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Application No.: 17/01194/B Applicant: Athol Street Auctioneers Ltd Proposal: Construction of twenty apartments within three accommodation blocks with associated refuse storage, car parking and landscaping Site Address: Former Mart Site Bowring Road Ramsey Isle Of Man Principal Planner: Mr Chris Balmer Photo Taken: 21.09.2017 Site Visit: 21.09.2017 Expected Decision Level: Planning Committee Recommended Decision: Approve subject to Legal Agreement Date of Recommendation: 30.04.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
trees or plants which die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation of any apartment hereby permitted.
Reason: To ensure the provision of an appropriate landscape setting to the development.
N 1. The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 9th May 2018. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.
This approval relates to the submitted documents and drawings reference numbers (03) 001, (03) 002, (03) 100, (03) 101, (03) 102, (03) 103, (03) 104, (03) 500, (03) 900, (03) 901, 17DR024-01 and (03) 010 REV B all received on 17th November 2017, 6th February 2018 and 20th February 2018 and the Flood Risk Assessment dated January 2018
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Manx Utilities DOI Estates and Housing
It is recommended that the following persons 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):
Harding Lewis Limited, Shannon Court, Bowring Road, Ramsey The Callister Personal Pension Scheme, 29/31 Athol Street, Douglas (owner of Harding Lewis Ltd which is a neighbouring building) The owner/occupier of 6 Beech Close, Onchan (owner of Commerce House, opposite Clock C) _____________________________________________________________________________
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS A SECTION 13 LEGAL AGREEMENT RELATING TO AFFORDABLE HOUSING AND OPEN SPACE PROVISION IS POTENTIALLY REQUIRED
THE MATTER IS BEING FURTHER PRESENTED TO COMMITTEE - see paragraph 9
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 until recently included 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 and the buildings as indicated have recently been demolished. - 1.3 The site until recently also includes a traditional, three-storey building, which was in a poor state of repair and fronted onto Bowing Road. This has also been recently demolished. With the exception of the former three storey building, the rest of the buildings/structures where well screened from public views given they were set behind existing buildings and high walls that surround the site. Today the site is a cleared flat site, albeit with the original boundary walls still in place.
2.0 PROPOSAL - 2.1 The application seeks approval for the erection of 20 apartments within three accommodation blocks (referred as blocks A, B & C) with associated refuse storage, car parking, and landscaping. - 2.2 The site plan indicates that there would be three buildings proposed, two of which would be three storeys in height (Blocks A & C) and one building would be two storeys (Block B). - 2.3 Block A would be located on the previous footprint of the three storey building which fronted Bowing Road. This building would have a pitched roof design and a similar form and mass of the original three storey traditional property. However, its overall design in terms of finishes and fenestration is a more contemporary design. This block would accommodate 4 apartments. - 2.4 Block B is a two storey building which is located to the south-eastern corner of the site. This is again a pitched roof design and is form is traditional in appearance. However again the finishes, fenestration and overall design is more modern in appearance, which includes timber cladding in parts and first floor projection sections. This block would accommodate a total of four apartments, each having two bedrooms. - 2.5 Block C is the largest block of the three and is located centrally of the site running parallel with the eastern boundary of the site. The block has a similar design, finish and appearance of Block B, albeit three storeys in height. This Block would accommodate a total of 12 two bedroomed apartments. - 2.6 Externally, it is indicated on the plans that there would be 22 off street parking spaces (2 disabled parking spaces) located centrally within the site. The scheme also shows the landscaped areas, which includes areas to the rear of Block A, around Block B and the largest area to be shared by all residents is to the Rear of Block C, which also includes a timber pergola, fragrant planting to walled garden with a mixture of other planting/landscaping. Bin storage is also shown in a contained area to the north of the gable end of Block C/northern most part of the site. Cycle storage racks are also proposed within the site. - 2.7 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. It is proposed the parking associated with the development would utilise this rear lane also. The application also indicates that discussions have been undertaken with the Ramsey Commissioners & DOI and a public consultation is being proposed to make Cooperage Lane one way.
