximum depth of 35 metres and maximum a ridge height of 8.4 metres.

## Land Use Zoning / Planning Policy

The application site is within an area recognised as being predominately residential use, under the Ramsey Local Plan. The site is not within a Conservation Area.

- The Isle of Man Strategic Plan (20th June 2007)
- The Ramsey Local Plan - Planning Circular 2/99

As the site is located within an area of Residential / Office use, the following policies are considered relevant:-

### 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 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."

Policy 2: "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."

### 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;
- (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; (1) 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."

## Housing

Policy 1: "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."

Policy 4: "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." 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."

### Planning History

The following previous planning applications are considered relevant in the assessment and determination of this application:-

Demolition of existing property and construction of five dwellings and associated entrance and drainage - 04/02350/B - REFUSED at appeal

### Representations

Ramsey Commissioners no objection but made observation:-
"The development as proposed should not create any adverse effect on existing properties on Vollan Crescent in terms of water run-off the site."

The Department of Transport Highways Division have no objection subject to the imposition of the following condition:- "No vegetation to be placed on the grass verge within this visibility splays as the minimum of 600 mm will not be maintained."

The Manx Electricity Authority make no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.

The Water and Sewerage Authority make no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.

### Assessment

The starting point is to consider whether the principle of development would be acceptable for residential development. As indicated previously the site falls within an area zoned as predominately residential, furthermore there is an existing residential property on the site. For these reasons it is considered the principle of residential development is acceptable, the increase in the number of dwellings on site will be considered later in this report.

It is perhaps important to consider the reasons for refusal of the last application (04/02350/B). These related to:-

1. "The proximity of the proposed dwellings on plots 4 and 5 to the edge of the cliff would result in:-
a) Unacceptable visual prominence of the building because of their height and position in the local context.
b) Potential impairment of the living conditions of the residents of 3 to 6 Vollan Crescent because of overlooking; and
c) Potential disturbance to the land stability of the cliff and gulley because of engineering operations taking place closer to 1-6 Vollan Crescent than the foundations of the existing bungalow.
2. The proposed drainage layout is such that it would result in an increase risk of polluted flooding to 1-6 Vollan Crescent."

In terms of the first reason for refusal, the proposal under consideration now has reduced the number of dwellings on the site by 1 , giving a total of 4 . The area of concern related to plots , which were located on a similar footprint of the existing dwelling "Palm Winds", however would have been closer to the eastern boundary of the site, with an increase amount of development to the cliff edge.

The existing dwelling from limited places is partially visible from Vollan Crescent, albeit these views are no substantial. However, the previous scheme of two storey dwelling, much closer to the eastern boundary, on this elevated site above Vollan Crescent and the Promenade would have a substantial impact upon the visual amenities of the area and a reason for refusal.

The submitted scheme has overcome this concern by reducing the number of dwellings on the footprint of the existing dwelling to a single dwelling and setting the proposed new two storey dwelling 15.5 m (closest point) back from the south-eastern boundary, compared to the closest aspect of the existing dwelling which is 10.5 m to the south-eastern boundary.

The next reason for refusal related to overlooking from plots  over the residents of 3 to 6 Vollan Crescent. This was due to the closeness of the proposed dwelling to the cliff edge, which would have direct views down upon Vollan Crescent.

Again this application has overcome these concerns by reducing the number of dwellings and setting the dwelling back from the cliff edge. Due to these changes the closest window/terrace would be from Nr 6 Vollan Crescent (closest property) would be 51 metres. Furthermore, due to the setback of the property and given the ground levels between the application site and Vollan Crescent, it is consider no overlooking would occur.

The next reason for refusal related to the potential disturbance to the land stability of the cliff and gulley because of engineering operations taking place closer to 1-6 Vollan Crescent than the foundations of the existing bungalow.

The proposal has overcome this by having almost the entire footprint of the new dwelling, setback further away from the cliff edge and that of the existing property, with all existing boundary landscaping to be retained. It is important to also note that any approved scheme would need Building Regulations Consent which will deal with foundations and stability of the slope. The previous Appeals Inspector did consider this, but still had concern that planning control has to look "at the wider implications of potential land slips and operate a precautionary principle where there is clear evidence of local instability".

However, given the proposal would be significantly setback away from the cliff slope compared to the existing dwelling, and as there would only be a single dwelling compared to two dwellings in the last application, the proposal would be acceptable.

The applicant have also indicated that in the past to counter the erosion by surface water runoff a relief drain was installed in the gully down to a catch pit in the lane behind the properties, from where the water runoff is channelled into the combined sewer in Vollan Crescent.

