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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. 24/00199/B Applicant : Mr Kenneth Devaney Proposal Conversion of Former Ground Floor Restaurant and First Floor Function Room Into four Apartments, roof alterations for the creation of a second floor terrace for existing apartment. Site Address Shipdesign House East Quay Ramsey Isle Of Man IM8 1BA

Case Officer :

Hamish Laird Photo Taken :

08.05.2024 Site Visit :

08.05.2024 Expected Decision Level Planning Committee

Recommendation

Recommended Decision: Refused Date of Recommendation 17.07.2024

Reasons for Refusal

R : Reasons for Refusal O : Notes attached to reasons

R 1. The site is located on the quayside adjoining Ramsey Harbour and lies within in a High Risk Flood Zone in respect of tidal flooding. The proposed development is unacceptable because it would involve the provision of sleeping accommodation at ground floor level. This would be compounded by the fact that no cellar floor plan is submitted either as part of the existing use /layout of the premises, or for any intended future use. This would further add to concerns regarding the change of use to residential accommodation and the potential impact for occupants' safety should a flood event occur. In addition, insufficient flood prevention measures and/or flood mitigation measures have been proposed as part of the development to avoid the potential for flood risk and consequent harm to the personal safety of occupants of the ground floor apartments. This is contrary to the provisions of General Policy 2 (l), and, Environment Policy 10 in the Isle of Man Strategic Plan 2016.

R 2. The proposed development is unacceptable because it would result in the loss of the existing ground floor premises as a restaurant with first floor function room to a residential use, particularly at ground floor level. This would preclude a similar business such as a restaurant, comparison goods retail outlet, or a tourism based service, normally associated with the sites location within Ramsey Town Centre from occupying the premises, and in permitting a residential use such opportunities to do so in this prime harbour-side location, would be lost. No evidence in the form of a marketing exercise to inform the assertion that a continued restaurant use of the premises is unviable, has been provided. Furthermore, no evidence has been provided of the possibility of any other commercial operations coming forward. This is contrary to the provisions of Business Policy 10 in the Isle of Man Strategic Plan 2016; and, Policy Town Centre Proposal 1a: East Quay Character Area, Ramsey, Part 2 which indicates that: "2. Shops, financial and professional services or food and drink uses are acceptable within quayside buildings. Residential use to upper floors of warehouse buildings is an acceptable alternative to shop storage;" in the Ramsey Local Plan 1998 (Planning Circular 2/99).

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R 3. The proposed new apartment 4 will not be served directly by a kitchen window. Its bedroom, bathroom and terrace will have their windows facing east towards Mona Street away from the harbour, and directly onto the side wall of the neighbouring structures at the rear of the Royal Hotel, and rear yards at Nos. 12 and 14 Market Place East. As such, the terrace/windows from Apartment 4 would provide an outlook over the gable wall a few metres away; and, over these neighbouring properties back yards. This would provide an unacceptably poor outlook and low level of amenity for future occupants of Apartment 4. In this regard, the development would be unacceptable and would fail to accord with the provisions of Policies GP2 and H17 in the Isle of Man Strategic Plan 2016.

R 4. The proposal in respect of the proposed addition of the terrace/windows in the south side of the building to serve Apartment 4 would provide an outlook over the gable wall a few metres away; and, over neighbouring properties back yards located immediately to the south. This would provide an unacceptable degree of overlooking, observation and loss of privacy to occupants of these neighbouring properties. In this regard, the development would be unacceptable and would fail to accord with the provisions of Policies GP2 and H17 in the Isle of Man Strategic Plan 2016. __

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 mentioned in Article 4.2:

Harbourside, East Quay, Ramsey, Isle of Man, IM8 1BA

as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021).

It is recommended that the owners/occupiers of none of the following properties should be given Interested Person Status as they are considered not to meet the requirement of being located within 20.0m of the site boundary. Whilst the writer is formerly the tenant of the application premises, their occupancy of the premises has since ceased and, as such do not have sufficient interest in the subject matter of the application to take part in any subsequent proceedings mentioned in Article 4.2:

Fernlea, 2 Furman Close, Onchan, Isle of Man, IM3 1BT

The above persons, therefore, do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021).