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 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 - 15/00810/A - REFUSED for the following reason: "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." - 3.3 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."
3.4 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. - 3.5 Approval in principle for office development - 1-2 And Mart Site, Bowring Road, Ramsey
4.0 REPRESENTATIONS - 4.1 Ramsey Town Commissioners have no objection to the application (received on 26.03.2018). - 4.2 Highway Services initially objected to the application for the following reasons (received on 14.12.2017): "The proposed development of the application site is for 2 one bedroom apartments, 16 two bedroom apartments and 2 four bedroom apartments. Given the level of development, the proposed car parking provision of twenty car parking spaces and eight uncovered cycle parking spaces 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. It is also unclear as to how fire engines and servicing vehicles would manoeuvre within the development. In addition, it is unclear as to how pedestrians would access the
proposed development. Therefore, it is considered that Highway Services should oppose this application."
Following discussions with the applicants and additional plan/information, Highway Services appear to have no objection following Minutes of a meeting they had with the applicants which has been submitted by the applicants; although Highways Services sought a Grampian condition be attached to any approval regarding the one-way proposal to Cooperage Lane and also sought an amendment to the original parking requirements from 20 spaces to 20 spaces plus 2 disabled spaces hence the amended plan. However, no formal comments to confirm this have been received at the time of writing this report.
4.3 Arboricultural Officer DEFA makes the following comments (received on 27.12.2017); "I'm taking the opportunity to review recent 'tree-related' planning applications that were left due to other work commitments. This one was on the list but I doubt very much if there's anything on the site worth saving.
I note, however, that the tree planting indicated on the site plan/3D massing might be key to softening the visual impact and the hard landscaped car parking area in the centre of the site. If this is the case I recommend that you consider using a condition similar to the following:
No site clearance, preparatory work or development shall take place until a tree planting specification is submitted to and agreed in writing by the Department. Where applicable the tree planting specification shall adhere to the recommendations of BS8545:2014 (Trees: from nursery to independence in the landscape - recommendations) and in all cases shall include details of all trees to be planted, including a) their quantity, location (or density), species and size at date of planting; b) the approximate date when they are to be planted; and c) how they will be maintained until successfully established. The tree planting shall take place as agreed and any trees or plants (including those retained as part of the development) which within a period of 5 years from the completion of the development die, are removed, or, in the opinion of the Department, become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Department gives written consent to any variation.
Planting trees in to hard landscapes, where the planting area requires a load-bearing capacity and adequate soil volumes are unlikely to be available, will require an underground cellular system (e.g. tree bunker). The use of these systems is a specialism and requires specialist experience and advice."
4.4 The Public Estates & Housing Division (DOI) comment (02.03.18) that there are 71 persons on the general public sector waiting list for affordable housing, 11 persons on the active first time buyer register seeking to purchase a first home in the North of the Island including Ramsey. They request that the Planning committee seeks the applicant to enter into a Section 13 Agreement to provide affordable housing, based on the usual calculation of 25% of the number of units approved within the application. They also confirm that the Housing Division has held discussions with the Local Housing Authority and the applicant to establish precise preferences for affordable housing for this site, and the proposed layout reflects the outcome of those discussions. - 4.5 Manx Utilities have confirmed that following a Flood Risk Assessment being provided they have no objection to this development (06.02.2018). - 4.6 The owner/occupier of 29 - 31 Athol Street, Douglas (Callister Personal Pension Plan) comments to initial scheme only (11.12.2017) and have objected to the application which can be summarised as; lead to inconvenience and cost for office premises which have parking at the rear of their buildings abutting on to the rear lane; private lane will inevitably be used by residents and visitors onto and off the spaces when parking; vehicles travelling along the lane
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. The site is within a "High Risk Flood Zone - Tidal" and with some sections of the site also being classes as a "High Risk Flood Zone - River and Tidal". - 5.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 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 Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4." - 5.6 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:
5.7 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. - 5.8 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." - 5.9 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 development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan." - 5.10 Recreation Policy 4 states: "Open Space must be provided on site or conveniently close to the development which it is intended to serve, and should be easily accessible by foot and public transport."