The applicants also indicate that surface water runoff from the hard surfaces of both the Royal Park and Palm Winds sites will be fed into a new large dedicated surface water sewer that runs down The Vollan Hill and discharges via a flap value to the sea. This sewer has relieved the flow of surface water to the combined sewer, which at times of heavy rainfall occurring with very high tides is the main cause of overflowing, and thus any reduction in surface water runoff lessens the risk of overflowing onto Vollan Crescent.

The Water and Sewerage Authority have considered the application and have no objection to the proposal.

For these reasons it is considered the scheme overcome the previous concerns of surface water runoff.

The final reason for refusal related to concerns that the proposed drainage layout would result in an increase risk of polluted flooding to 1-6 Vollan Crescent. The applicants indicated that in the four years since the refusal of the previous application, works on the adjacent sites which benefited from planning approval, have included a new storm water drain to serve the site and drains directly into the sea. Furthermore, the applicants indicate they understand that the flooding experienced by 1-6 Vollan Crescent occurs during periods of extreme high rainfall when the combined sewer serving these properties sometimes has difficulties with the extra storm water. As any additional new development will not impact on the combined drain serving 1-6 Vollan Crescent by not adding storm water to this system, it is proposed that the only discharge into the combined system will be the foul water from the four new dwellings.

The applicant has included an email in their submission, from the Water and Sewerage Authority (Drainage Division previously) who indicate that the connection of four dwellings in to the Ramsey foul sewerage system is acceptable subject to all adoptable drainage works meeting with the requirements of the Authority. Further to this as indicated previously the Water and Sewerage Authority and no objection to the application under consideration now.

Therefore it is consider the issue of the proposed drainage layout would resulting in an increase risk of polluted flooding to 1-6 Vollan Crescent has been overcome.

Overall, for the reasons indicated above it is considered the proposed scheme has overcome all the previous refusal reasons indicated within application 04/02350/B.

Consideration does still need to be given for the design of properties in terms of the impact upon the visual amenities of the area, highway issues and potential impacts upon future occupant's amenities.

In terms of the design, all the dwellings are two storey and all are of a contemporary design. This design is not replicated anywhere else in the locality; however, that is not to say such a design is unacceptable.

The area has a mixture of property designs, Nr 1-6 Vollan Crescent are traditional terraced properties, the existing dwelling on the application site is a modern dormer, the newly constructed dwellings on Royal Park are modern two storey properties and Vollan Farm is a traditional Manx Farmhouse.

The proposed dwellings share similarities to the modern dwellings on Royal Park, in terms of massing and proportion. The only exception would be the large expanse of glazing which certain makes the dwelling appearance more contemporary in design compared to any other dwellings in the locality.

It is considered the design, proportion and form would add to quality of design of properties in the area and therefore acceptable in this locality.

In terms of future amenities for the occupants of the new dwelling, the main potential impact would be through overlooking. Each property does have ground and first floors gable windows which overlooking neighbouring gardens. The views from the ground floor windows are overcome by the erection of 1.8 metre high timber fencing along the boundaries of the properties. First floor views cannot be overcome by fencing, but the applicants have considered this and all the rooms in question are bathrooms, dressing rooms or en-suites. Therefore a condition for obscure glazing to be installed and retained should be added to ensure no substantial overlooking would occur.

All other potential impacts either through loss of light and/or overbearing impact upon the outlook of the residential amenities are considered to be insignificant and therefore the proposed development from these aspects would be acceptable.

Furthermore, each dwelling would have a reasonable plot enabling at least two off road parking spaces, turning facilities and reasonable sized front, side and rear gardens, appropriate for the size of dwelling.

In terms of the creation of a new access onto Royal Park, the existing entrance is to be blocked up and a new entrance to be created towards the north-western corner of the application site. This does bring the access for the four houses closer to the junction with Vollan Crescent. However, the Highway Division have considered the scheme, which provides the required  visibility splay in a northerly direction and a  visibility splay in a southerly direction, to be acceptable subject to a condition requiring planting to be no more than 0.6 metres in height.

## Recommendation

Overall, it is considered the proposals would comply with the relevant planning policies within the Isle of Man Strategic Plan and the Ramsey Local Plan and therefore it is recommended that the application be approved.

### Party Status

It is considered that the following parties meet the criteria of Government Circular 1/06 and should be afforded interested party status:

Ramsey Commissioners Water and Sewerage Authority It is considered that the following parties do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

The Manx Electricity Authority The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 26.11.2010

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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/37051-lezayre-palm-winds-the-demolition-dwelling/documents/1360506*