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions that relate to planning considerations:

Flood Management Division (DOI)

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Officer’s Report

THIS APPLICATION IS REFERRED TO THE COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT 1.0 THE APPLICATION SITE

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1.1 The application site relates to the existing 3-storey structure at Shipdesign House, East Quay, Ramsey. It is stone built with a mixture of pitched slate roofs and part flat roofs, with traditional smooth render to the main parts of the building with a smaller area of painted exposed stone wall exposed stone wall on the hidden south facing gable wall. The site forms part of the built up frontage to the east side of the harbour at East Quay, on the northern edge of the town centre. It stands at a bend in the road with views out over the harbour and is located close to the market place and its attendant car park. The property has previously been used as a restaurant with function room above known as The Harbour Bistro. The ground and first floors to which the application relates are currently empty.

1.2 The site is situated within the Ramsey Conservation Area.

2.0 THE PROPOSAL

2.1 The application seeks planning approval for the conversion of the property to fully residential accommodation. This would involve the following changes:

Ground floor: Change from existing restaurant/dining room; bar/servery; kitchen; food-store; utility room and toilets to 2 No. 2-bedroom apartments with attendant living room; kitchen and bathroom, with bedrooms set back towards the rear of the building. With separate entrances, and secure bin and cycle stores.

First floor: Change from existing Function Room; 2 No. storerooms to 2 No. Apartments with 1- bedroom each, with bathroom and kitchen/living/dining room; and, outdoor terrace serving Apartment 4. These new apartments would adjoin the existing first floor apartment towards the front of the building which contains a living room; kitchen; bathroom; 2 No. bedrooms; and, store-room. This would be re-modelled internally to provide an additional bedroom/study enlarged kitchen and new bathroom through the deletion of the store-room. The works to the existing first floor apartment would not require planning approval, although would separately require permission under the Building Regulations.

Second floor: The existing 2-bedroom Apartment 2 would be retained and re-modelled with the store-room being altered to provide an enclosed terrace.

2.2 In the Design and Access Statement (D and AS) the applicant advises that as the owner cannot find a suitable tenant to take it on as a restaurant business which it has been for over 20 years. When the owner recently retired, a tenant took the business on, but it closed down over 6 months ago due to not being able to make it financially viable.

2.3 The D and AS continues: "It is a good use for a vacant building, that has been vacant for a long time now and has had no interest in being bought and re-established as a restaurant / commercial building at ground and first floor levels.

With its new residential status it will bring life back in to that part of the Harbour and provide activity and natural surveillance and security with it.

Being in East Quay in the heart of Ramsey Town Centre it is easily accessible by public transport with an abundance of amenities in the vicinity, it should not be required to provide car parking spaces for the apartments as there is a push for more development to discourage the use of cars. There is however there is an abundance of public parking on Market Square and the residential streets adjacent and also along the promenade in close proximity, especially in the mornings, evenings and at night time when the shops are closed.

Bin provision and bike storage areas have been provided and each apartment has access to some private external space which is important to the well-being of the person who lives in, or potentially rents the apartment. It also creates activity and security in the area.

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The proposal also removes the commercial extract vent on a prominent elevation of the building.

As it is adjacent to the Harbour any flood defence mitigations required will be explored and installed. This is outlined in The FRA."

2.4 The application is accompanied by detailed, proposed floorplans and elevation drawings; and, a Flood Risk Assessment outlining measures that would be put in place to minimise any impacts arising in the event of a flood. In addition, brochure details of flood gates is also provided.

