**Document:** Officer Planning Report **Application:** 06/00012/A — Approval in principle for the erection of a dwelling **Decision:** Refused **Decision Date:** 2006-04-24 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/80164-lezayre-greenlands-gardeners-lane-dwelling-outline/documents/1464028 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations Mr A Jessopp ### Consultations [Table omitted in markdown export] **Consulttee**: Ramsey Town Commissioners **Notes**: OBJECTION It is considered that this proposal in inappropriate and contrary to the provisions of the Ramsey Local Plan. It appears that this application is fundamentally the same as that submitted in November 1998. The site is not within the built area of Ramsey and, as there is no exceptional circumstance (as required), it is contrary to the Low Density in Parkland Circular 8/89. The area does flood and the Commission are aware of recent flooding in this area, therefore the erection of a dwelling on this site would place undue flood risk upon the buildings and its occupants. 6.15a of the Local Plan calls for enhanced recreation routes along the river corridor and it is considered that this application would prejudice that provision. The area has mature landscaping and any development here may prejudice that and may deflect underground water course to the detriment of the amenities of the area. --- #### Officer’s Report ##### The Application Site And Planning Application The application site is located in Ramsey and comprises of a parcel of land that is situated between a detached dwelling, known as “Greenlands”, and the footbridge crossing of the Sulby River that connects the two sides of Gardeners Lane. The site, which is adjacent to the Sulby River, is accessible via the southern section of Gardeners Lane. The application site measures approximately 0.42 of a hectare (1.04 acres) in area. The planning application seeks approval in principle for the erection a dwelling on the application site. ##### Planning History As far as I can ascertain the application site has only been subject to one previous planning application. I consider this previous planning application to be relevant to the assessment of this current planning application: Planning application 98/1572 sought approval in principle for the residential development of the application site. Although seeking approval in principle the submitted drawings showed an illustrative layout for three dwellings on the application site. The planning application was initially considered and refused on the 23rd April 1999, with the initial refusal decision notice issued on the 11th May 1999. The refusal was confirmed at review on the 27th August 1999, with the review refusal decision notice issued on the 9th September 1999. I have placed copies of the decision notices and an extract of the submitted drawings on the application file. Whilst not directly associated with the application site for this current planning application I would suggest that the following planning application is relevant in terms of assessing this current planning application: Planning application 03/00790/B sought approval for the residential estate development of land east of Gardeners Lane between Greenlands Park and Poylldooey Nature Reserve. This development comprises of the roads, plots, sewers, flood protection measures, drainage, public open space and the layout for 26 semi detached dwellings, 69 terraced dwellings, 42 apartments and 38 self build plots. At the time of writing this report this planning application has been initially approved is awaiting the issuing of on the initial approval decision notice. ### Representations Ramsey Town Commissioners object to the proposed development. The grounds for their objection can be summarised as concern that: - the proposal is contrary to the provisions of the Ramsey Local Plan; - the application is fundamentally the same as a previously refused planning application; - the site is not within the built area of Ramsey; - the proposal is contrary to the provisions of Planning Circular 8/89; - the area is prone to flooding; - the development of the land could prejudice the Ramsey Local Plan’s calls for enhanced recreation routes along the river corridor; and - the development could affect existing mature planting and the underground watercourse. The Department of Local Government and the Environment’s Environmental Protection Officer (Water) make no comment on the merit of the proposed development but recommended that foul soakaways have a minimum of ten metres separation from the adjacent watercourses. The Department of Agriculture, Fisheries and Forestry’s Inland Fisheries Development Manager advises that they have no concerns regarding the proposed development provided an undisturbed buffer strip of a minimum distance of eight metres is retained between any development and the river bank. The Isle of Man Water 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 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 owner and/or occupant of Seacliffe, which is located in Braddan and is a considerable distance from the application site, advise that they have concerns regarding building adjacent to the Sulby River and that the evidence put forward within the application does not change their view. ### Planning Policy The application site is within the area covered by the Ramsey Local Plan. The site is specifically recognised as a private estate that is zoned as area of open space or woodland on map no. 2 (South). I consider that there are no policies within Planning Circular 2/99, the Written Statement that accompanies the local plan, which are specifically relevant to the assessment of this planning application. The application site is also with the area covered by the West Ramsey Development Framework, which was published in March 2004 as supplementary planning guidance in accordance with the Ramsey Local Plan to aid the determination of planning applications relating to the West Ramsey area. This document basically repeats the land use zoning within the Ramsey Local Plan and expands on how development should occur in a proper manner. Under the West Ramsey Development Framework the zoning of the application site repeats the zoning of the Ramsey Local Plan, with the land being recognised as a private estate within an area of open space or woodland. ### Assessment The planning application seeks approval in principle for the erection of a dwelling on the application site. The application comprises of the completed planning application form, a number of site plan type drawings, a planning submission statement and a tide chart. I do not consider the submission to include or to constitute a flood risk assessment. As the application seeks approval in principle I would suggest it follows that the principle assessment of the proposal is against planning policy. As highlighted with the planning policy section of this report the application site is zoned as open space or woodland. As the residential development of the land would be contrary to this zoning I have to recommend refusal on the grounds that the proposal is contrary to the land use zoning contained within the local plan. In addition to the issue of zoning it is clear from my knowledge, gained from others and during the preparation of the West Ramsey Development Framework, that the application site is genuinely at risk from flooding. It would be inappropriate to grant approval in such circumstances. Flood protection is not proposed within this planning application and I believe that the size and location of the site are such that providing protection would not be feasible. Therefore I also recommend refusal on the basis of flooding. Whilst I suspect that the applicant may cite the recent approval of planning application 03/00790/B as setting some form of precedent for residential development within the area I am satisfied that there are key material differences between that planning application and this current planning application. The application site for planning application 03/00790/B is zoned for residential development and the application includes properly designed flood protection measures. The application site for this current planning application is neither zoned for residential development nor within a recognised area of predominantly residential use and the proposal does not include flood protection measures. I recommend that the planning application be refused. ### Party Status I consider 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; The Department of Agriculture, Fisheries and Forestry’s Inland Fisheries Development Manager; The Department of Local Government and the Environment’s Environmental Protection Officer (Water); The Isle of Man Water Authority; and The Manx Electricity Authority. I consider that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should be afforded interested party status: The owner and/or occupant of Seacliffe. ### Recommendation **Recommended Decision:** Refused **Date of Recommendation:** 06.04.2006 ## 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 proposed development is contrary to the land use zoning of the application site, under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998, as an area of open space or woodland. As such, the application site is neither zoned for residential development or within a recognised area of predominantly residential use. The residential development of the application site would be contrary to the protection of this area of open space and the overall setting of the adjacent Sulby River. R 2. The application site is within an area that is known to be prone to flooding. As such, the erection of a dwelling of the site would place the dwelling under an unacceptable risk of flooding and potentially increase adversely affect the possible flooding of surrounding area. The potential for Isle 7/4/06 I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer) Decision Made : Refused Date : 7/4/06 Signed : M. I. McCauley Director of Planning and Building Control --- *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/80164-lezayre-greenlands-gardeners-lane-dwelling-outline/documents/1464028*