AP250010 DEFA Planning Officer Statement

STATEMENT OF THE Department of Environment Food and Agriculture Planning & Building Control Directorate

Planning statement on behalf of the Department relative to:

Proposed Parking Area on vacant overgrown landscaped area. Land To The Rear Of Oakfield May Hill Ramsey Isle Of Man IM8 2HJ PA Reference 24/91399/B

Prepared on behalf of the Planning Authority by Senior Planning Officer Jason Singleton

Department of Environment Food and Agriculture, Planning & Building Control, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF. Email [email protected]. Tel 01624 685950

• 1.0 THE SITE
• 1.1 The application site is to the rear of a residential dwelling house called Oakfield, Mayhill Ramsey. The land in question to the rear/ west of the dwelling abuts the cul-de-sac of Laurys Avenue.
• 1.2 The character of the area here are detached residential dwellings, namely bungalows, set back from the edge of the highway/footpath with lawned areas and parking adjacent to the respective dwellings. There are no parking restriction markings on the highway and parking is available on the highway.
• 1.3 The end of the cul-de-sac serves the rear of Poyll Shellee, Claughbane Road, the front and vehicle access to Cooil Ny Feeyney, Field House and No.4 that all sit to the north and no's5

• 11 Laurys Avenue that sit to the south of the highway.

• 2.0 THE PROPOSAL
• 2.1 Proposed is the creation of a parking area on vacant land adjacent to the highway and to the rear of Oakfield. The area would broadly accommodate one vehicle parked facing north to south to the highway and the area would be finished in a tarmac finish with a dropped kerb. The plans indicate the parking would be for one vehicle with an Aco drain laid across the rear of the parking area to a soakaway and soft landscaped area.
• 2.2 The propose works are solely contained to the rear of the dwelling house facing onto Laurys Avenue.

• 3.0 PLANNING POLICY
• 3.1 In terms of local plan policy, the application site is within an area recognised as being predominantly residential use under the Ramsey Local Plan. The property isn't within a Conservation Area nor a Flood Risk Zone.
• 3.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy

• 2 Priority for new development to identified towns and villages
• 3 To respect the character of our towns and villages 5 Design and visual impact

Spatial Policy 2 Ramsey is defined as a Service Centre General Policy 2 General Development Considerations Environment Policy 42 Designed to respect the character and identity of the locality Transport Policy

• 4 Highway Safety 7 Parking Provisions

• 3.4 Paragraph 8.12.1 of the Isle of Man Strategic Plan 2016 states: "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general."
• 3.5 Residential Design Guidance provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property and on front gardens and driveway impacts.

• 4.0 PLANNING HISTORY
• 4.1 97/01864/B - Erection of detached garage, Cooil-Ny-Feeyney, Laurys Avenue, Ramsey. REFUSED.

• 5.0 REPRESENTATIONS (this report only contain summaries - full reps can be read online) STATUTORY Con.
• 5.1 Ramsey Town Commissioners commented (16/01/25) with; "I am directed by the Ramsey Town Commissioners to request that you defer any decision on the above application until such time as the Commissioners have had the opportunity to fully consider the plans. The Board meet on Wednesday 19th February, 2025, following which I will contact you again". No further comments have been received from Ramsey Town Commissioners at the time of writing.
• 5.2 Highways Services commented (21/01/25) with no objection. "Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking providing the proposed hardstanding area is conditioned to be bound and consolidated throughout. The Applicant is advised to put a low wall/railings at back of the hardstanding area for the drop to the footpath to the property. A S109 highway agreement will be required for the dropped kerb footway to access the proposed hardstanding area by vehicles".
• 5.3 DEFA Ecosystems commented (06/02/25) to object due to the removal of a landscaped area or urban green space and contrary to Strategic Policy 4b for the loss of habitats to birds, insects and other wildlife. NEIGHBOUR Reps.
• 5.4 There have been a number of (three) objections, received from; Field House, Laurys Avenue Woodruffe, 6 Laurys Avenue
• 5 Laurys Avenue who between them raise the following thematic issues;

• o Illegal parking
• o Blocking of fire hydrants within the pavement
• o Previous application for a garage was refused
• o Damaging to the ecology
• o Blocking of the access lane to the side
• o Impeded vehicle movement in the cul-de-sac
• o Reduce parking on the highway
• o No justification for parking
• o Current owners have not maintained the garden area
• o Recently remove the greenery and installed stone
• o Will create problems for residents

• 6.0 ASSESSMENT The fundamental issues to consider in the assessment of this planning application are;

• (i) - Principle of development (SP2)
• (ii) - Design and visual impact (STP5, GP2b,c, EP42)
• (iii) - Impact upon neighbouring amenity (GP2, g)
• (iv) - Highway Safety (Gp2h,I Tp4,7)

• (i) PRINCIPLE

6.1 The site falls within the settlement boundary of Ramsey and an area zoned for residential development, and principally would be in general in accordance with SP2. There is a general presumption in favour of extensions to existing residential properties (para 8.12.1) and provided such development would not have an adverse impact on either adjacent properties or the surrounding area, as assessed below. As such the proposals would accord with Sp2.