3.0 PLANNING HISTORY 3.1 22/00614/B Installation of replacement windows (Retrospective) - Permitted - 13.07.2022. 3.2 98/02078/B Conversion of office and dwelling to restaurant and dwelling, Shipdesign House, East Quay, Ramsey - Permitted - 29.04.1999. 3.3 87/01424/B Conversion of premises to office accommodation, 13 Mona Street, Ramsey 3.4 85/00570/B Extension at rear to provide additional office accommodation, Shipdesign House, East Quay, Ramsey

4.0 PLANNING POLICY 4.1 The area is identified as being part of the Town Centre (in mixed use) by the Ramsey Local Plan 1998. In the Ramsey Town Plan, the following polices are of relevance:

4.2 RT/P/1 - Tourist Accommodation Facilities. This Policy Reads: "6.11 Where feasible the retention of existing tourist accommodation facilities is preferred. Any proposals to increase the provision on existing sites or to provide accommodation on new sites will be considered on their merits, with particular regard to visual impact, potential increase in traffic generation, the need for additional parking and proximity to residential areas."

4.3 R/TC/P4 - Offices - This Policy Reads: "9.19 There will be a general presumption in favour of ground floor office use in both Auckland Terrace and Water Street."

4.4 Policy R/TC/P5 - East Quay and South Promenade - This Policy Reads: "9.20 The area north west of Neptune Street shall be used for harbour related purposes only. There will be a presumption in favour of rehabilitation/redevelopment of warehouses and the cement silo to allow for through traffic from Quayside delivery to on Island redistribution in conjunction with a revised Traffic Management Scheme. This shall, however, be subject to the retention of the existing frontages of the Brookdale Engineering and Mezeron Building, with the prohibition of porta cabins and other temporary buildings."

4.5 Strategic Plan policy SP1 advises: "Strategic Policy 1: 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 reusing 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."

4.6 General Policy 2 of the Isle of Man Strategic Plan 2016 is relevant:

'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:

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(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.'

Environment Policy 10 of the Isle of Man Strategic Plan 2016 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.'

4.7 Environment Policy 35 of the Isle of Man Strategic Plan 2016 states:

'Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.'

4.8 Housing Policy 17 of the Isle of Man Strategic Plan 2016 states: "Housing Policy 17: 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.

4.9 Business Policy 10 indicates 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."

4.10 Community Policy 2 of the Isle of Man Strategic Plan 2016 is considered relevant:

'New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings.'

4.11 Transport Policy 7 of the Isle of Man Strategic Plan 2016 is relevant:

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'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'

4.12 Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area.

4.13 In the Draft Area Plan for the North and West - Published 24th June 2022 - the site is shown on 'Draft Proposals Map 5 RAMSEY TOWN CENTRE' as being located within the 'East Quay' character area. The Plan text advises generally as follows:

"9.3.4 Ramsey - The town centre in Ramsey is vulnerable to flood risk, particularly along the East Quay. Under-investment in quayside buildings has resulted in vacant properties and under- occupied urban sites that mar the public face of Ramsey. Consequently, there is a need for regeneration of these sites, together with sympathetic flood risk alleviation measures and public realm improvements, so as to enhance the public face of the town centre and bolster the local economy.

9.3.5 Setting out Town Centre Mixed Use Areas in Ramsey, defining a town centre boundary and providing suitably worded Town Centre Proposals provides a focus for both public and private sector investment and support a variety of uses that allows for greater flexibility to better respond to changing market demands. Providing greater flexibility of uses can be used as a mechanism to support viable regeneration initiatives in those areas where it is desirable to encourage regeneration, and to bring vacant premises back into commercial use, thereby enhancing the public face of the town."

4.14 The Draft Area Plan advises specifically in relation to the East Quay Character Area as follows:

"9.8.1 MUA 1 The Quayside: East Quay (situated to the east of East Street). This supports commercial shipping and mixed uses within quayside buildings. Typical uses to lower floors include food and drink, retail and service uses. Residential uses are found in some upper floors, together with storage. This area is exposed to tidal flooding.

Town Centre Proposal 1a: East Quay Character Area, Ramsey

1. A clear delineation between commercial shipping uses operating on the East Quay and commercial uses within quayside buildings should be maintained;
2. Shops, financial and professional services or food and drink uses are acceptable within quayside buildings. Residential use to upper floors of warehouse buildings is an acceptable alternative to shop storage;
3. Future uses should support an extended economy into the evening hours;
4. Where possible, existing historic quayside buildings should be retained and renovated, and vacant premises brought back into re-use. Sympathetic modifications to quayside buildings that help to minimise flood risk and promote inclusive access will be supported;
5. Where demolition and new build is proposed in this character area, the future design of such schemes must be resilient to flood risk, of high design quality and respond to the context of the vernacular character of the quayside buildings;
6. The inclusion of views from quayside buildings across the Harbour should be encouraged, and
7. Public realm improvements and sympathetically designed flood alleviation measures on the harbour side will be supported. Public realm design must take account of the location and be designed for longevity."