5.11 Environment Policy 42 states: New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
6.1 The key material planning issues are as follows:-
Principle of developing the site for the proposed use
6.2 In terms of the principle of development it is concluded that the 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 until recently contained a number of redundant buildings and now is a clear site; it is considered that the proposal potentially represents the redevelopment 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 2016. - 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. The potential visual impact on the street scene - 6.5 As indicated previously within this report, until recently the original buildings and walls (still in place) 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 building which would be most apparent would be the replacement three storey building which fronts onto Bowing Road. The proposal is of a more contemporary design; however, its form, massing and appearance is similar to the original three storey building. It is also noted that along this section of Bowring Road there are a number of different style and design of properties. Accordingly, it is considered the proposal would be an appropriate form of development and a vast improvement over the original building which was in a very poor state of repair for a number of years. - 6.6 In relation to Blocks B & C, both have similar design approaches and finishes, albeit one is two storeys and one is three storeys. Visually both blocks are not going to be very apparent from public views given their position set behind tall boundary walls and also due to existing buildings between the site and public highways (namely Bowring Road and Derby Road/Quay side). Irrespective of this, it is considered the design approach is acceptable and appropriate for the surround area and the site itself. Again it would represent a vast improvement to the overall site which has been abandoned for a number of years and had a detrimental impacts to the surrounding area.
6.13 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, it is considered given 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 neighbouring properties
6.14 In terms of the potential impact upon neighbouring properties it is considered there are a number of properties potentially affected by the development. Along the southern boundary of the site is Nr 1 to 7 Temperance Terrace which are two storey traditional terrace dwellings, the frontages of which directly face towards the application site. Until recently (before the site was cleared), 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) was located along this same boundary and runs parallel within the frontages of Nrs 2 to 7 Temperance Terrace. This proposal would remove this warehouse building and reduce the boundary wall to 1.8 metres in height. This will be of significant benefit to all the residents of Temperance Terrace. It is noted no objections have been received by the residents of Temperance Terrace. - 6.15 The proposed development will have some impact upon the occupants of Temperance Terrace as particularly Block B, which would be two storeys in height and would partially be directly in front of Nr 7 Temperance Terrace. The block would be located 7.5m metres to the northwest of Nr 7 and it is noted there would be a secondary window at first floor which would have some indirect views towards Nr 7. However, given the secondary nature of the window to the room it serves (lounge), views would not be direct; it is not considered the impact would be so grate to warrant a refusal of the application. If there is concern, this window could be obscure glazed or removed via a condition. Overall, while there will be an impact of the development upon Nr 7; it is considered the proposal would not significantly affect amenities sufficient to warrant a refusal. The removal of the previous buildings/wall on the site have also significantly improve the amenities of the occupants of Nr 7 and the rest of the terrace and this new proposal will ensure the amenities that are currently in place would not be significant impacted by the new development. - 6.16 In relation to the potential impact upon neighbouring office building, the property most like to be affected would be Nr 2 Commerce House, Bowing Road and to a lesser extend Shannon Court which is believed to be occupied by Harding Lewis Limited. Block C which is proposed to be three storeys and directly face towards the rear elevation of Nr 2 Commerce House & Shannon Court. The proposed three storey building would be 21.5 metres to the rear of Nr 2 Commerce House and 25 metres from the closets point with Shannon Court. Whilst there will be an impact of the proposal to these properties, the fact they are not residential properties, but offices is a key consideration as office accommodation does not have the same level of protection in terms of amenities compared to residential properties. Notwithstanding this, it is considered give the distances of Block C and windows to Nr 2 Commerce House and Shannon Court; it is considered there would not be significant impacts to the office accommodation to warrant a refusal. Affordable Housing Provision - 6.17 As the application is proposing 20 residential units it is considered appropriate to seek five affordable housing units (25% of 20 = 5 units would be required according to the Strategic Plan). Accordingly, it is recommended that a Section 13 Legal Agreement should be entered into which requires affordable housing being provided on site, as per the agreement indicated by DOI Public Estates and Housing Division. Open Space Provision - 6.18 The proposal equates results in a total requirement of public open space of 1312 sqm as per the calculations set out within the IOMSP. Of this total, 738sqm would be formal open space; 246sqm for children's play space; and 328sqm for amenity space.
