DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 21/01465/B Applicant: Hartford Homes Ltd Proposal: Creation of public open space Site Address: Phase 2 Royal Park The Vollan Ramsey Isle Of Man Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Approve subject to Legal Agreement Date of Recommendation: 25.01.2022

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.

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

It is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan and the Ramsey Local Plan and have no adverse impacts upon public or private amenities.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 10.12.2021. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS A SECTION 13 LEGAL AGREEMENT (DEED OF VARIATION) IS REQUIRED

1.0 SITE - 1.1 The site is a parcel of land which was approved for Public Open Space in association with the housing development to the south of the site. The site is to the North of the Royal Park housing development which is partially complete.

2.0 PROPOSAL - 2.1 The application seeks approval for the creation of public open space to the land to the northern part of Royal Park housing development. The site would include a Micro Forest. The same site (location and size) has previously been approved under PA 16/00232/B as Public Open Space. This application proposes an amended scheme to that with different layout, new position of footpath, introduction of seating area and a new micro forestry. The scheme as a whole would increase biodiversity on the site. - 2.2 The applicants comment: "The reason for varying the layout is to try to maximise the ecological benefit of the new area, with the aim of offsetting climate change by increasing the carbon sequestration potential of the land, whilst balancing this with the need to provide usable open space for the public.

The revised layout is very similar to that previously approved, with the difference being in the form of construction and choice of planting being used to maximise on ecological potential."

2.3 Further they state; "The redesigned layout will include;

• o A 'Micro Forest' area - a dense, fast-growing native urban woodland bursting with biodiversity and which can thrive in areas as small as a tennis court. The trees grow more rapidly, storing CO2 and keep the air clean.
• o Landscaped public green areas including seating
• o Native wildflower borders, which potentially have deeper root systems to aid carbon sequestration, when compared to standard utility grass.
• o Dense boundary hedge planting that will provide habitat for small animals and birds
• o Realigned footpath to aid access through the new area"

2.4 The works have been produced in conjunction with the Manx Wildlife Trust.

3.0 PLANNING POLICIES - 3.1 The application sites are within an area recognised as being an area of "Proposed Residential" 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 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."

4.0 PLANNING HISTORY - 4.1 The following previous planning application is considered relevant in the assessment and determination of this application: - 4.2 Erection of a residential development of 81 dwellings with associated hard and soft landscaping and on site infrastructure - 16/00232/B - APPROVED at Appeal. This included a condition which directly related to this site: "C 4. The last dwelling of the development hereby approved shall not be occupied until the areas of public open space referred as "Amenity Area" shown on drawing 01 REV E have been turfed with grass, including the footpaths and landscaped as proposed and all made available for recreational use. Any trees or plants which within a period of five years from the completion of the development die, are removed, 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 adequate Public Open Space provision is provided."

5.0 REPRESENTATIONS - 5.1 The Ramsey Commissioners have no objection (21.01.2022). - 5.2 Department of Infrastructure Highways Services do not object (22.12.2021). - 5.3 Ecosystem Policy Officer (DEFA) supports the application commenting the proposals will increase biodiversity value of the public open space (31.12.2021).

6.0 ASSESSMENT - 6.1 The main considered is whether the proposals would be acceptable upon the visual amenities of the street scene and appropriate Public Open Space. Impact upon the visual amenities of the street scene - 6.2 The proposal which essential increase the amount of tree planting, creates a seating area and alters the position of the public footpath slightly are all consider to be acceptable in terms of the visual impact. It is considered the proposed changes would have a positive impact upon the street scenes from this respect. Appropriate Public Open Space - 6.3 The area of Public Open (POS) space remains the same, albeit the planting proposed and footpaths have been altered. It is considered the proposed POS would be a pleasant place to be and use, while offering an improvement to biodiversity on the site/area. It is understood Ramsey Commissioners are in agreeable to adopt the public open space.

7.0 LEGAL AGREEMENT - 7.1 A new Section 13 Legal Agreement (Deed of Variation) would be required to be undertaken to ensure the new area of open space hereby approved and the proposals within it are completed and maintained thereafter.

8.0 CONCLUSION - 8.1 Overall, for the reasons indicated with this report it is concluded the proposals complies with the relevant planning policies of the Isle of Man Strategic Plan and the Ramsey Local Plan and have no adverse impacts upon public or private amenities and therefore it is recommended the application is approved.

9.0 INTERESTED PERSON STATUS - 9.1 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.

9.2 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

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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : …Permitted……….... Committee Meeting Date:…02.02.2022 Signed :…………C BALMER……….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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