4.15 It is noted that the Draft Area Plan for the North and West has been 'out to consultation' with responses currently being processed by the Planning Policy Team, although

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no examination in public of its content, policies and proposals has yet taken place. The weight that should be afforded to it, is therefore, minimal.

5.0 REPRESENTATIONS

5.1 Ramsey Town Commissioners (22/3/24) comments: "Ramsey Town Commissioners have no objection to this proposal."

5.2 Highways Division - comments as follows (1/3/24):

"24/00199/B - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the site is in a sustainable location in Ramsey town centre. Bin storage and cycle parking details to be agreed including one secure cycle space per apartment should be conditioned on permission."

5.3 DoI - Flood Risk Management Division (FMD) - 31/7/23 - comments: Object for the following reasons: "Flood Risk Management cannot support an application for sleeping accommodation on the ground floor in a regularly flooded area. (See Photos below)."

FRM further advise that: "If this application is permitted FRM suggest that fixed flood gates and flood resilient vent bricks are installed (demountable barriers get lost over time and in HMOs the knowledge to fit them is not passed from occupant to occupant). We also suggest that a flood evacuation plan is produced and displayed in a prominent place."

5.4 DEFA Inland Fisheries (29/2/24) comments: "This planning application has been checked by Fisheries Officers. I can confirm that DEFA, fisheries have no objections to this development from a fisheries perspective."

5.5 DEFA Ecosystems Policy Team (22/3/24) comments: "A large colony of swifts was found nesting in a building across the road from Shipdesign House in 2022 (the largest known colony on the Isle of Man). The photos provided with the application show that Shipdesign House could be suitable for nesting swifts, especially on along its southern elevation, and the proximity to the large swift colony increases the likelihood of them being present. The works could result in the damage, destruction or blocking of swift nests sites, or the disturbance of a Wildlife Act 1990 Schedule 1 species whilst nesting, all of which would be offences.

The Ecosystem Policy Team therefore request that an ecological assessment for breeding swifts is undertaken by a suitably qualified ecological consultancy, and a report detailing the findings be submitted to Planning prior to determination of this application.

Swifts are entirely reliant on buildings to nest but a significant number of nest sites have been, and are continuing to be lost when buildings are demolished or refurbished. Because swifts are faithful to their nest sites, breeding in the same site year after year, their breeding success is being severely affected and their numbers are declining dramatically. Swift nest site loss can mostly be attributed to inappropriate building renovation. On the Isle of Man swifts are a rare breeder and there are currently less than 100 known nesting locations. Therefore, it is vital that steps are taken to ensure their continued breeding in these areas.

Swifts are listed on Schedule 1 of the Isle of Man Wildlife Act 1990, Amber listed on the Isle of Man Birds of Conservation Concern 2021 and Red listed as a species of highest conservation concern on the UK Birds of Conservation Concern 2021, and thus are a species of local and national importance."

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5.6 Four letters of representation have been received from third parties by the Report drafting stage. Three of the letters are from one author who was previously a tenant of the premises. All raise objections to the proposed development, and are outlined as follows:

Harbourside, East Quay, Ramsey (5/3/24) "My objection is grounded in serious concerns regarding the insufficient parking provisions in an area already facing parking scarcity, particularly given the developments and changes occurring nearby, including the acquisition and anticipated reopening of the Royal George pub by Barbary Coast. It is my understanding that the Department of Infrastructure (DOI) does not intend to issue specific parking permits for the occupants of these proposed flats to use the car park in the square solely. This arrangement, coupled with the existing and projected increased demand on the car park due to the reopening of the Royal George pub, signals a foreseeable exacerbation of the current parking strain. The car park, which already experiences periods of full capacity, will undoubtedly face additional pressure, negatively affecting both residents and visitors alike.

