Officer Report

Application No.: 16/00990/C Applicant: Mr Kenneth Oakes Proposal: Change of use from tourist to residential accommodation Site Address: 103 Viking Apartments St Pauls Square Ramsey Isle Of Man IM8 1LE Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site comprises the curtilage of 103 Viking Apartments located within the west wing of the former Viking Aparthotel in Ramsey. The former Viking Aparthotel is a large building comprising retail use, residential accommodation, tourist accommodation and offices. The building is three storeys tall, with eastern, southern and western sections. The part of the site which is subject to this proposal is specifically the first floor of the eastern section.

2.0 THE PROPOSAL - 2.1 The application seeks approval for change of use of the unit from tourist to residential accommodation. The unit would be a studio apartment with separate kitchen and shower rooms. The flat would be accessed from stairwells to the east and south, leading to the first floor corridor which runs down the eastern side of the block, with windows on the eastern side. Within the flat, the shower room and kitchen would be internal rooms, but the main living space would have windows on the western elevation looking out over St. Paul's Square. - 2.2 The flat is considered to be small in size, having a floor area of 30 square metres, which is the minimum size required under the Housing (Flats) Regulations 1982 for single person occupation on a permanent basis.

- 3.0 PLANNING HISTORY

3.2 The following previous planning applications are considered relevant in the assessment and determination of this application;

01/01562/B - Permitted on Review 21.02.02 Change of use of second floor apartments to office accommodation. (This approval relates to apartments 231 to 242 inclusive, which are now subject to this current application).

• 07/01626/C - Permitted 26.10.07 Change of use from tourist accommodation to permanent studio apartments. (This approval relates to apartments 110 and 111 on the first floor of the eastern section of the building).
• 08/01908/C - Permitted 20.01.09 Change of use from tourist to residential.

(This approval relates to apartments 243 to 253 on the second floor of the southern section of the building).

08/02230/C - Permitted 02.02.09 Change of use from tourist to residential. (This approval relates to apartments 103 to 105, 107 to 109 and 112 on the first floor of the eastern section of the building).

10/01119/B - Permitted 15.03.2011 Conversion of existing offices to twelve permanent apartments. (This approval relates to apartments Units 231-242 on the second floor of the eastern section of the building).

- 4.0 DEVELOPMENT PLAN POLICIES

4.1 In terms of local plan policy, the eastern section of the Viking Aparthotel subject to this proposal is located within an area designated as Predominantly Residential Use in the Ramsey Local Plan (No. 2) Order 1998, Map No. 2 (South). The southern section of the site is located within an area designated as Mixed Use. The site is not located within a Conservation Area, but does border the south of Ramsey Conservation Area, which extends around St. Paul's Church which itself is a Registered Building.

4.2 The relevant planning policies from the Isle of Man Strategic Plan 2007 are: - 4.3 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."

4.4 Housing Policy 17 states; "The conversion of buildings into flats will generally be permitted in residential areas provided that:

• (a) adequate space can be provided for clothes-drying, refuse storage, general amenity, and, if practical, car-parking;
• (b) the flats created will have a pleasant clear outlook, particularly from the principal rooms and
• (c) if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area."

4.5 Environment Policy 36 states; Where development is proposed outside of, but close to the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area." - 4.6 Government Circular No. 293/82, The Housing (Miscellaneous Provisions) Act 1976, The Housing (Flats) Regulations 1982, contains the following information about occupancy which is considered relevant to this application; "Schedule 2, Maximum Occupancy Net floor area (flats for permanent occupation); 30 sq. m. or more but less than 45 sq. m. Maximum number of occupants; 1"

- 5.0 REPRESENTATIONS

5.1 Highway Services do not oppose (on 26.09.2016). - 6.0 ASSESSMENT

6.1 As stated earlier in this report, the application site is located within a wider area of land that is designated as predominantly residential use under the Ramsey Local Plan. Given that the use of the proposed development would be residential, it is concluded that there is no issue with the general principle behind the proposal. Material planning weight should also be attached that a very similar scheme (10/01119/B) has recently been approved at second floor of the building. The purpose of this planning application is to examine the site specific impacts of the proposed development. In terms of that the three issues to assess are the impact on private amenity of future occupants and the impact on-street parking in the area. The proposed development is not considered to affect any other obvious material planning considerations.

6.2 In terms of the impact on private amenity for future occupants, it is noted the apartment would essentially provide a studio apartment given its size and under the Housing Regulations the unit could only be occupied by a single person. - 6.3 As outlined within Housing Policy 17 any apartment needs to have a "pleasant clear outlook, particularly from the principal rooms". The apartment in this case would obtain views from the main principal living spaces from the front windows to the west. This is considered acceptable in this case. Bin storage is already exists (communal bin stores) and therefore this aspect complies with the policy. Overall, whilst the unit is small, it is considered to provide an adequate amenity level for future occupants and therefore the proposal from this aspect is acceptable. - 6.4 Turning to the impact on highways, the key issue to consider is car parking provision. If this were a new development for a single one bedroom apartment then a total of 1 parking space would be required to be provided on site. The applicant indicates that there is no existing parking space associated with this unit nor is one proposed. Accordingly, it could be concluded the proposal is contrary to the Parking Provision of the IOM Strategic Plan. However, the plan does indicate that the parking standards may be relaxed where development:

• (a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or
• (b) would result in the preservation of a sensitive streetscape; or
• (c) is otherwise of benefit to the character of a Conservation Area.
• (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality.

6.5 Highway Services have considered the scheme and indicated that they have no objection. - 6.6 Overall, it is considered given, the site is within the town centre close to services, shops and employment, close to public transport links; the existing tourist unit could also generate parking requirements; and as there has been no objection from the Highway Services or neighbours, it is

• therefore concluded that the lack of off street parking provision in this case is acceptable and would not significantly effect on street parking in the locality.
• 6.7 Similarly, there would be no change to the appearance of the building and little change in the nature of its use so it is concluded that there is no adverse impact on the character of the Conservation Area.

- 7.0 RECOMMENDATION

7.1 For the reasons outlined above it is considered that the planning application is in accordance with General Policy 2, Housing Policy 17 and Environment Policy 36 of the Isle of Man Strategic Plan 2007 and the Ramsey Local Plan and it is therefore recommended that the planning application be permitted.

7.0 RECOMMENDATION - 7.1 For these reasons the proposal is considered to comply with the relevant polices of the Strategic Plan and therefore recommended for an approval.

- 8.0 PARTY STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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;
• (d) The Highways Division of the Department; and
• (e) The local authority in whose district the land the subject of the application is situated.

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: 27.09.2016 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.

This approval relates to the submitted documents and drawings all received on 22nd August 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: 28.09.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.