189675

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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/00040/C Applicant : C.S.T. Properties Limited Proposal : Change of use from Class 1.1 (Shops) to Class 2.1 (Office) Site Address : 13 St Pauls Square Ramsey Isle Of Man IM8 1LH

Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level :

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 20.02.2024 __

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

N 1. The applicant/owner/occupier is recommended to undertake the flood mitigation measures outlined within email dated 12.02.2024; Namely 1) All Electrical wiring is from the ceiling down. 2) Plug Sockets are at waist height from the floor. 3) We are currently in negotiations with the Abbey Properties the management company from St Pauls Square to fit flood barriers to the Aluminium framed door. 4) Abbey properties also have the necessary Insurance cover which they hold for all the businesses in St Pauls Square.

This application has been recommended for approval for the following reason. It is considered that the planning application is in accordance with General Policy 2, Business Policy 7, Environment Policy 36 and Environment Policy 13 of the Isle of Man Strategic Plan 2016 and the Ramsey Local Plan having no significant adverse impacts upon private or public amenities.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 12.01.2024 and email dated 12.02.2024 regarding flood mitigation measures.

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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 these do relate to planning considerations:

Flood Management Division (DOI) __

Officer’s Report

1.0 THE SITE 1.1 The application site comprises the curtilage of 13 St Pauls Square, Ramsey which form a single unit of a number of commercial units at ground floor level which make up St Pauls Square. The upper floors of St Pauls Square is made up of residential or tourist units. Within the centre of St Pauls Square is a public car park which serves the area.

2.0 THE PROPOSAL 2.1 The application seeks approval for Change of use from Class 1.1 (Shops) to Class 2.1 (Office).

3.0 PLANNING HISTORY 3.2 There are a number of previous planning applications associated with St Pauls Square; however, none are considered relevant in the assessment and determination of this application.

4.0 DEVELOPMENT PLAN POLICIES 4.1 In terms of local plan policy, the eastern section of St Pauls Square which the application site falls within 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 and western sides of St Pauls Square are located within an area designated as Mixed Use. The site is not located within a Conservation a, but does border the south of Ramsey Conservation Area, which extends around St. Paul's Church which itself is a Registered Building to the north of the site. The site is within an area designated as being at high risk from tidal flooding.

4.2 The relevant planning policies from the Isle of Man Strategic Plan 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;

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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 Business Policy 7: New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space (a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance.

4.5 "9.3.2 Most of this activity is located in our town centres and in particular in Douglas, although there are also office developments in Onchan, Ramsey, Castletown, Peel, Port Erin, Port St Mary, Laxey and Ballasalla.

9.3.3 The Department has supported the location of offices in town and village centres for several reasons: (a) such centres are accessible to all members of the community, staff and visitors alike; (b) the activity and range of services contribute to the vitality and success of the centres; and (c) the investment in property can be used to renew the ageing fabric of our town centre buildings."

4.6 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."

4.7 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."

5.0 REPRESENTATIONS 5.1 Highway Services do not oppose (26.01.2024): "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking due to the sustainable location of the proposals."

5.2 Flood Risk Management have comments (02.02.2024); "The property is within a tidal flood zone and therefore the application should be accompanied with a Flood Risk Assessment showing flood mitigation measures." 5.2.1 Following the initial comments the applicant and the Flood Team have been in discussion. The applicants have indicated (12.02.2024); "I can confirm that the property Unit 13 although could be seen as prone to flood risk we have/are the taken necessary precautions to mitigate this.

Namely 1) All Electrical wiring is from the ceiling down. 2) Plug Sockets are at waist height from the floor. 3) We are currently in negotiations with the Abbey Properties the management company from St Pauls Square to fit flood barriers to the Aluminium framed door. 4) Abbey properties also have the necessary Insurance cover which they hold for all the businesses in St Pauls Square."

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5.2.2 The Flood Team have accepted these matters can be dealt with via an informative note being attached to any approval, that it is desirable for the indicated mitigations be implemented (12.02.2024).

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. Accordingly, it could be considered contrary to the development plan. However, it wold appear the land use designate seem to be more related to the upper floors above the application site, given all the units at ground level are and always have been commercial units since they were constructed. Accordingly, given the sites location it is considered office use is appropriate.

6.2 Highway Services have considered the scheme and indicated that they have no objection.

6.3 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.

6.4 The initial flood concerns have been addressed and an informative note is proposed to be attached to any approval.

7.0 RECOMMENDATION 7.1 For the reasons outlined above it is considered that the planning application is in accordance with General Policy 2, Business Policy 7, Environment Policy 36 and Environment Policy 13 of the Isle of Man Strategic Plan 2016 and the Ramsey Local Plan having no significant adverse impacts upon private or public amenities and it is therefore recommended that the planning application be permitted.

8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 above who should be given Interested Person Status. __

I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

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Decision Made : Permitted Date : 22.02.2024

Determining officer

Signed : A MORGAN Abigail Morgan

Acting Head of Development Management

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.