DEC Officer Report

Application No.: 20/00144/B Applicant: Mr Christopher Hamilton Wedgwood And Mrs Floricar Wedgwood Proposal: Erection of a replacement dwelling Site Address: Beulah (formerly An Airidh) Windsor Grove Ramsey Isle Of Man IM8 3ED Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 26.05.2020 _________________________________________________________________

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. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• C 3. Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the following windows and shall be maintained as such thereafter;

North East Elevation - first floor Ensuite and dressing rooms South West Elevation - first floor Bathroom Reason: In tern interests of neighbouring residential amenities.

• C 4. The garage hereby approved shall at all times be made available for the parking of private motor vehicles(s) and shall be retained available for such use. Reason: To provide adequate off-street parking.
• C 5. 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 6. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the shed, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.

Reason: To ensure the provision of an appropriate landscape setting to the development and in the interests of neighbouring residential amenities.

• C 7. Prior to the commencement of any works, details of the leaded windows are required to be submitted to and approved by the Department and this approved scheme is required to be fully adhered to and retained thereafter.

Reason: In the interest of the visual appearance of the dwelling and in the interest of neighbouring amenities in terms of reducing the potential for overlooking.

• C 8. No retained tree shall be cut down, uprooted, destroyed, or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

• C 9. Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TP-16320) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process."

Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area, site and neigbouring amenities.

N 1. The applicants are strongly recommended to comply with the recommendations of the submitted Preliminary Assessment for Bats dated 2nd May 2020, undertaken by the Manx Bat Group and that prior to works commencing (demolition of the existing dwelling) that an emergence survey for bats is undertaken on the property to ensure the protection of a Protect Specifies which is an offence to injury, damage or kill such specifies under the Wild Life Act.

This application has been recommended for approval for the following reason.

It is considered the principle of residential development is appropriate on this site for the reasons indicated, namely being appropriate form of development within the street scene and within the site, and not having a significant adverse impact upon neighbouring amenities, therefore complying with the relevant planning policies listed within the IOMSP and The Residential Design Guide.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers 19010 01, 19010 02 A, 19010 03, 19010 04, 19010 05, 19010 07 received on 10th February 2020.

And 19010 02 A, Tree Protection Plan & Arboricultural Method Statement, Arboricultural Impact Assessment, TS-16320, TP-16320 & TR-16320 received on 19th March 2020. _______________________________________________________________

Interested Person Status – Additional Persons

It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Manx Utilities as they have not made written representations that the Department considers material. _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The site represents the residential curtilage of Beulah (formerly An Airidh), Windsor Grove, Ramsey which is a 1950's two storey detached dwelling, located to the south-eastern end of the residential cul-de-sac Windsor Grove. The dwelling sits within a large plot (compared to other properties within a settlement) with large gardens to the rear.

2.0 PROPOSAL - 2.1 The application seeks approval for the erection of replacement dwelling and alterations to existing access (widening). - 2.2 The proposed dwelling replicates a Frank Lloyd Wright who is a American Architect who became famous during the "Arts and Craft" period. The new dwelling is larger than the existing in terms of footprint, and its orientation differs from the existing in that the new dwelling runs into the site further, but at a reduced width. The dwelling is part single, two and three storeys (garaging at lower ground floor level). - 2.3 The existing dwelling is in a poor state of repair, with sections of its roof missing resulting in water damage internally.

3.0 LAND USE ZONING / PLANNING POLICIES - 3.1 The application site is within an area recognised as being an area of "Predominantly Residential Use" under the Ramsey Local Plan. The site is not within a Conservation Area. - 3.2 The Isle of Man Strategic Plan 2016 contains the following 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(1) 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(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3." - 3.5 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."

3.6 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: 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."

