19 May 2009 · Planning Committee
Field 134278, Lezayre Road, Ramsey, Isle Of Man, IM8 2tn
The proposal seeks approval in principle for mixed residential, industrial and open space uses across multiple fields in the West Ramsey area, guided by the West Ramsey Development Framework which zones parts for development but specifies strict phasing.
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The officer assessed the proposal against the Ramsey Local Plan, West Ramsey Development Framework (WRDF) and Isle of Man Strategic Plan 2007, concluding it includes field 134281 not designated for de…
Strategic Policy 2 - Priority for new development to identified towns and villages
Requires new development primarily in towns/villages or sustainable urban extensions; countryside only in exceptional cases. Officer found inclusion of non-zoned field 134281 contrary, with presumption against development.
General Policy 2
Permits development per zoning if respects site/surroundings, amenities, access etc. Failed due to non-zoned land, phasing, access and prematurity.
Housing Policy 1
Provision for 6000 dwellings 2001-2016. Site yield exceeds northern needs (92 units), making supply excessive per Residential Land Availability Study.
Housing Policy 2 (Draft Southern Area Plan)
Ensure adequate supply, review unavailable land. Premature as exceeds targets and ignores phasing.
Transport Policy 8
Major developments need Transport Assessment. Absent here, single access inadequate.
Environment Policy 10 - Development and flood risk
Flood risk sites need assessment/mitigation. Submitted but details deferred; no high risk development recommended.
No objection subject to conditions including flood risk assessment, no development in high risk zones, attenuation, no ground raising in vulnerable zone
Private residents object strongly to the application citing flood risks and infrastructure issues while statutory consultees DAFF Wildlife and Conservation Division and Manx National Heritage raise ecological, wildlife, and archaeological concerns and recommend assessments rather than outright objection.
Key concern: high archaeological potential including Skyhill battlefield site
DAFF Wildlife and Conservation Division
Conditional No ObjectionI recommend that an environmental report be commissioned; These should be retained and not adversely affected by development activities; It must not be spread to other sites
Conditions requested: environmental report be commissioned including consideration of bats, birdlife, frog spawn in ditches/ponds, invertebrate interest; protect rivers from detrimental impacts in accordance with DAFF Fisheries advice; outfalls to have regard for ecological interest and amenity value of banks and be agreed with DAFF Fisheries division; design attenuation ponds or flood alleviation meadows with natural interest
Manx National Heritage
Conditional No ObjectionA requirement for archaeological evaluation is strongly recommended; Before any development is permitted, an assessment of the effects of flood protection measures on the river ecology is recommended
Conditions requested: assessment of effects of flood protection measures on river ecology prior to development; archaeological evaluation prior to detailed planning application under Strategic Plan Environment Policy 41
Society for the Preservation of the Manx Countryside & Environment
No ObjectionWe have no objections to the development itself
The original application for approval in principle for residential, industrial, and open space development on land west of Gardeners Lane, Poylldooey, Ramsey (PA 03/01846/B) was approved by the Planning Committee subject to conditions, including condition 5 requiring neighbourhood centre facilities (pub, shops, nursery) before dwelling occupation and condition 6 requiring play areas before occupation. Heritage Homes Ltd appealed the conditions, arguing they were unreasonable due to commercial viability and construction sequencing. Third parties (Mr and Mrs Martin) appealed the approval itself on traffic and flooding grounds. The inspector found the development conformed to the Ramsey Local Plan and West Ramsey Development Framework, dismissed the third-party appeal, and allowed Heritage Homes' appeal by deleting condition 5 (relying on developer integrity and future control) and varying condition 6 to tie play area provision to the penultimate dwelling. Other matters like drainage, flooding, and highways were satisfactory. The outcome revised the approval with the amended condition.
Precedent Value
Appeals can succeed by demonstrating policy conformity and practical implementation issues; rigid pre-occupation conditions for infrastructure may be overridden if developer integrity reliable and alternatives controlled; condition variations more likely than deletion where partial concerns valid.
Inspector: Terrence Kemmann-Lane
