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Application No.: 15/00810/A Applicant: Athol Street Auctioneers Limited Proposal: Approval in principle for demolition of existing disused auction buildings and commercial property and construction of 18 sheltered accommodation apartments with ancillary communal facilities, addressing siting and means of access Site Address: Mart Site Bowring Road Ramsey Isle of Man Case Officer : Mr Chris Balmer Photo Taken: 18.08.2015 Site Visit: 18.08.2015 Expected Decision Level: Planning Committee
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS A SECTION 13 LEGAL AGREEMENT RELATING TO AFFORDABLE HOUSING PROVISION IS POTENTIALLY REQUIRED
This application was considered by the Planning Committee and approved on the 4th July 2016. The approval was subject to a Section 13 legal Agreement regarding a commuted sum payment for the affordable housing provision.
As yet the decision notice has not been issued, as the applicant has since raised concern with Condition 5, which related to the age a person/s needed to be to occupy the sheltered units.
In the intervening period the applicant has considered the Condition requiring person/s being at least 65 years and has raised concerned, believing an age limit of 50/55 being more appropriate. The applicants on this matter state:
"A subsequent assessment has been made of the market, this has been reviewed with the additional age restriction and identified a significant negative effect on the demographic who may be potential purchasers. There are only 16000 people in the north of the Island and in the bracket 65-80 possibly 50% are provided for by government. Through communications with Brett Woods at DSC it has been confirmed that the age restrictions only apply to Public Sector sheltered accommodation. Further that there is no Departmental requirement for these (The Mart site) units to become public sector units and therefore the development will remain private ie there should be no 65yr occupancy condition, rather a 50/55 as originally discussed."
The Department does not have significant concerns relating to the altering of the age occupancy, although considers there should be a condition attached in relation to the age a person/s can occupy the sheltered housing. Accordingly, it is proposed to alter Condition 5 to read as follows:
"The occupation of the sheltered apartments hereby approved shall be limited to people aged 55 and over, except where the flats would be occupied by a couple, in which case one of the couple must be aged 55 or over.
Reason: The application has been considered and approved on the grounds that the apartments are to be used as sheltered housing accommodation only and the amount of parking spaces reflects this."
The remainder of this report has not been changed, except for Condition 5.
1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of the Mart Site, Bowring Road, Ramsey which is a parcel of previously developed land. The site is located between Bowring Road to the west and Derby Road to the north-east. - 1.2 Boundary walls which vary in height runs around all boundaries of the site and forms an enclosed site where a number of abandoned buildings and/or structures associated with the Mart agricultural activities took place. The previous use has not occurred for a number of years. - 1.3 The site also includes a traditional, three-storey building, which is in a poor state of repair and fronts onto Bowing Road. - 1.4 With the exception of the three storey building, the rest of the building is well screened from public views given it is set behind existing buildings and high walls that surround the site.
2.0 PROPOSAL - 2.1 The application seeks approval in principle for demolition of existing disused auction buildings and commercial property and construction of 18 apartments that are described as being 'sheltered accommodation' with ancillary communal facilities, addressing siting and means of access. - 2.2 The application comprises an indicative site plan and floor plans of the proposed development. The indicative site plan indicates that there would be four buildings proposed, three of three of which would be detached and be one to three storeys in height. The fourth building would be located on the footprint of the existing three storey building which fronts onto Bowring Road. This would be replaced with a new three storey building. It is indicated on the plans that there would be 17 two bedroom units and a single one bedroom unit. It is also proposed to have a communal lounge and laundrette facilities. - 2.3 Externally, it is indicated on the plans that there would be 12 off street parking spaces and a minibus/ambulance turning and parking area. The indicative scheme also shows how landscaped areas could be undertaken for the residents of the shelter accommodation. - 2.4 The site is currently accessed via a two way road (Cooperage Lane) which runs between Derby Road and the Bowring Road roundabout (adjacent to Shoprite car park & Ramsey Bakery). Cooperage Lane serves the site as well as the garage to the north and the offices on Bowring Road. These offices have access to their rear parking areas via a rear lane which joins onto Cooperage Lane and runs along the eastern boundary of the site.