• (ii) VISUAL IMPACT

• 6.2 The proposed creation of a parking space at the rear of the dwelling house would be clearly visible from the highway and would essentially be seen as either a hard standing area finished in tarmac or when being used, the parking for a single vehicle. This would not look out of place within the character of the residential area where properties here have parking within their respective curtilages. The installation of a dropped kerb will ensure compliance with highways and it is further noted they do not object to the proposals. The comments from ecology are noted on the loss of green space, however, the removal of shrubs and grassland does not require planning consent and there is no mechanism under planning to prevent this. Action under their (Ecology) own legislation could be pursued if required.
• 6.3 This aspect is deemed to be an acceptable form of development through the creation of a parking space to a residential dwelling, without harming the visual character and quality of the street scene or to the property itself in accordance with STP5, GP2(b,c) and Ep42. (ii) NEIGHBOURING AMENITIES
• 6.4 In terms of the potential impacts upon neighbouring amenities (loss of light, overbearing impact upon outlooks and/or overlooking), the level and scale of development proposed here to create a parking space, especially being contained to the rear elevation of the property and fronting onto Laurys Avenue are considered to be relatively modest and not judged to cause harm to the neighbouring amenity through any overlooking leading to a loss of privacy, or would have an overbearing impact that could also result in a loss of light, specifically those to within the cul-de-sac.
• 6.5 The comments received from the neighbouring residents within the cul-de-sac are noted in para 5.4 and having visited the site to assess the matter, it was noted the existing hard standing area with loose bound stone material, not as the existing plans show a "overgrown unmaintained soft landscaped area". However, within the street scene it was noted the parking of vehicles on the highway and that there are no parking restrictions on the highway enabling parking on both sides of the road.
• 6.6 The parking of one vehicle here, without blocking the pavement would not be seen to be out of character within the residential street scene where properties here have parking on their driveways or within the road way, and these proposals would not represent an incongruous feature. Whilst the concerns raised from the neighbours are noted, the parking of a vehicle off the road and not obstructing the pavement would not restrict or prevent any vehicle movements within the cul-de-sac or prevent any users of the footpath or access the any buried utilities (fire hydrant) within the pavement.

• 6.7 Although restrictions, through planning conditions, would be needed to ensure no commercial vehicles are parked here and the space is only large enough for one vehicle, off the road and to be used in conjunction with the host property. On balance, these aspects would be considered to be compliant with those sections of General Policy 2(g). HIGHWAY SAFETY
• 6.8 The proposed creation of a new driveway with a dropped kerb would be appropriate to accommodate the vehicle movements associated with the dwelling house. It is noted this would facilitate parking of one car off the highway and within the residential curtilage and takes into consideration visibility splays and highway safety for all users with clear visibility splays.
• 6.9 In this instance it is noted Highway Services does not object. On balance, the support on this application from highways services and the level of information on drawings ensures the proposal would comply with GP 2 (h&I) and TP 4 and 7 of the Strategic Plan.

• 7.0 CONCLUSION
• 7.1 The planning application would be an acceptable form of development within a defined residential area that has been designed to ensure that it would not harm the host dwelling in terms of visual appearance nor would the use and enjoyment of neighbouring properties amenities be affected by the proposals.
• 7.2 As such the proposals would comply with the aforementioned policies of the Isle of Man Strategic Plan (2016). The application is therefore recommended for approval.

• 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
• 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
• 8.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

• 8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.
• 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

The conditions and notes (if any) related to the Department’s original approval

C1 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.

C2 Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification), no fences, gates, walls or other means of enclosure shall be erected or placed within the curtilage of the site without the prior written approval of the Planning Authority.

Reason: To control development in the interests of the amenities of the surrounding area. C3 No permission is hereby granted for the parking of commercial vehicle or any highsided vehicle, caravan, or motorhome. Reason: To respect the residential character of the area C4 The development hereby approved shall not be occupied or operated until the aco drain channel, soakaway and tarmac finish to the parking area shall be carried out in accordance with drawing referenced CW_04 and shall be retained in perpetuity. Reason: To ensure compliance with the approved plans. C5 The parking space hereby approved shall at all times be made available for the parking of one private motor vehicles in association with the property "Oakfield", and shall be retained available for such use. Reason: To provide adequate parking provision to the dwellinghouse. N 1. The applicant is reminded that a S109 Highway agreement will be required for the installation

• of a dropped kerb vehicular access onto the highway.