131703

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 16/00058/C Applicant : Miss Jane Jordan Proposal : Change of use of basement office / store to a beauty salon and ground floor office to a hair salon Site Address : 9 Auckland Terrace Parliament Street Ramsey Isle of Man IM8 1AF

Case Officer : Miss Abigail Morgan Photo Taken :

Site Visit : 11.02.2016 Expected Decision Level : Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE

1.1 The application site is No. 9 Auckland Terrace, Parliament Street, Ramsey. The site comprises a mid terrace three storey town house of traditional Georgian form. The site forms part of the built frontage to the north side of the western end of Parliament Street. The adjacent properties seem to be in a mixture of uses, office, and residential use or have permission for retail (no 8). There are shops to the other side of the road. There is rear access to the terrace via Auckland Lane, which is accessed off West Street. This serves a small enclosed yard and parking area at the back of the property.

1.2 No. 9 Auckland Terrace is a Registered Building (No. RB 152), which is part of a wider registration covering 3, 4, 5, 6, 7, 8, 9 & 10 Auckland Terrace & West House.

2.0 THE PROPOSAL

2.1 The application seeks planning approval for a change of use of the ground floor to hair salon and beauty salon in the basement.

2.2 The hair salon opening hours are proposed to be Tuesday, Wednesday, Friday and Saturday 0930 - 1430 and beauty salon Monday and Friday 0900-2100, Wednesday and Thursday 1000-1400 and Saturday 0900-1700. Staff would park at the rear which would also provide for deliveries and servicing.

3.0 PLANNING HISTORY

3.1 The site has no relevant planning history.

4.0 PLANNING POLICY

4.1 The area is identified as being part of the Town Centre (mixed use) by the Ramsey Local Plan 1998.

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4.2 The following policies in the Ramsey Local Plan 1998 are relevant:

Policy R/TC/P1 Retail Uses

'There will be a general presumption in favour of retention of retail uses at ground floor level in the main shopping streets (Peel Street, Bourne Place, Market Hill, Market Place (West), Parliament Street (excluding Auckland Terrace), East Street, Parliament Square (East side). Office uses (including finance related establishments) at ground floor level will not be permitted to occupy more than 30% of the street frontage in any one block between public and vehicular highways to these streets.'

Policy R/TC/P3 Upper Floors

'The use of upper floors as retail units, offices and apartments shall be encouraged particularly where premises are currently vacant (see also Policy R/R/P4).'

Policy R/TC/P3 Upper Floors

'There will be a general presumption in favour of ground floor office use in both Auckland Terrace and Water Street.'

4.3 The following policies in the Isle of Man Strategic Plan 2007 are relevant:

Strategic Policy 4 states:

'Proposals for development must:

(a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest; (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) not cause or lead unacceptable environmental pollution or disturbances

General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant:

'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:

(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;

Environment Policy 33 states:

'The change of use of a Registered Building will only be permitted if the proposed use is appropriate and any alterations associated with the change of use are not detrimental to its character as a building of special architectural or historic interest.'

Transport Policy 7 of the Isle of Man Strategic Plan 2007 is relevant:

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'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'

4.4 Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area.

4.5 Policy RB/3: General criteria applied in considering Registered Building applications, states:

'The issues that are generally relevant to the consideration of all registered building applications are:

The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;

The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register;

The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings).'

4.6 Policy RB/4: Use

'In considering a proposal for change of use of a registered building, the principal aim should be to identify the optimum viable use that is compatible with the fabric, interior and setting of the building, all of which affect its special character as a building of merit. An applicant will have to illustrate that the effect of any proposed changes upon the architectural and historic interest of the building will be minimised.'

5.0 REPRESENTATIONS

5.1 Ramsey Town Commissioners raise no objection to the proposal. 23.02.2016.

5.2 Highways, do not oppose with comment, but the following comments 'Disc parking is available for clients with a maximum stay of one hour no return within 2 hours. Staff would need to demonstrate their parking arrangement.' 25.1.16. Following receipt of the following information, Highways were satsified and amended their comments to a do not oppose. 26.02.16.

