DEC Officer Report

Application No.: 21/01188/B Applicant: Ramsey Golf Club Limited Proposal: Variation of condition 1 of approval for Creation of three new dwellings with associated golf club car park and access alterations/improvements (PA 16/01173/B) to extend permission for a further 4 years Site Address: Ramsey Golf Links Brookfield Avenue Ramsey Isle Of Man IM8 2AH Senior Planning Officer: Mr Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 14.02.2022 _________________________________________________________________

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. Before development commences, details of the car park's lighting scheme, and the position or re-positioning of the gas meters, shall be submitted to and approved in writing by the Department. The lighting scheme and the position of the gas meters shall be in accordance with the approved details.

Reason: Further details are required in order to ensure that the impact on local amenity is acceptable.

• C 3. Prior to the occupation of any dwelling, the access road, footways and lighting shall be constructed/installed as shown on Drawing Number 3 Rev A and retained as such thereafter. Reason: In the interests of highway safety.
• C 4. The arrangement of the access shall be as shown on Drawing Number 3 Rev A Reason: For the avoidance of doubt, and in the interests of highway safety.

• C 5. Prior to the occupation of each dwelling, its garage, car parking and manoeuvring area shown on Drawing Number 3 Rev A, shall be provided and remain free from obstruction thereafter.

Reason: In the interests of highway safety, and to ensure that the car parking standards in the Isle of Man Strategic Plan are met.

• C 6. The tree planting scheme shown on Drawing Number 3 Rev A shall be undertaken during the first planting season following the completion of all 3 dwellings. Any tree forming part of the planting scheme which, within a period of 5 years from the date of planting, dies, is removed or becomes seriously damaged or diseased, shall be replaced during the next planting season with another tree of the same species and size. Reason: In the interests of ensuring a properly landscaped appearance to the site.
• C 7. The protection measures and construction methods detailed in the Tree Survey and Report prepared by Manx Roots Tree Management Ltd (date-stamped 24 November 2016) shall be adhered to in full, subject to the pre-arranged supervision detailed in Section 8 and Appendices 5 and 7 of that Report. Reason: In the interests of ensuring a properly landscaped appearance to the site.
• C 8. No tree proposed to be retained, as shown on Drawing Number 2 Rev B, shall be cut down, uprooted, or wilfully destroyed during the development phase and thereafter within 5 years from the completion of the development, unless otherwise approved in writing by the Department. Any tree that is cut down, uprooted or wilfully destroyed during the development phase shall be replaced with one of similar species and size during the next planting season and in accordance with details to be agreed in advance with the Department. Reason: In the interests of ensuring a properly landscaped appearance to the site.
• C 9. Prior to the commencement of development, a plan showing the proposed sewer diversion shall be submitted to and approved in writing by the Department. The diversion works shall be undertaken in accordance with the approved details.

Reason: To ensure appropriate sewer facilities for the proposed and existing dwellings. The potential proximity of the diverted sewers to existing and nearby dwellings requires further detailed consideration prior to any related works being undertaken.

• C 10. Prior to the occupation of any of the dwellings hereby approved, the golf club's parking spaces shown on Drawing Number 3 Rev A shall be laid out and retained as such thereafter.

Reason: In order to provide sufficient parking spaces for the golf club, and to minimise street parking.

• C 11. Prior to the commencement of development, samples of all finishes to be used on the dwellings shall be submitted to and approved in writing by the Department. The dwellings shall be constructed in accordance with the approved details. Reason: In the interests of the character and appearance of the site.
• C 12. Before development commences, details of the structural stability of the retaining wall alongside the garden of Cynclaire, and a scheme for its protection, monitoring and (if necessary) repair during the development phase, shall be submitted to and approved in writing by the Department. The development shall be carried out in accordance with the approved details.

• Reason: To ensure that the development does not jeopardise the stability of the retaining wall.
• C 13. Prior to the commencement of the development hereby approved an updated Arboricultural Method Statement (AMS), adhering to the recommendations of BS5837:2012 (Trees in relation to design, demolition and construction - recommendations), shall be submitted to and approved in writing by the Department.

The AMS should detail the protective measures to be taken and the construction methods to be used to ensure damage to retained trees is avoided, and how the project arboriculturist and/or construction manager will carry out arboricultural site monitoring, including a schedule of specific site events requiring input or inspection. The agreed protection measures, construction methods and site supervision shall adhered to in full.

Reason: to provide a level of technical detail sufficient to provide a high level of confidence in the outcome for retained trees on the site.

• C 14. No development shall commence until a Preliminary ecological Assessment of the site has been submitted to and approved in writing by the Department. The ecological assessment shall identify matters of ecological interest within the site and measures to mitigate ecological impacts where appropriate, including a timetable for their implementation. The development shall not be carried out unless in accordance with the approved details. Reason: To provide adequate safeguards for the ecological species existing on the site.