3.0 PLANNING HISTORY - 3.1 The application site has been the subject of a number of previous planning applications and it is considered that the following are specifically material to the assessment of this current planning application: - 3.2 Approval in principle for a residential development of 22 apartments and five houses to replace existing auction house buildings - 08/00312/A - REFUSED for the following reasons: "R 1. Insofar as can be assessed from the detail contained within the planning application it is concluded that the proposed development of the application site for twenty seven residential units represents an over-development of the application site. Such level of development fails to respect the application site and surroundings in terms of siting, layout, scale, form, design and landscaping or buildings and the spaces around them. Furthermore, given the level of development and the constraints of the application site it would fail to provide a satisfactory standard of amenity for the proposed residential development and in particular acceptable levels of recreational space, amenity space, car parking provision, servicing and manoeuvring space. As such the proposed development
fails to accord or is contrary to the provisions of General Policy 2, Transport Policy 7 and Recreation Policy 3 of the Isle of Man Strategic Plan 2007.
R 2. By reason of the proposed level of development and the location of the application site within the existing urban area it is concluded that the planning application fails to provide evidence to satisfactorily evaluate the impact of the likely traffic generated by the proposal. As such the planning application fails to accord with the requirements of Transport Policy 8 of the Isle of Man Strategic Plan 2007."
3.3 Erection of 2 and 3 floor office block with parking to replace existing buildings - 1-2 And Mart Site, Bowring Road, Ramsey - 01/02676/B - APPROVED at Appeal. - 3.4 Approval in principle for office development - 1-2 And Mart Site, Bowring Road, Ramsey 00/01826/A - APPROVED at Appeal.
4.0 REPRESENTATIONS - 4.1 Ramsey Town Commissioners have objected to the application (received on 24.08.2015 & 22.01.16) for the following reasons:
"24.08.2015 - Request to defer any decision until the Commissioners have been provided with additional information. No objection to the principle of sheltered accommodation, there is insufficient information in respect of the ownership and legal access to the lane to the rear of the existing premises on Bowring road and the proposed one way system to Cooperage lane which although not part of the application would have an impact on the viability of the proposed layout. Their next meeting is 16th September.
22.01.16 - Insufficient information has been provided to allow Ramsey Town Commissioners to make a considered recommendation.
The Board originally considered this application in August 2015 and requested additional information in respect of the lane to the rear of the premises on Bowring Road and the proposed one-way system to Cooperage lane which is indicated on the Planning Submission. To date, these queries have not been addressed."
4.2 Highway Services do not oppose the application (received on 03/03/2016) and make the following comments: "We will accept the parking standard only if the apartments are to be sheltered housing and this is controlled in planning terms either by condition or use designation.
If the proposal is to be designed to Lifetime Homes standard as stated then the parking spaces should also meet those specifications.
The proposed turning space must not be used for parking as this may cause vehicles to reverse along the lane.
The proposed one-way order is currently being progressed through the relevant procedures and has been agreed in principle with Ramsey Town Commissioners. I have no timescale for this being implemented as it is subject to public consultation."
4.3 Environment, Safety and Health Directorate - DEFA - make no comments on the merits of the application but make the following informative comments (received on 23.07.2015):
"I write with reference to your above Application for Planning Approval which makes mention of your intention to create (a) new flat(s)/apartment(s).
I have to advise you that the proposed flats/apartments must, on completion of the intended works, comply with the requirements of the Housing (Registration) Regulations 2013 and be registered thereafter under the same Regulations Prior to any of the flats being occupied.
The Regulations are enforced by the Department on behalf of local authorities throughout the Island (with the exception of Onchan who have their own enforcement officers). Accordingly, we carry out inspections of new flats on their behalf in order to ensure compliance with the requirements of the Regulations, and prior to registration being granted."
