**Document:** Officer Planning Report Recommendations
**Application:** 08/01971/B — Erection of alternative dwelling types to allow for affordable housing provision and alteration of underground sewage pumping station
**Decision:** Permitted
**Decision Date:** 2009-01-29
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/86420-lezayre-plots-3-to-alteration-dwelling/documents/1533040

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# Officer Planning Report Recommendations

## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations [Table omitted in markdown export]

### Officer's Report

#### The Application Site And Proposed Development

The application site comprises of land that is located to the west of Gardeners Lane in Ramsey.

The proposed development comprises the erection of residential development and underground sewage pumping station on the application site. The planning application effectively constitutes an amendment of the development permitted under approved previous planning application 03/01846/B and 08/01319/B.

#### Planning History

The application site and surrounding land has been the subject of a number of planning applications, two of which are considered specifically material to the assessment of this current planning application:

Planning application 03/01846/B sought planning approval for the residential estate development comprising of roads, plots, sewers and layout for 26 semi detached dwellings, 14 terraced dwellings, 10 apartments, 1 children's nursery, 1 public house with managers accommodation and 2 lock up retail units on land that includes the application site for the current planning application. This previous planning application was granted planning approval on the 25th January 2007.

Planning application 08/01319/B sought planning approval for amendments to dwelling design and dwelling/fence/driveway positions on approved residential development (03/01846/B) on land that includes the application site for the current planning application. This previous planning application was granted planning approval on the 15th September 2008.

#### Representations

Ramsey Town Commissioners have no objection to the planning application.

The Department of Transport Highways Division do not oppose the planning application.

The Department of Local Government and the Environment's Estates and Housing Directorate express an interest in the planning application and advise that the level of affordable provision within the proposed development meets their requirements.

The Department of Agriculture, Fisheries and Forestry's Inland Fisheries Section express an interest in the planning application in respect of the distance of development from the adjacent watercourse and the protection of the watercourse during the construction works.

### Planning Policy

In terms of land use planning, the application site is within the area covered by the West Ramsey Development Framework. This framework document was written in response to the provisions of the written statement (Planning Circular 2/99) that supports the Ramsey Local Plan, which requires that the "development of this land should be undertaken only in accordance with an approved scheme for the whole area".

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application.

### 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."

### Housing Policy 4 states:

"New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions 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 5 states:

"In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more."

### Assessment

The planning application seeks planning approval for the erection of residential development and underground sewage pumping station on the application site. As stated earlier in this report, the planning application effectively constitutes an amendment of the development permitted under approved previous planning application 03/01846/B and 08/01319/B.

Given the land use designation of the application site and the extant planning approval (03/01846/B & 08/01319/B) for residential development it is concluded that the principle of residential development is established. The submission of the original planning application that granted planning approval for the residential development of the application site and surrounding land pre-dates the adoption of the Isle of Man Strategic Plan 2007 and therefore the application of Housing Policy 5. As such, this previous planning application was not subject of any requirement to provide affordable housing. However, the Department of the Local Government and the Environment's Housing and Estates Directorate have been discussing the application site with the applicant and it has been subsequently agreed that a number of the residential units will be made available for the Department's House Purchase Assistance Scheme.

With the principle of development established and the issue of affordable housing provision suitably addressed it remains necessary to examine the site specific impacts of the development proposed by the planning application. In terms of this, the number of residential units is unchanged and the overall layout and types of dwellings differ little from that approved

under the extant planning approval. As such, the site specific impacts of the proposed development on the public and private amenity of the surrounding area are generally unchanged from previous planning applications that were deemed to be acceptable. There are no material planning reasons to change that conclusion. The planning application also proposes changes to the underground sewage pumping station that serves the application site and surrounding land. It is understood that these changes are primarily related to technical specification and are at the request of the Department of Transport Drainage Division. The underground sewage pumping station works proposed by the planning application are acceptable.

Given that the application site has extant planning approval for residential development that does not have any affordable housing requirement it is considered unreasonable to now seek to impose a legal agreement on the application site. Such legal agreement would unduly complicate matters and introduce additional expense to the applicant that could potentially lead to the applicant withdrawing their offer of providing affordable housing. This approach does not set any precedent and is merely seen as a reflection of the planning history of the application site, the extant planning approvals and current circumstance.

It is recommended that the planning application be approved.

### Party Status

It is considered 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 Transport Highways Division; The Department of Local Government and the Environment's Estates and Housing Directorate; and The Department of Agriculture, Fisheries and Forestry's Inland Fisheries Section.

I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)

Decision Made : Permitted Date: 28/1/09 Signed : DB Senior Planning Officer

[Table omitted in markdown export]

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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/86420-lezayre-plots-3-to-alteration-dwelling/documents/1533040*
