180023 — 18/00970/C | Planning Portal IoM | Isle of Man Planning Portal

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/00970/C Applicant : Timothy Richard Pressley Proposal : Change of use of existing retail and office space to funeral directors Site Address : 3 And 5 Waterloo Road Ramsey Isle of Man IM8 1DR

Planning Officer: Mr Owen Gore Photo Taken : 30.10.2018 Site Visit : 30.10.2018 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 20.12.2018 __

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. The development hereby approved shall not be occupied or operated until the parking area within the rear yard has been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and vehicle movements associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking of vehicles in the interests of highway safety, in accordance with General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information:

This planning permission relates to the following plans and documents: -

Planning Statement Location Plan Site Plan Floor Plan as Existing (No.3) Floor Plan as Existing (No.5) Floor Plan as Proposed Existing Photograph - Front Elevation

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Existing Photograph - Rear Elevation and Yard Access Date-stamped as having been received 13 September 2018

Email dated 04 December 2018

Interested Person Status - Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Independent Methodist Church as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).

It is recommended that the owners of the following properties should not be given Interested Person Status as they are considered not to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Westholme, Shore Road, Kirk Michael, IM6 1HA as they do not own or occupy property that is within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. They have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status July 2018).

Belgravia Road, Onchan, IM3 1HN on behalf of Silver Star Chinese Takeaway, 1 Waterloo Road, Ramsey, IM8 1DR; and Mrs Doreen Quilliam of 7 Waterloo Road, Ramsey, IM8 1DR. The development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; however although they do appear to own or occupy property that is within 20m of the application site, they have not explained how the development would impact the lawful use of land owned or occupied by them in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Department's Operational Policy on Interested Person Status July 2018). __

Officer’s Report

THIS APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE AS IT IS CONSIDERED TO BE A DEPARTURE FROM THE LAND-USE DESIGNATION.

THE SITE 1.1 The application site is part of a row of terraces, three of which are of a similar period and occupy the corner of Chapel Lane and Waterloo Road. The site is opposite the Ramsey Methodist Centre. Access is available to the rear of the property via the car park that is accessed by College Street and exited via Chapel Lane to form a small one-way system.

1.2 The property has a rear yard that includes a vehicle access onto the rear car park.

THE PROPOSAL 2.1 The proposal is for the change of use of an existing retail unit with office space into a funeral directors. The proposed use includes a main office/reception that will allow for some interaction with customers and a meeting room in the ground floor of No.5, with storage and

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staff facilities on the first floor. On the ground floor of No.3 will be the Chapel of Rest and two workshops.

PLANNING POLICY 3.1 The site is shown on the Ramsey Local Plan Order 1998 map No.2 as being within the local plan area and the property is designated within an area of 'Predominantly Residential Use'. The site is not within a Conservation Area; however the boundary for the Ramsey Conservation Area runs along Chapel Lane to the north west of the site.

3.2 Although the land use is technically residential, as the existing use is thought to be retail/office, General Policy 2 is considered to apply in this instance. GP2 applies to proposals that are in accordance with the land-use zoning and states that development will normally be permitted where it: -

(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; (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;

3.3 Business Policy 10 states that 'Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5'.

3.4 Community Policy 4 states that 'Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable'.

PLANNING HISTORY 4.1 The previous planning applications are not considered to be specifically material in the assessment of the current application; however have been noted as the following: -

o 91/01621/C - Change of use to retail shop and taxi office, 5 Waterloo Road, Ramsey. Permitted 01.01.1994 o 92/00888/B - Alterations to create additional living accommodation, 5 Waterloo Road, Ramsey. Permitted on Review 01.01.1994 o 95/00395/C - Change of use from dwelling to store, 5, Waverley Terrace, Waterloo Road, Ramsey. Refused 18.09.1995

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 No representation from the Department of Infrastructure (DOI) Highways Division has been received at the time of writing.

5.2 Ramsey Town Commissioners have commented on this application and stated that they do not object in the letter dated 23 October 2018.