4.4 The Callister Personal Pension Scheme, 29/31 Athol Street, Douglas (owner of Harding Lewis Ltd which is a neighbouring building) object to the application which can be summarised as (received on 03.08.15 & 14.01.16); removal of boundary wall and replacement with a fence will have the effect of diminishing the existing separation of the office property and proposed development; principal concern relates to the designated parking spaces which will be insufficient and result in persons parking on the designated office parking spaces which are privately owned for their office use; concerns of visiting vehicles (van/ambulances) will find it difficult to negotiate the lane in and out; concern of construction vehicles blocking lane which provide the access to the office; and the proposal to add a third storey to the apartment immediately facing the back of the office will have an overbearing impact upon the office and adjacent building resulting also in a loss of light and privacy of clients and staff. - 4.5 Harding Lewis Limited, Shannon Court, Bowring Road, Ramsey who occupies land adjacent to the application site, make comments to the application which can be summarised as (received on
4.7 The owners/occupiers of Glebe Cottage, Maughold make the following comments (received on 30.12.2015) which can be summarised as; it is not before time that something is done about this site as its ruinous state is a disgrace to the town; however the scheme appears exceedingly overdense; there must be overlooking from within the new blocks to the cottages in Temperance Row; car parking is well below normal standards and site can accommodate more; a scheme for 12 might be more acceptable and we recommend the application should be refused. - 5.0 PLANNING POLICY
5.1 In terms of land use planning the application site is located within a wider area of land that is designated as mixed use (town centre) under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998. There are no policies with Planning Circular 2/99, the written statement that accompanies the local plan, considered specifically material to the assessment of this current planning application. The site is not within a Conservation Area nor is the site Registered or any buildings within it.
5.2 In terms of strategic plan policy, the Isle of Man Strategic Plan contains a number of policies that are considered specifically material to the assessment of this current planning application: - 5.3 Strategic Policy 1 states: "Development should make the best use of resources by:
5.4 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:
5.5 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
5.6 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." Current car parking standards are set out at appendix 7 of the Isle of Man Strategic Plan 2007. - 5.7 Housing Policy 5 states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more." - 5.8 Recreation Policy 3 states: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential
6.1 The key material planning issues are as follows:-
6.2 In terms of the principle of development it is concluded that the shelter housing residential development of the application site accords with the land use designation set out by the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998, as mixed use is reasonably taken to include all types of residential development. Furthermore, the location of the application site on the periphery of the town centre suitably limits any potential harm to retail vitality and viability. - 6.3 Given that the application site contains redundant buildings it is considered that the proposal potentially represents the re-development of previously-developed land. Therefore in terms of the principle of residential development it is concluded that the proposal basically accords with Strategic Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2007. - 6.4 However, it still remains necessary to assess the proposed development against other relevant planning policies and the physical constraints of the application site. Whilst the planning application seeks approval in principle it does include details of access and siting of the buildings which are to be considered at this stage, and does seek approval for a specified number of units
(18). All other matters are reserved for a future Reserved Matters application. The application does however include an indicative site plan (parking/landscaping) and floor layouts of the units, which is taken to reasonably represent the form of development that would be required to be achieving the proposed level of residential development. Assessment of the planning application is therefore made using the indicative site plan and floor layouts as a reasonable reference point.
6.5 Perhaps the main issue with the proposal relates to the description and proposed use of the site. The proposal is for 'Sheltered Accommodation', but the information provided by the applicants indicates this accommodation would be for persons over 65 years old and above only (initially it was proposed the units were for persons being 50 years old and above). This does not automatically mean the units are 'Sheltered Accommodation'. - 6.6 The Isle of Man Strategic Plan does not define what is "Sheltered Housing"; but generally there are many different types of sheltered housing schemes. Some will have a scheme manager (a warden) who lives onsite or offsite, and all should provide 24-hour emergency help through an alarm system. Accommodation is usually self-contained, but there are often communal areas, such as the lounge, laundry room and garden. Many schemes run social events for residents. Extra-care sheltered housing provides for greater support. This allows you more independence than living in a care home, as you would still live in a self-contained flat but would have your meals provided and may also receive personal care.