3.7 Residential Design Guide July 2019

4.0 PLANNING HISTORY - 4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.

5.0 REPRESENTATIONS - 5.1 Ramsey Commissioners make the following comments (23.03.2020): "Ramsey Town Commissioners have no objection to this proposal. The Commissioners are happy to see investment in the area and a new property being built. During the review of the application they did look at the increase in window area and the overlooking of neighbouring properties however they felt that due to the relocation of the property within the plot it might not be as intrusive." - 5.2 Highway Services (18.03.2020) do not object to the principle for the works, but consider there may be excessive reversing from the new garage to the turning within the site and seek a condition be attached for additional details. - 5.3 Manx Utilities authority made a initially comments requiring a Flood Risk Statement as the site was within flood zone. Following additional information by the applicants Manx Utilities have no confirmed they have no objection (16.03.2020). - 5.4 The Senior Forestry and Arboricultural Officer (DEFA) makes the following comments (30.03.2020); "Following the submission of an arboricultural impact assessment and tree protection plan I can now confirm that I have no objection to this application.

The arboricultural impact assessment has confirmed the extent of tree removal required to facilitate the development and that the majority of these trees are category C (BS5837) specimens, not worthy of consideration as material constraints to development. The category B trees to be removed (T1 & T11) are relatively small trees which are not making a significant contribution to the amenities of the area.

The tree protection plan has shown how a number of retained trees can be adequately protected during construction.

If this application is approved I recommend you consider applying the following conditions:

• 1) No retained tree shall be cut down, uprooted, destroyed, or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.

Reason: To ensure that trees marked for retention are not removed, in the interests maintaining the amenities of the area and to ensure the visual impact of the development is mitigated.

• 2) Prior to the commencement of the development hereby approved, the protective measures detailed in the Tree Protection Plan (drawing TP-16320) and Arboricultural Method Statement, prepared by Manx Roots and submitted in support of the application, shall be fully installed and implemented and retained for the duration of the construction process."

Reason: To ensure that trees marked for retention are adequately protected, in the interests maintaining the amenities of the area and

5.5 Senior Biodiversity Officer (DEFA) initially sought a ecologic assessment to determine the potential impact of the demolition of the existing dwelling. Following these comments the applicants have provided additional information in response. The Officer makes the following final comments (15.05.2020);

"I am now in receipt of and have read through the Preliminary Assessment for Bats dated 2nd May 2020, undertaken by the Manx Bat Group.

I can confirm that I am happy with the level of assessment and the findings of the survey. In line with the recommendations of the report, the Ecosystem Policy Team request that prior to works commencing that an emergence survey for bats is undertaken on the property, and the results of the survey as well as any recommended avoidance, mitigation and compensation measures be submitted to the Planning Directorate for written approval. The development shall be carried out in strict accordance with the agreed measures and maintained thereafter. This results of this emergence survey should either be provided prior to planning approval, or made a condition of approval. I would also ask the applicant to consider installing bat boxes on the trees within the garden, or integrating bat boxes into the walls of the new property as an enhancement for wildlife."

6.0 ASSESSMENT - 6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application; (a) principle of development; (b) visual impact upon street scene; (c) potential impact upon neighbouring amenities; and (d) ecology matters. PRINCIPLE OF DEVELOPMENT - 6.2 The first and main issue relating to this application is the principle of residential development on this site. 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 Strategic Policies 1 & 2 require that new dwellings be located within existing sustainable settlements. Spatial Policy 1 also indicates that Ramsey is a Service Centre and that development should take place to provide a choice and location of housing, employment and services. - 6.4 The Isle of Man Strategic Plan 2016 identifies that a total of 770 new dwellings are required to be provided between the years of 2011 to 2026 in the north of the Island alone. A total of 5,100 dwellings are required over this same period throughout the Island. Given Ramsey is regarded as a Service Centre and the main town in the north of the Island, it is reasonable to consider the majority of these 770 dwellings in the north of the Island are likely to be provided in or around Ramsey. - 6.5 Accordingly, given the above reasons it is consider the principle of redeveloping the site for a single residential dwelling is acceptable. VISUAL IMPACT UPON STREET SCENE - 6.6 The site is surrounded by a variety of different designs and size of properties, ranging from two storey detached properties, 1930 styles two storey semi-detached properties, detached bungalows and traditional two/three storey Victorian terraces. Of course the existing dwelling on the site is a 1950's styled "Arts and Craft" house. Accordingly, there is a clear diverse house designs in the area which has been built up over time, using different methods of construction and designs being undertaken resulting in variation in the street scene. - 6.7 The new proposal would be unique in the street scene (and IOM) which would be of very high quality in design terms and finishes. It is considered this approach is acceptable and continues the general design theme of the area which has continued to evolve over time resulting in a variation of design types. - 6.8 In terms of the street scene, the appearance of the dwelling will arguably have less or at least similar visual impact; albeit it is a much larger dwelling. This is given its orientation