5.3 There have been 4 objections received from members of the public and/or adjoining or nearby businesses. The key planning points raised are as follows: -

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o Impact to highway (Waterloo Road) as a main arterial route with double yellow lines and adjacent tram station; o Concern regarding the potential congestion in the car park to the rear in relation to parking, vehicle movements and the rear doors to the adjacent community use; o Impact to adjoining takeaway business, due to the nature of the proposed use adjoining a food outlet; o Impact to staffing accommodation and discomfort for current or future occupants due to the nature of the proposed use; o Cultural differences/attitude to the proposed use, where seeing coffins and people mourning is distasteful and offensive, and is bad luck; o Impact to property values, where it may increase difficulty of renting, selling or leasing property in the future and could jeopardise future developments in the area; o Noise from adjacent property would impact the proposed use; o Impact on the use of the car park to the rear in conjunction with potential future development over the road.

ASSESSMENT Principle 6.1 the proposal is a change of use of what understood to be a retail unit that has also previously been used as a taxi office; at the time of visiting the rear yard appeared to be being used to store marine and/or fishing equipment. It is not explicitly clear what the lawful use of each part of the building is; however the application ref: -91/01621/C included the change of use of the retail shop at No.5 into a taxi office, which was thought to apply to the ground floor. The application ref: - 92/00888/B for the alteration to create additional living accommodation at No.5 is thought to relate to the first floor and application ref: - 95/00395/C for the change of use from a dwelling to store converted this first floor accommodation back to a business use. The building is understood to have been vacant for a number of years.

6.2 Although it is located in a residential area, the premises have been previously used for retail or other business uses. The applicant has described the nature of the use generally, how it typically operates and the proposed use is considered to be broadly in keeping with the types of businesses that have previously operated from the site. The use doesn't fit neatly into any of the use classes; however, although it can be considered distasteful, it is reasonable that the business can operate in a residential/town centre location without detrimentally affecting the neighbouring residents of impacting the character of the area.

6.3 The principle for the change of use is therefore acceptable, subject to the considerations below.

Character and appearance 6.4 This proposal does not include any works to the external elevations of the building or the erection of any signage, which would require consent in its own right.

Impact to neighbours 6.5 Part (g) of General Policy 2 states that proposals should not adversely affect the amenity of local residents; the objections received relate primarily the nature of the business next to other businesses and residential properties, and to the potential impact on parking and potential disruption to the highway network; the highways concerns have been addressed below.

6.6 Although the proposed use can be considered distasteful to anyone, regardless of culture, the proposed use provides a necessary service to the community. In of itself, discomfort with the principle of a use due to the expired nature of its customers, is considered not to be a direct impact to the amenity of the local residents in planning terms. Due to the sensitive nature of the business, it is reasonable to assume that the services is carried out with the upmost respect for their customers, therefore limiting the view of or potential exposure of the activities to the local residents.

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6.7 The proposed use will not introduce any new impacts in terms of overlooking, overshadowing or overbearing; nor will it unacceptably harm the environment and/or the amenity of nearby properties in terms of vibration, odour, noise or light pollution. The only likely, potential disturbance will arise from the general use and requirement for access outside of standard working hours, between 9pm and 5pm on Monday to Friday.

6.8 The applicant has confirmed that the office and chapel of rest are only open during normal office hours; the applicant currently offers a 24hr service from their existing premises, to deal with deaths which happen outside of these hours. It would involve collecting bodies of the deceased from their home at any hour of the day or night, but there would not be any appointments outside of office hours and the office would be unmanned. The disruption caused to neighbours as a result of these activates is unlikely to be significant based on the potential capacity and the likely frequency advised by the applicant.

6.9 It is therefore considered unlikely that the business would result in significant harm or undue impact to the neighbouring residents of businesses.

Highways and Parking 6.10 Parts (h) & (i) both concern highways, stating that the proposal should provide satisfactory amenity standards, including adequate parking, servicing and manoeuvring space; and that they do not have an unacceptable effect on road safety or traffic flows on the local highways.