6.7 Advice was sought from the DOI Housing Directorate to seek if they had a definition for "Sheltered Housing". They make the following comments:
"In the UK standards for sheltered housing were laid down in the 1969 Ministry of Housing and Local Government circular 82/69, which introduced the concepts of category 1 and category 2. In category 1 schemes, communal facilities and a resident warden are optional. Dwellings can be bungalows as well as flats. Lifts are not usually provided. The circular intended that category 1 provision should be for the relatively independent elderly. Category 2 schemes comprise flats under one roof, and there must be communal facilities, resident wardens and lifts.
"It appears from my limited historic records that we first started developing public sector sheltered on Island around the 1970's to a very similar model so I would assume that this UK policy was the source of or informed our current Island model and policy. Although Circular 82/69 has not been mandatory in the UK since 1980 and there are now a range of much higher level of support models in operation in other jurisdictions, we on Island are still only delivering public sector sheltered to the basic Cat 1/Cat 2 Standards although this may change in the future. What we currently describe as Older Person's Housing in our general public sector housing stock - whereby we allocate only to those aged 50/55 or over (no communal facilities or warden) is essentially basic Cat 1 under the 1969 definition."
6.8 The applicants have indicated that;
"At this stage we don't know who would be running the site. STP our client wants to open negotiations with potential operators. It is proposed to sell the units and offer a 'Care' element hence the office, lounge and laundry proposal. This would be provided through a service charge and open to the 'occupiers'. There are no proposals have a resident warden."
6.9 The submission also indicated that the units would be restricted to persons aged 65 years old and above. The indicative layout does provide space for a communal lounge, laundrette, office, all units above ground floor being accessible via lifts, open space provision/gardens/garden seating for residents on site; mini bus/ambulance turning and parking, and security gates around the perimeter of the site. The indicative internal layout plan also shows the units would be mainly two bedroom units, each with a lounge/kitchen, bathroom and some of the units include internal store rooms. The application also states that the units are designed to the "Lifetime Homes" standard which enables the units to be altered easier in the future to supports the changing needs of individuals and families at different stages of life. - 6.10 The concern is whether the units are essentially the same as normal residential apartments and by using the terms "Sheltered Housing" this reduces the parking standards required. However, whilst there was an initial concern with the proposal in relation to this, following discussions with the applicant and additional information being provided, the department is satisfied at this time, that the proposal would comply with the description of being "Sheltered Housing". The potential visual impact on the street scene: - 6.11 As indicated previously within this report, given there are existing buildings and walls which surround the site; it is likely the majority of the site would be screened from public views, particularly along Bowring Road, Derby Road and the Quayside. The siting of the buildings is a matter to be considered at this stage. The building which would be most apparent would be the replacement three storey building which fronts onto Bowing Road. Of course without details elevational plans it is difficult to fully assess the potential visual impacts of the development at this stage and would be a matter for the Reserved Matters stage. However, it is considered at this stage that an appropriate development scheme could be designed which would fit within the street scenes and area.
6 spaces required under the parking standards.