6.19 The applicants have indicated that due to the confines nature of the site and the close proximity to dedicated children's play areas within the town's location, it's proposed that the requirement for open space be reduced within the site curtilage with children's play provided at existing locations of site. The applicants have provided a total area of open space within the site of 1059sqm and this would be further increase if the paved shared surface is included. - 6.20 The assessment of the applicants is considered acceptable, as a number of children's play areas are within close proximity and within walking distance of the site. While there is a short fall of Public Open Space of approximately 253sqm, consideration should be taken that the site is a brownfield site and the benefits of the development of it are perhaps outweigh the shortfall in this case. Alternatively, there is scope for a Section 13 Legal Agreement for a commuted sum payment for this shortfall. Flooding - 6.21 As states earlier this site is within a High Risk Flood Zone Tidal and River; therefore a Flood Rik Statement was submitted. From this it was determined that ideally the ground floor levels of the buildings should be raised to above the 1 in 200 plus climate change flood level to mitigate the risks of flooding. However due to the constraints on the site there is insufficient space on the site to provide a ramped access to the required floor level. Accordingly, it is proposed to install alterative flood mitigation procedures, which include flood barriers to all external doors at ground floor level. Further it is proposed to install non return vales on the external drainage to prevent backflow during periods of flooding. Manx Utilities have considered the application and have raised no objection.
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 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:
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
Subsequent to the initial Officer presentation to the Planning Committee, discussion between the Local Authority, the Applicant and the DOI Housing section has resulted in the agreed obligation for provision of 5 Affordable units on the site being revisited.
The DOI Housing, specifically Mr Brett Woods, provided an email copy dated June 22nd which stated;
"We discussed the possibility of the Local Authority purchasing a number of the units but Ramsey Town Commissioners have now confirmed that they have now decided not to proceed with an acquisition on this development. Accordingly, the applicant and the department need to agree upon a commuted sum which will be paid to the department in lieu of affordable housing on the site. The commuted sum will be placed in the Housing Reserve Account in Treasury and used to support the provision of affordable housing for first time buyers"
Further correspondence from the DOI to the applicant, dated 17th July 2018, stated;
"Whilst we recognise that the site is in a town centre location with limited views, it will have new purpose built apartments with all facilities within walking distance with enclosed boundaries within which there are communal car parking facilities and gardens. We have tried to obtain a precise sampling of new or almost new units which are very similar in size with matching facilities. We have avoided using converted Victorian boarding house apartments or much older units except for the Belvedere apartments which are almost entirely rebuilt from a shell. There can be no doubt that offering new apartments to the market brings a better selling price than older units on offer.
Essentially, the calculation of the Commuted Sum per unit is based upon a likely selling price per square metre in the open market as compared to a sub market fixed selling price of £140,000. In this case an average selling price is assessed as being £2296 psm and the fixed submarket price is £2222 psm. The difference of £74 psm is multiplied by the floor area of 5 affordable apartments each with a notional area of 63m2. The total proposed Commuted sum is £23,310. The Commuted Sum payment schedule can be broken into five separate payments of £4662 on the sale of the 4th, 8th, 12th, 16th and 20th units so as to minimise impact on project development cashflow.
Unfortunately there is a paucity of good sales data in respect of apartments in the town but our view is that the small number of samples is fairly typical of modern apartment sales"
Accordingly the sum commuted to cover affordable housing has been agreed between the parties involved as £23,310.
As this agreement contradicts the original report and recommendation approved by the Planning Committee, the Case Officer has revised his recommendation and for such agreement to be considered by the Committee.
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:…03.09.2018
Signed :………C BALMER………….. Presenting Officer
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