**Document:** DEC Officer Report **Application:** 22/00376/B — Erection of 2 storey dwelling **Decision:** Permitted **Decision Date:** 2022-04-28 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/8788-lezayre-5-hespera-terrace-dwelling/documents/949301 --- # DEC Officer Report **Application No.:** 22/00376/B **Applicant:** Mr William Miller **Proposal:** Erection of 2 storey dwelling **Site Address:** 5 Hespera Terrace Lezayre Road Ramsey Isle Of Man IM8 2LX Principal Planner: Mr Chris Balmer **Expected Decision Level:** Officer Delegation **Recommended Decision:** Permitted **Date of Recommendation:** 25.04.2022 ## Conditions and Notes for Approval C : Conditions for approval N : Notes attached to conditions - C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals. - C 2. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety. - C 3. Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the following windows and shall be maintained as such thereafter; West Elevation - first floor Bathroom Reason: In tern interests of neighbouring residential amenities. - C 4. Prior to the commencement of any development details scaled plans (1:50 or less) showing the cornicing detailing around the windows, doorway and bay windows to the front elevation which shall be submitted for approval by the Department which shall replicated what was originally in place (same as neighbouring properties along Hespera Terrace). Reason: In the interests of visual amenities of the street scene and Hespera Terrace. ## This application has been recommended for approval for the following reason. It is considered that the proposal has no significant impact upon public or private amenities and therefore complying with Strategic Policy 1, Strategic Policy 2, General Policy 2, Housing Policy 4, Transport Policy 4 , Transport Policy 7 and Environment Policy 42 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide. Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 28.03.2022. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ ## Officer’s Report 1.0 THE SITE - 1.1 The application site represents the curtilage of 5 Hespera Terrace, Lezayre Road, Ramsey, which was until the last ten years approximately comprised of a two storey end terraced property located on southern side of Lezayre Road and northeast of the Ramsey Grammar School. In the last ten years the property was demolished due to structural concerns and the site has remained empty since that time. 2.0 THE PROPOSAL - 2.1 The application seeks approval for the erection of 2 storey dwelling. The new dwelling would replicate the existing in terms of footprint, scale, finishes and overall design and match with the rest of Hespera Terrace. 3.0 PLANNING POLICY - 3.1 The site lies within an area designated on the Ramsey Local Plan of 1989 as Predominantly Residential. As such, there is a presumption in favour of residential development. The site is not within a Conservation Area. - 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application. - 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 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 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 of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." - 3.5 The Strategic Plan identifies a hierarchy of settlements that guide what type of development is appropriate within them. Ramsey is designated as one of the five "Service Centres" within the Island (Spatial Policy 2). This Policy states that; "Outside Douglas development will be concentrated on the following Service Centres to provide regeneration and choice of location for housing, employment and services." - 3.6 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: - (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; - (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; 3.7 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…" - 3.8 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." - 3.9 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. The current standards are set out in Appendix 7." - 3.10 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." "Backland development(2)" (which is development on the land at the back of properties) may also be acceptable in some circumstances, but only if satisfactory access can be achieved and if there is sufficient space to provide adequate amenity for both new and existing adjoining dwellings. "Tandem development (3)" (consisting of one house immediately behind another, and sharing the same access) is generally unacceptable because of the difficulties of access to the house at the back, and the disturbance and lack of privacy suffered by the house in front. ## - 3.11 RESIDENTIAL DESIGN GUIDE JULY 2021 4.0 PLANNING HISTORY - 4.1 The site has been the subject of a previous application, 10/01322/B for a dwelling on this same site, which was identical in form, scale, size and overall design as the current application. This was approved on 25.10.2010. ## - 5.0 REPRESENTATIONS 5.1 Highway Services do not object (08.04.2022). - 6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this current planning application are (i) The principle of the proposal; (ii) Potential impact on the neighbouring residents living conditions; (iii) visual impact upon street scene; (iv) and Potential impact on highway safety for access/parking provision. The principle of the proposal 6.2 As outlined within the planning policy section of this report, the site is designated as predominately residential use and therefore the proposal for residential development is acceptable in terms of complying with the land-use designation. - 6.3 Consideration should also be given to The Isle of Man Strategic Plan which has been adopted (1st April 2016). Within this document Strategic Policies 1 & 2 require that new dwellings be located within existing sustainable settlements; being located so as to utilise existing and planned infrastructure, facilities and services and development should optimising the use of previously developed land. This proposal would meet these aims which essentially seek development within exiting settlements rather than the countryside. Spatial Policy 2 also indicates that Ramsey is a Service Centre and that this area should; "…provide regeneration and choice of location for housing, employment and services". - 6.4 Accordingly, given the above reasons it is considered the principle of developing the site for residential development is acceptable. It is also considered the area of the site is large enough to accommodate a modest dwelling. This is not an automatic reason to allow the proposal as the other matters listed within paragraph 6.1 of this report still need to be considered and be considered acceptable. Potential impact on the neighbouring residents living conditions - 6.5 The properties most likely to be affected by the proposal is Nr 4 Hespera Terrace to the east of the site and Cagllagh to the west. The main likely impacts are overbearing impacts upon outlooks and/or loss of light, especially to Nr 4, which currently due to the demolition of the application site dwelling is an end terrace, but this current application could result in becoming a mid-terraced property once again. It is difficult when assessing such applications where the situation due to demolition of a long standing building, has reduced the impacts upon neighbouring properties for a relative short period of time, but the applicants wish to re instate the status quo. In this case; while there will be an impact, it is not considered the impacts would be so great to neighbouring properties to warrant a refusal. Visual impact upon street scene - 6.6 Due to the scale, form, massing, size, design and finishes replicating the original dwelling, it is considered the proposal would have no adverse impact upon the visual appearance or character of Hespera Terrace or the overall street scene. - Potential impact on highway safety for access/parking provision - 6.7 Highway Services have considered the applicant in detailed as outlined in their representations and have no objections to the previous application. - 6.8 Any new dwelling requires at least two off road parking spaces, which this application proposes to the rear. ## - 7.0 CONCLUSION 7.1 It is considered that the proposal has no significant impact upon public or private amenities and therefore complying with Strategic Policy 1, Strategic Policy 2, General Policy 2, Housing Policy 4, Transport Policy 4 , Transport Policy 7 and Environment Policy 42 of the Isle of Man Strategic Plan 2016 and the Residential Design Guide. Accordingly, the application is recommended for approval. - 8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: - (a) the applicant (including an agent acting on their behalf); - (b) any Government Department that has made written representations that the Department considers material; - (c) the Highways Division of the Department of Infrastructure; - (d) Manx National Heritage where it has made written representations that the Department considers material; - (e) Manx Utilities where it has made written representations that the Department considers material; - (f) the local authority in whose district the land the subject of the application is situated; and - (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine: - o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and - o whether there are other persons to those listed above who should be given Interested Person Status. I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status. Decision Made : Permitted Date: 28.04.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner 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/8788-lezayre-5-hespera-terrace-dwelling/documents/949301*