The failure to address the parking needs of the new flats' occupants, along with the absence of a plan to manage the increased demand from the square's business clientele, poses significant concerns:

• Increased Parking Strain: Without dedicated parking solutions, the new development will lead to further competition for already scarce parking spaces, impacting residents and detracting from the quality of life in our community.
• Impact on Local Economy and Accessibility: The lack of adequate parking may deter visitors from patronising the harbour area and its amenities, including the newly reopened Royal George pub, potentially harming the local economy." Relationship to site: Immediately adjacent to the site

2 Furman Close, Onchan (20/3/24) "As the former tenant of this building, some of the comments set out by Mr Devaney are factually incorrect. Point 1. The building was vacated not because it was not financially viable, it was due to the poor state of repair and continual ingress of water and damp. This resulted in continual mould problems. The external rendering has failed so unless this building is to be re-rendered, dampness and mould are going to be a continuing problem. Point 2, Mr Devaney claims the building has not suffered with flooding. This is incorrect as the building suffered significant flooding in 2014. The owner in fact made a claim on his property insurance to renew carpeting on the ground floor. His insurer at that time will be able to verify this. The cellar filled with water necessitating staff to assist in siphoning out the water. There is also the problem with subsidence that needs to be addressed." Relationship to site: Tenant of the application site

2 Furman Close, Onchan 7/5/24 "I submitted some comments relating to the above application but have not received any acknowledgement. A concern is that in the FRA, the owner Mr Devaney states in answer to one of the questions o consider the presence and level of flood risk; - although there has been overtopping of the harbour wall and flooding this area of East Quay has been fortunate to avoid many flooding issues. The present owner of the building has never had any issues in over 20 years. Even in 2014 between January 1st and 6th of January when there was a major cyclone, which effected European countries and the Isle of Man, Shipdesign House did not suffer any flood damage. It did cause extensive flooding in Parliament Street and the Quay in Ramsey. The finished floor level of Shipdesign House is 385 mm above the top of the harbour wall.

This is clearly not true as the building did flood. Staff had to pump out the cellars I also believe that Mr Devaney claimed on his insurance for new carpets.

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Why is he being secretive about flood risk?"

2 Furman Close, Onchan 1/7/24 "We were the tenants who ran a successful restaurant business Harbour View Bistro from these premises. The reason we closed the business was nothing at all to do with it not being financially viable as stated by Devaney. We had no option but to close the business due to the poor state and condition of the building. Problems were:

1. Leaking roof in kitchen
2. Leaking windows in food prep area
3. Mould and damp seeping through on exterior walls
4. Ceiling collapsing in ladies' toilet due to lack of outside maintenance
5. Mushrooms growing through skirting boards over the cellar that flooded 6. Electrics not suitable for a business

All of these contributed to us making the decision to close the business as any of the above would have resulted in a fine from Environmental health. Not to mention the reputational damage to our business.

We weathered two lockdowns by adapting to the situations we were faced with. For a start-up business, it was very trying. We got through the two-year period and was just turning the corner and making a profit. To say our business was not financially viable is an outright lie.

The property may well have been on the market for a year, but nobody is going to pay the kind of rent Devaney wants for a building sorely in of major work.

We were the number 1 restaurant in Ramsey with an enviable food record.

As I stated in my objection letter, there are several reasons why he cannot get a tenant in to run the ground floor as a restaurant and all of them impact on the building's suitability to be converted into flats."

REPRESENTATIONS ON BEHALF OF THE APPLICANT

5.7 In a letter dated 20/6/24 in response to an email from the Case Officer, the applicant advises:

Case Officer comments: 'The other reason relates to the loss of the restaurant and associated function room to a residential use in the Town Centre thereby removing any future business use/ re-use of the premises in this prime harbour front location.

As previously advised, my experience is that Committee Members take a firm line on Flood Risk matters, and also to any proposals that are likely to result in a loss of vitality and viability to town centre locations and their commercial offering.

I note that your client did not undertake a marketing exercise to inform the assertion that a continued restaurant use of the premises was unviable. Also, no evidence been provided of the possibility of any other commercial operations coming forward.'