• which differs from the existing in that the new dwelling runs into the site further, but at a reduced width. Accordingly, the North West elevations which faces the cul-de-sac is narrow in width than the existing property. Further, while sections of the new dwelling is three storeys, the overall height of the new dwelling is similar to the existing. The shallow hipped roofs of the design also help reduce the height of the new proposal, as well as the new dwelling being designed to take the gradually sloping nature of the site into account (i.e. site slopes downwards from the north to the south boundaries of the site).
• 6.9 Overall, it is considered the design, size and height of the property would be acceptable in this location and would add to the character and quality of the area. Potential impact upon neighbouring amenities
• 6.10 The properties most likely to be affected by the new development would be Kalista to the north of the site; Snowdon to the northwest and the gardens of The Haven to the northeast. The proposal having a greater footprint and projecting further inwards of the site, has the greater potential of causing overlooking, overbearing impact upon outlooks and/or loss of light. Kalista
• 6.11 This property is a two storey detached dwelling which is to the north of the site. The existing dwelling in parts is located closer to this property than the proposed dwelling would be sited; albeit there would be a greater level of development. In terms of loss of light, it is considered there is the potential during mid-afternoon periods, albeit given the distance the property would be from Kalista, the height of the new dwelling, existing landscaping/boundary features along the shared boundary; it is considered there would be no significant loss of light or overbearing impact to warrant a refusal. There are a number of windows within the northeast elevation of the new dwelling, especially at first floor which could give raise of overlooking, more so than the existing situation. The windows would be between 13 and 27m from the gable elevation (southern) of Kalista. The first floor windows would serve three bedrooms, dressing room, ensuite and landing windows. The main area of concern is potential the windows serving bedroom 4.

The issue of overlooking was put to the applicants who commented (relevant to all neighbouring properties): "Please bear in mind that a lot of the windows along the side are obscured glass with being ensuite and dressing rooms and indeed all the windows are leaded also, the guest bedroom will obviously be very low occupancy and if we need to make some of the glazing one way glass so the external appearance of the house looked the same but there was no view out from inside the house then maybe that would be a solution…"

6.12 It is accepted that while there are proposed a large number of windows at first floor level; these do not serve primary habitable rooms, serving either habitable (bedrooms) or nonhabitable rooms (ensuite/dressing room/landing). The ensuite and dressing windows can be obscured glazed. The remaining windows are leaded with patterns throughput each window. This in turn would reduce the amount of "glazing" also. Overall; given the use of the rooms, the distance the windows are from habitable or primary habitable windows of Kalista; the existing mature landscaping along the shared boundary of these properties; and as the dwelling is orientated away from Kalista; it is considered the potential level of overlooking would not be so significant to warrant a refusal. Snowdon - 6.13 This property is a single storey bungalow located to the northwest of the new dwelling. This property has a single gable end window and obscure glazed door (potentially serving utility room) which overlook the application site. In terms of the impact to this windows, there is the potential that where would be a similar impact; given the existing dwelling at this