6.11 The applicant has confirmed that in terms of the non-customer related activities, the hearse and limousine will be stored offsite and only come to the main office when required immediately prior to a funeral, and although loading or unloading of the bodies of the deceased is required, the rear yard area will be available.

6.12 As stated above, coffins will be stored off-site, save for a few which are used as display models and therefore deliveries can be sent to this address and shouldn't require deliveries being made to the application site. There will not be any requirement for potentially hazardous chemicals being stored on-site or that would require specialist contractors to deliver to or collect from the site; it is understood that embalming does not take place in the majority of people, but when it is necessary the embalmer brings all of their own equipment with them in a small van which will easily fit in the rear yard at this site.

6.13 There is currently 3 full time members of staff, 2 of whom live in Ramsey and walk to work and 1 who drives, and there is 1 company pool car that is used for home visits to customers properties. The area of this yard is approx. 90m2 or 10m long x 9m wide, so the area should be sufficient for parking 3-4 vehicles based on the parking space standard of 5m x 2.5m for each space. Manoeuvring would be difficult on-site; however the worst case scenario would only require users to reverse out of the site into the private car park where traffic is slow moving.

6.14 In terms of the customer related activities, the applicant has confirmed that the majority of customers make first contact over the phone, and the applicant will offer to visit them at home to make the funeral arrangements from there. Some choose to come to the office; however this is by appointment only and therefore parking can be managed. During funerals families of the deceased sometimes make their own way to the funeral venue or are encouraged to be collected from home to be taken straight to the church or crematorium without the need to attend our chapel of rest.

6.15 The parking standards within Appendix 7 indicate that town centre shops are required to only provide space for service vehicle use; however neighbourhood shops are required to provide spaces for staff, customers, and service vehicles.

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6.16 The proposal is occupying an existing business that could potentially be used as a taxi office, which is likely to require more members of staff or a retail shop that would likely have significantly larger number of customers. The proposal has sufficient space for at least three parking spaces, two of which are intended to be used by staff vehicles and the remaining one available for customers who generally arrive by appointment. Any additional requirement for parking can utilise the free parking to the front and rear of the site.

6.17 The highways impact is therefore considered negligible and due to the nature of the running of the business the parking provided is considered to be acceptable in this instance.

CONCLUSION 7.1 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings and would not result in a significant adverse impact upon the living conditions of neighbouring residents. The potential highways impact is considered negligible and due to the nature of the running of the business the parking provided is considered to be acceptable.

7.2 The proposal is therefore in accordance with General Policy 2 parts (g), (h) & (i).

INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), 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) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

8.2 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 in Article 6(4) who should be given Interested Person Status. __

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 : Permitted

Committee Meeting Date: 07.01.2019

Signed : Owen Gore Presenting Officer

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

YES/NO See below

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PLANNING COMMITTEE DECISION 07.01.2019

Application No. :

18/00970/C Applicant : Timothy Richard Pressley Proposal : Change of use of existing retail and office space to funeral directors Site Address : 3 And 5 Waterloo Road Ramsey Isle of Man IM8 1DR

Planning Officer : Mr Owen Gore Presenting Officer As above (correct manually if not the case officer)

Addendum to the Officer’s Report

The committee rejected the officer recommendation in relation to Interested Person Status. Instead: -

It was decided that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

o Independent Methodist Church; o Belgravia Road, Onchan, IM3 1HN on behalf of Silver Star Chinese Takeaway, 1 Waterloo Road, Ramsey, IM8 1DR; and o Mrs Doreen Quilliam of 7 Waterloo Road, Ramsey, IM8 1DR as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).

Although it was considered during the assessment of the application that the reasons indicated in the objections did not constitute a direct loss of amenity sufficient to be a reason for refusal in planning terms, it was decided that there was sufficient concern raised by the adjoining neighbours to warrant additional consideration by way of an appeal, if desired.