"There are only 2 members of staff at this time, thus providing 50% staff parking in a town centre situation.

There are a number of public parking options within easy walking distance of the application site:- o Public car park at Shoprite o Public car park at Albert Road, o Unrestricted on street parking on Brookfield avenue and beyond.

The applicant lives approximately a mile for the site is a keen walker and cyclist, and would opt to "commute" by these means whenever possible.

We would hope that this responds sufficiently to the matter raised by Highways and look forward to your response. The applicant would be grateful of a timely response so you assistance in this would be appreciated. "

6.0 ASSESSMENT

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6.1 The application is for two uses; hair dressing falls within Class 1 Shops (under PD Order 2012) while the beauty salon would be sui generis (a class of its own). The main issues are the principle of the uses in this location; effect of the proposal upon the special qualities of the Registered Building; effect of the proposal upon the amenities of surrounding properties and access and parking.

Whether this is an acceptable location in principle for retail use

6.2 The site is within the town centre (mixed use) according to the Ramsey Local Plan 1998 where retail use of premises is normally acceptable in principle. However, Policies R/TC/P1 and Policy R/TC/P4 of the Local Plan suggest that office use would be preferable at ground floor for the properties on Auckland Terrace, Parliament Street. This is probably in acknowledgement that these properties have the character of townhouses set back from the road, rather than a typical shop building with shop front and position immediately on the back edge of the footway.

6.3 In this case, the proposed uses are more destination places with less reliance on "window shoppers". It is considered that the ground floor and basement of this building would be suited, in principle, to a hair salon and a beauty salon, which offer complementary services.

6.4 In the event that approval is granted, a condition would be necessary to prohibit other retail uses taking place as a permitted change under the Town and Country Planning (Development Procedure) Order 2013 in relation to the ground floor hair salon, as these may not be considered acceptable in this location..

The effect of the proposal upon the special qualities of the Registered Building

6.5 No physical alterations are proposed by the application, either inside or to the exterior of the building. It is considered that the proposed uses would not be harmful to either the architectural or historic qualities of the Registered Building. The proposed use, if implemented, would help keep the building in a suitable active use which is welcomed.

The effect of the proposal upon the amenities of surrounding properties

6.6 The proposed uses of the building does not give rise to any particular concerns about impacts on the amenities of surrounding properties. While the application makes it clear with regards to opening hours for both uses, it is considered that the wider of those hours are considered acceptable, however due to the proximity of some residential properties anything outside of those hours would be considered intrusive upon residential amenity.

Access and parking

6.7 Vehicular access and servicing would be from the lane at the rear. There is space in the rear yard for staff and customer parking if required. In any event, the site is a central town centre location with good access to public parking. The Highways Division offers no objection to the application and are satisfied with the on site parking and the alternatives available for staff and clients.

Other matters

6.8 A hair salon falls within Class 1 Shops while a beauty salon would be sui generis use. As the application has been assessed on the proposed coming forward as complementary uses, a condition is proposed restricting the hair salon to that specific use and preventing a move between the uses set out in Class 1 shops, in order that any alternative uses within the same Use Class having further consideration.

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7.0 RECOMMENDATION

7.1 It is recommended that approval is granted.

8.0 PARTY STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 10.03.2016

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 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), the ground floor shall not be used other than as an hair salon and for no other purpose in Class 1 of Schedule 4 of the Order at any time.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.

C 3. The use hereby approved shall not be undertaken outside the following times:

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0900 and 2100 hours Monday to Saturdays.

The use shall not be undertaken at any time on Sundays and/or Public Holidays.

Reason: In order to maintain the amenities of the area.

This approval relates to drawing numbers 16/2514/01 and 02 both date stamped as received 19 January 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted

Date: 10.03.2016

Determining officer

Signed : C BALMER

Chris Balmer

Senior Planning Officer

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