Applicant’s comments:

In the Design Statement accompanying the application it was confirmed:

'The proposal for this property is to convert to fully residential accommodation, as the owner cannot find a suitable tenant to take it on as a restaurant business which it has been for over 20 years.

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When the owner recently retired, a tenant took the business on, but it closed down over 6 months ago due to not being able to make it financially viable. It is a good use for a vacant building, that has been vacant for a long time now and has had no interest in being bought and re-established as a restaurant / commercial building at ground and first floor levels.'

The property has now been on the market with Plum properties for nearly a year now, with no interest from any potential purchaser. There has been extensive marketing and sales videos produced.

Ramsey has an abundance of restaurants and function rooms available which are not used to full capacity. The existing businesses in Ramsey and the Isle of Man in general are struggling, and it is a known fact that 8 out of 10 restaurants close down due to financial difficulties.

Previously to it being marketed for sale over the past year since it has been vacant, it was up for sale for over 5 years without an offer being made and was the reason why it was rented out to someone who unsuccessfully tried to create a viable restaurant business.

Why has clarity not been requested over the above and also the cellar previously, when I have asked if any further information was need from us on the application.

The proposal has been developed in accordance with General Policy 2 while also demonstrating the requirements for change of use as set out in Community Policy 4.

Community Policy 4 states: 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.

Application no. 23/00066/B was approved which is a similar application being the conversion of the former Britannia Public House to 10 no. residential apartments.

Originally when the building was purchased by the owner in 1998 it was a mixed-use building and the owner under Application No. : 98/02078/B applied for the conversion of office and dwelling to restaurant and dwelling.

Please confirm back to me if there is anything further that I can submit in support of the application."

6.0 ASSESSMENT PRINCIPLE OF DEVELOPMENT 6.1 The site is located within Ramsey Town Centre having previously been used as a restaurant on the ground floor, with first floor function room and associated facilities. The restaurant and function room supported the local economy. The full application proposes the conversion of the ground and first floor of the building to create four new 2-bedroomed apartments, with each apartment having an external terrace to their corresponding east and west side elevations. These two new apartments are in addition to the existing first floor apartment to the front of the building; and, second floor apartment - both of which would be re-modelled as part of the development, with the second floor apartment having its storeroom on the corner of Mona Street and East Quay being turned into an open sided terrace. The site lies within the Ramsey Town Centre boundary opposite the harbour and is zoned in a mixed use area in the Ramsey Local Plan 1998.

6.2 The proposal involves a non-commercial (residential) use of the former Harbour Bistro Restaurant on the ground floor; and, of the attendant Function Room on part of the first floor in this town centre location. The provisions of Ramsey Local Plan policies R/TC/P1 and R/TC/P4

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need to be considered. Policies R/TC/P1 advises that there will be a general presumption in favour of retaining retail uses at ground floor level; however, the Policy does not distinctly specify East Quay. Policy R/TC/P5 which relates to the East Quay Area (in which the site is located) indicates that there will be a presumption in favour of the rehabilitation/redevelopment of Warehouses and the allowance of through traffic movements from Quayside delivery to on Island redistribution. The mixed use nature of the area and the lack of any specific policies relating to the provision of residential accommodation at ground floor, or any other level, in the Town Centre points to the consideration that the principle of the proposed use is acceptable.

DESIGN AND VISUAL IMPACT - IMPACT ON THE CHARACTER OF THE CONSERVATION AREA (GEN2 b), c), and e) and ENV35) 6.3 Environment Policy 35 sets out planning policy with regard to development within a Conservation Area. The policy states that development would only be permitted within a Conservation Area if the development would preserve or enhance the character or appearance of the area and the area is protected against inappropriate development. The proposal involves external alterations to the building in the form of alterations to the external elevations including:

o North elevation: Removal of two first floor windows and one ground floor window facing the Mona Street/East Quay connecting road. o South elevation: The removal of first floor flue extractor equipment; and, a first floor window with the replacement of the window via a pair of patio doors and creation of balcony terrace to serve new apartment No. 4 with 1100mm high screen railings. o East Elevation: replacement of a first floor window with a fire escape door and the installation of a metal and concrete staircase behind the existing boundary wall. The Fire escape would serve the existing Apartment 1 and new apartments 3 and 4 at first floor level as well as serving the existing third floor apartment 2. o West elevation: - the removal of two windows on the ground floor, with one window opening being taken down to ground floor level following its removal; the addition of a first floor terrace screen railings at 1100mm high (also visible from the proposed south elevation).