• location is two storey. The area of the new dwelling which would be closest to this window is single storey in height.
• 6.14 In terms of impacts of overlooking there would be no concerns of views into the dwelling Snowdon, given the orientation of the new dwelling and Snowdon. There is the potential for overlooking, namely from first floor windows over the garden of Snowdon. Again the windows to the southwest elevation serve, three bedrooms, bathroom, ensuite, dressing room. It is also noted that currently the main habitable room (lounge) of the existing dwelling has a large bay window which directly looks towards and over the garden of Snowdon. Accordingly, there is already a level of overlooking. The new first floor windows are located between 6m and 24m to the shared boundary with Snowdon. Again some of these windows can be obscure gazed and or do not serve primary habitable rooms. There is also existing mature landscaping (including a spruce tree) which is proposed to be re-enforced with the planting of evergreen pleached trees (these are very straight clear stem and a narrow framework of branches trained into canes to create leafy screens) which would help the potential for overlooking of the garden of Snowdon. Overall, the increase number of windows will increase the potential of overlooking; however, given the use of the rooms, the distance the windows are from habitable or primary habitable windows of Snowdon; the existing/proposed mature landscaping along the shared boundary of these properties; and as the dwelling is orientated away from Snowdon; it is considered the potential level of overlooking would not be so significant to warrant a refusal. The Haven
• 6.15 The Haven is a two storey dwelling which is located approximately 35m to the northeast of the proposed dwelling. There would be not potential impacts of the new dwelling to this dwelling given this distance. The main potential impact is the potential overlooking again of overlooking of the garden of this property, namely form the first floor windows of the north east elevation. The new windows would be between 6.5m and 13m from the shared boundary of the site with The Haven. There is currently a 1.8m/2m high timber fence (was been undertaken when attending site visit) and there is significant level of landscaping along the boundary (with control of The Haven). A total of 8 trees are proposed to be planted along or adjacent to this boundary within the application site. Again; as with the other properties, there will be an increase level of overlooking given the number of windows proposed; however, aging given the use of the rooms the windows would serve, the level of existing/proposed landscaping and distance the windows would be to the property The Haven and to the boundary/garden areas; it is considered the potential level of overlooking would not be so significant to warrant a refusal. Ecology matters.
• 6.16 The Bat Report clearly indicates no bats are within or use the existing building to be demolished. While recommendations are for installing bat boxes into the fabric of the building; it is not considered this should be a condition as it would not meet the required six tests. Planning permission is not required to demolish the existing dwelling on site and it could be removed today. Accordingly, the demolition of the dwelling (which is the aspect that could cause concern to bats) is not being approved by this application (not required) and therefore other legislation (Wildlife Act) should be the mechanise to deal with this issue. Accordingly, a note should be attached which recommends the applicant undertaken the finds of the report, rather than a requirement, but advise possible prosecution could be brought it bats where injured/killed under the Wildlife Act. Impacts upon trees
• 6.17 Following additional FALD consider, the application is acceptable subject to the conditions proposed. Other Matters

6.18 Highway Services have commented that the internal turning head (35m from the highway) may result in excessive reversing manoeuvres. The area (fronting garage) in question is 7.5m x 6m in width. It is considered this is the applicant's choice and would not be a reason to refuse the application, as it would not impact on highway safety. Further, it is noted that the internal garage is sizeable measuring 8.5m x 5.5/6m. Accordingly, which the turning provisions, may not be ideal; it is considered there is sufficient space. Furthermore there are two off road parking spaces provided and therefore the proposal complies with the relevant policies. Accordingly, a condition as suggested by Highway Services is not recommended.

7.0 CONCLUSION - 7.1 Overall, it is considered the principle of residential development is appropriate on this site for the reasons indicated and therefore comply with the relevant planning policies listed. Accordingly, it is recommended that the application be approved.

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:

• 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

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 02.06.2020 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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