6.14 Consideration is also given to the fact the site is within Ramsey town centre and is within walking distance of shops, facilities and public transport links. Accordingly, the site is within a sustainable location as well as providing the parking standards for this type of development. - 6.15 Concerns have been raised by the owner and occupants of the neighbouring office building, one principle concern relates to parking and that residents and visitors to the site could park in the dedicated private office spaces. Whilst this concern is understandable, the fact the proposal overprovides on the required parking provision on-site and as there is very close public parking on the quay side and within the car park adjacent to Shoprite on the opposite side of Bowring Road; it is considered the likelihood of people parking in the office spaces would be reduced and is not considered a sufficient reason to warrant a refusal of the application. Consideration should also be given to the previous use of the site and the traffic associated with that use. The potential impact on buildings of interest within the site: - 6.16 A comment has been raised that there is a building of potential interest to the rear of the existing three storey building which fronts onto Bowring Road. Visiting the site the building is in a very poor state of repair and architecturally did not appear to be of significant interest. The building is not Registered nor on the list for possible Registration. Accordingly, for these reasons it is not considered the application should fail no this basis. The potential impact on neighbouring properties: - 6.17 In terms of the potential impact upon neighbouring properties it is considered there are a number of properties potentially affected by the development. As indicated previously, as there are no detailed elevations a full assessment on this matter cannot be made at this stage. However, the indicative drawings do indicated the siting of the buildings and indicate how many storeys they would be. Accordingly, it is considered a reasonable consideration can be given to the potential impacts upon neighbouring amenities. - 6.18 Along the southern boundary of the site is Nr 1 to 7 Temperance Terrace which is two storey traditional terrace dwellings, the frontages of which directly face towards the application site. Currently, views from the front windows of these dwellings are of a continuous stone wall approximately ranging from 1.5 to 2 metres in height, located 4 metres from the front elevations. Furthermore, a warehouse building (Dutch barn in appearance) is located along this same boundary
"In terms of affordable housing need we do currently have a waiting list of 337 people for public sector sheltered [housing] but if approved by Tynwald in March the criteria for access to public sector housing will change and access to some property owners and those with significant assets will be restricted which may reduce the list - in addition because of the communal nature of some facilities it could be very difficult to manage a Scheme which was only partially public sector with the head lease etc. owned by others so public sector is probably not an easy option in terms of affordable housing use. As mortgage availability will be more restricted and those in this age group are less likely to be First Time Buyers we also do not currently have a Scheme under which we could assist with the sale of any affordable units for purchase to eligible persons. However commuted sums could be reinvested in other affordable housing provision."
6.22 Accordingly, it is recommended that a Section 13 Legal Agreement should be entered into which requires a commuted sum be payable.
7.1 In conclusion, it is recommended that the planning application be approved on the planning policy grounds that the proposed development would be acceptable to the Isle of Man Strategic Plan (June 2016) and Ramsey Local Plan 1998 - Planning Circular 2/99. - 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:
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.
8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
8.3 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
Recommendation Recommended Decision: Approve subject to Legal Agreement Date of Recommendation: 27.06.2016
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
Reason: The application has been considered and approved on the grounds that the apartments are to be used as sheltered housing accommodation only and the amount of parking spaces reflects this.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Refused Committee Meeting Date: 17.10.2016 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
Application No. : 15/00810/A Applicant : Athol Street Auctioneers Limited Proposal : Approval in principle for demolition of existing disused auction
buildings and commercial property and construction of 18 sheltered accommodation apartments with ancillary communal facilities, addressing siting and means of access
Site Address : Mart Site Bowring Road Ramsey Isle of Man
Presenting Officer : C Balmer
The Planning Committee considered the application and the age limited being conditioned which was proposed to be altered by the applicant from the originally accepted 65 years old and upwards to the now proposed 50/55 years old and upwards and concluded that the likelihood of owning and operating more than one vehicle per household with reference to the younger age of the proposed occupiers was greater, and therefore came to the conclusion that there was more likelihood of this happening within the younger age range the apartments were aimed at.
R 1. As the proposed sheltered housing would be occupied by persons aged 50/55 years of age and upwards it is considered this younger age range would have a greater level of vehicle ownership among persons within this age group than at the initial age range of 65 years which was previously deemed appropriate and above and therefore the parking standard for the proposed sheltered housing is considered to be insufficient and would potentially have a detrimental impact on-street parking in the surrounding area contrary to Transport Policy 7 of the Isle of Man Strategic Plan.
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