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18/01234/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/01234/B Applicant : Mr David Hathersich-Jones Proposal : Variation of condition 1 of PA 16/00576/A for the approval in principle for the erection of a four storey apartment block, to extend the period of approval for a further 2 years Site Address : 21 - 22 West Quay Ramsey Isle Of Man
Planning Officer: Mr Owen Gore Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 07.03.2019 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013.
C 2. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved.
Reason: To avoid the accumulation of unimplemented planning approvals.
C 3. Approval of the details of siting, design, external appearance of the building, internal layout, means of access, parking details, landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced. Thereafter the development shall only be carried out in strict accordance with the details as approved.
Reason: To comply with the Town and Country Planning (Development Procedure)(No2) Order 2013.
N 1. Manx Utilities have recommended that the applicant considers floor resilience measures in their plans; such measures could include ensuring that all electrical points are located high up on the wall; the use of tiling for floor coverings; the use of cement sand render, if applicable; adding salt additives to lime plaster, if applicable; adding waterproof grout etc.
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18/01234/B Page 2 of 5
Plans/Drawings/Information;
This planning permission relates to Location Plan and Site Plan both originally submitted as part of the originally approved application 16/00576/A and now date stamped as having been received 23 November 2019.
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Interested Person Status - Additional Persons
It is recommended that the following organisation should not be given Interested Person Status as they are not 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):
Manx Utilities 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 and 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). __
Officer’s Report
THE SITE 1.1 The site is a vacant parcel of land between the Farmers' Combine building and Collins Lane which sits on the southern side of the quay in Ramsey between East and Christian Streets. The building has a frontage to the quay of around 15m and extends back to abut the boundaries of properties which front onto Parliament Street.
THE PROPOSAL 2.1 The original planning permission was for an approval in principle, with all matters reserved, for the erection of a 4 storey apartment block with 6 2/3 bedroom apartments on the first to third floors and 12 car parking spaces on the ground floor. The decision notice included the following condition: -
Condition 1 - 'The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No.2) Order 2013'.
2.2 The application seeks variation of condition 1 of 16/00576/A, to extend the time period for implementation for a further 2 years. This application was approved on 24th November 2016 and has expiration date of four years from the date of the approval (24th November 2020) or before the expiration of two years from the date of approval of the last of the reserved matters.
2.3 There are no changes proposed to the proposed apartment block.
PLANNING POLICY 3.1 The site lies within an area designated on the Ramsey Local Plan of 1999 as "Town Centre" and just outside Ramsey's Conservation Area. Policy R/TC/P6 West Quay states the West Quay area is allocated for mixed use, with a presumption in favour of rehabilitation and conversion (as against demolition) of the warehouse buildings.
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3.2 Under the previous application, the case officer Strategic Plan 2016 the following policies are considered relevant;
3.3 Strategic Policy 1 states: "Development should make the best use of resources by:
(a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
3.4 Strategic Policy 2: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."
3.5 Housing Policy 4: 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:
(a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14.
3.6 General Policy 2; 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:
(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; (j) can be provided with all necessary services;
3.7 Transport Policy 4 requires new and existing highways that are to serve any new development be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan.
PLANNING HISTORY 4.1 The construction of six flats was previously granted under 89/0062, 94/1849 and 04/01413/B. The latter application obtained full approval for the erection of a six-unit apartment block on West Quay in Ramsey. Each proposed unit comprise of two bedrooms, a kitchen, a bathroom and a combined dining and living room, with the provision of nine dedicated car parking spaces at ground level.
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4.2 The most recent planning permission is ref: - 16/00576/A for the Approval in principle for the erection of a four storey apartment block, which the current application is seeking to amend.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that there is no highways interest in the letter dated 07 December 2018.
5.2 Ramsey Town Commissioners have commented on this application and stated that they do not object, in the letter dated 15 January 2019.
'the floor levels be raised above the 1 in 200 year plus climate change level, with an additional 600mm of freeboard for residential properties such as this. The current Ramsey mADO2 level for extreme tidal events is 5.64. Therefore, it is recommended that the finished floor level should be above 6.24mAD02 (5.64 + 600mm). Manx Utilities also recommends that the applicant considers floor resilience measures in their plans. Such measures could include ensuring that all electrical points are located high up; tiling of floor coverings; cement sand render; adding salt additives to lime plaster; adding waterproof grout etc.'
ASSESSMENT 6.1 The application is to vary a condition that seeks to restrict the time limit for the implementation of the application. This would have the effect of adding an additional two years to the time in which the permission should be implemented.
6.2 The main issue in the assessment of this application is whether there have been any material changes, in planning terms, since the application was last approved; changes such as policy changes, a change to the land use designation, new or altered legislation, or site circumstances that would lead to a different decision being made.
6.3 Since the initial approval there have been no material planning changes which have arisen. The Ramsey Local Plan and the Isle of Man Strategic Plan policies have not been superseded and therefore continue to comprise the Development Plan. There have not been any relevant appeal decisions that indicate a different approach to those policies should be taken and no new legislation has been brought into force.
Therefore the considerations that lead to the original decision are considered to be the same. The following sections of the officer's report are considered to still be applicable: -
'It is considered that the principle of residential development has been accepted on this site for some time, the previous application was a full application with all details and was considered in design terms and impact on neighbouring properties to be acceptable. However since the last application/approval in 2004, the Strategic Plan has been adopted and is therefore now forms the starting point for the consideration of the application.
Although the site is located on land designated as 'Town Centre', Policy TC/P6 allocates it for mixed use. The Ramsey Local Plan also recognises the important of residential uses within the town centre.
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Policies within the Strategic Plan seek to ensure re-use of land and the location of dwellings in the existing towns, therefore it is considered that the proposal complies with the policies as set out above in [policy] section.
As an Approval in Principle with all matters reserved there is little to assess in terms of impact on character and appearance of the area or impact on neighbouring properties. However, the application does refer to the proposal as a 4 storey building and has provided copies of the previously approved plans as indicative only, so while they have not formed part of this assessment at that time they were considered acceptable in terms of design and impact on surrounding occupants.
In terms of highways issues the principle of a reduction in parking spaces has been accepted by DOI Highways, however the reserved matters application would need to address the other points raised'.
CONCLUSION 7.1 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings. The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents. The proposal therefore complies with General Policy 2.
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 can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 11.03.2019
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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