This application has been recommended for approval for the following reason. The proposal has no significant impacts upon public or private amenities and therefore it is considered the variation of the condition is acceptable.

Plans/Drawings/Information; This decision relates to drawings and information submitted on 11 October 2021, referenced;

• o 14TS022-01 - Topographical Survey (WGS Limited)
• o 14 1070 1A - Site & Location Plan
• o 14 1070 2B - Site Massing & Layout Plan
• o 14 1070 3A - Visibility Splay & Access Plan
• o 14 1070 4. - Typical Plans & Elevations o 14 1070 5. - Sections
• o 1601173B - Tree Survey (Manx Roots Limited)
• o Site photographs
• o Design Statement & Traffic count
• o Car Parking Study Photos o Artist Impression Front
• o Artist Impression Rear
• o Site Massing Colour Plan
• o Letter from applicant explaining reasons for extension

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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):

Ballacottier, Brookfield Avenue, Ramsey. as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018). It is recommended that MNH be afforded IPS as they have commented on material planning issues. _____________________________________________________________________________ Officer’s Report

PREAMBLE This proposal was originally considered by planning committee and as this application only seeks to vary a condition it need not be referred back to the committee.

1.0 THE SITE - 1.1 The application site is an irregularly shaped parcel of land currently occupied by part of the car park associated with Ramsey Golf Club and also a number of trees, bushes and other vegetation. The site slopes down steeply in a northerly direction: the southern edge of the site is in excess of six metres higher than the northern side. This topographic change takes place over a roughly 12 metre distance. - 1.2 Previous planning approval was granted at appeal on 25th October 2017 with 12 planning conditions. This application was received on 11/10/21 and before the expiry date of 4 years as per condition 1 of the approval (4 years from the date of the notice).

2.0 THE PROPOSAL - 2.1 The application seeks approval for the Variation of condition 1 to PA 16/01173/B for; 'Creation of three new dwellings with associated golf club car park and access alterations/improvements', to extend the period of approval for a further 4 years.

3.0 PLANNING POLICY - 3.1 The application site is designated as; 'open space (golf course)' within the Ramsey Local Plan, which does not have any policies of direct relevance to the proposal. - 3.2 The site is not within a Conservation Area, nor is it within an area of flood risk. It is appropriate to consider the following planning policies from the Isle of Man Strategic Plan 2016; - 3.3 General Policy 2, Environmental Policy 42, Transport Policies 6&7, Recreation Policy 2

4.0 PLANNING HISTORY - 4.1 16/01173/B - Creation of three new dwellings with associated golf club car park and access alterations/improvements. Golf Links, Brookfield Avenue, Ramsey. Approved at Appeal with 12 planning conditions.

5.0 REPRESENTATIONS (in brief - full reps can be read online) - 5.1 Ramsey Town Commissioner's had not commented at the time of writing. - 5.2 Highways Services (22.10.21) Do not object - 5.3 Manx National Heritage (26/10/21) comments on nesting birds, the tree survey and a PEA report. - 5.4 Defa Arboricultural Officer (01/11/21) recommends a condition that an update Arboricultural Method statement is requested as a condition. - 5.5 Defa Biodiversity officer (05/11/21) the need for an updated PEA report and bat survey. Neighbour comments

5.6 Ballacottier, Brookfield Avenue (10/11/21)raises the following issues; highlights the length of time the site has stood vacant and not been bough despite any price drops, doesn't see why the developers are pursuing in this market, the height and the proposals will impact on their garden with a loss of light in the pm, the site in filled material and questions whether this is feasible to build on, questions whether piling would be required, no consideration for sewerage or utilities to the new properties, issues over car parking on site.

6.0 ASSESSMENT - 6.1 As indicated previously in this report, the only matter for consideration is whether the variation of condition 1 is acceptable, which is to extend the expiry period by 4 years. No changes are proposed to the approved building. There has not been any policy changes since the original approval and it is not considered an additional four year extension raises any concerns. - 6.2 The neighbouring property (Ballacottier) been commented and raised those issues that the previous planning inspector previously considered in their report which was upheld by the Minister. As all matters remain the same, this application is only seeking an extension of for years. - 6.3 In terms of comments from DEFA, the need for an updated Arboricultural Method Statement and Preliminary Ecological Appraisal and acknowledged and given the previous studies are over 5 years old, would have limited weight. As such it would be more apparent to have a planning 'prior to' condition to ensure those studies are undertaken before any works commence on site.

• 6..4 Those planning condition that were recommended to the Minister by the planning inspectorate, that feature on the decision notice would be applicable in this case and transferable to this application, verbatim.
• 7.0 CONCLUSION

7.1 Overall, the proposal has no significant impacts upon public or private amenities and therefore it is considered the variation of the condition is acceptable and therefore 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:

• 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 the Head of Development Management 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 : 15.02.2022 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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.