6.4 Overall, it is considered that these changes are acceptable on visual grounds and would not detract from the existing appearance and character of the property in this visually prominent corner location directly opposite the harbour nor would it unduly harm the character and appearance of the Ramsey Conservation Area. The visual impact of the development is considered to be acceptable and would preserve the character and appearance of the property within the Conservation Area, particularly through the removal of the existing flue extract. This accords with the provisions of Policies GEN2 b) c) and e) and; Environment Policy 35 in the Isle of Man Strategic Plan 2016.

RESIDENTIAL AMENITY (Policies GP2 g) & HP17) 6.5 The proposal would result in the conversion of the ground floor and part of the first floor first floor to create 4 additional apartments. Each flat would have its general living space (living room and bedrooms) as far as possible at the east (front) and north side of the building and would utilise the existing window apertures that provide pleasant and open views from the respective living room/bedroom areas to the front out over West Quay and the Harbour.

6.6 Each apartment would be accessed via their own door from the existing communal stairwell. No outdoor amenity space is provided for the apartments. There is level access to East Quay and Fire Escape access from the upper two floors from the east facing (Mona Street) elevation. There would be easy access to the various facilities offered by this town centre location. The new apartments Nos. 1, 2 and 3 are considered to have an acceptable outlook in terms of light into them, and outlook from them, without being too close to existing walls of neighbouring structures. However, at the first floor level, the new apartment 4, bedroom and kitchen will have their windows facing east towards Mona Street away from the harbour, and directly onto the side wall of the neighbouring structures at the rear of the Royal Hotel, and

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rear yards at Nos. 12 and 14 Market Place East. The terrace/windows from Apartment 4 would provide an outlook over the gable wall a few metres away; and, over these neighbouring properties back yards. The terrace and bathroom and bathroom windows are the only windows that would serve apartment 4.

6.7 It is considered that this would provide an unacceptably poor outlook and low level of amenity for future occupants of Apartment 4. While the level of amenities in respect of outlook from and light into Apartments 1, 2 and 3, and the impacts on adjoining buildings and their occupants is considered acceptable, it is not so for future occupants of Apartment 4.

6.8 In terms of impacts on the residential amenities that would be enjoyed by future occupants of Apartment 4, it is considered that the relationship of this apartment with the above- mentioned adjoining structures and their proximity to each other would result in undue harm arising from an unacceptably poor outlook and low level of amenity for future occupants of that Apartment and in this regard, the development would be unacceptable as it would fail to accord with the provisions of Policies GP2 and H17 in the Isle of Man Strategic Plan 2016.

NEIGHBOURS AMENITIES (Policies GP2 and ENV22) 6.9 The proposal in respect of the proposed addition of the terrace/windows in the south side of the building to serve Apartment 4 would provide an outlook over the gable wall a few metres away; and, over neighbouring properties back yards located immediately to the south. This would provide an unacceptable degree of overlooking, observation and loss of privacy to occupants of these neighbouring properties. In this regard, the development would be unacceptable and would fail to accord with the provisions of Policies GP2 and H17 in the Isle of Man Strategic Plan 2016.

PARKING AND CYCLE PARKING (Policies GP2, TP4 and TP7) 6.10 The Highways Division has considered the proposals and has raised no objections. Highways comments that bin storage and cycle parking details are to be agreed including one secure cycle space per apartment should be conditioned on permission. It is noted that separate, secure, bin and cycle storage areas are proposed as part of the ground floor layout with this application. This is considered to be acceptable. The site is located in the town centre close to shops and facilities, and it is noted that there are both public car parks and time- limited, on-street disc parking in the locality. In addition, bus stops and the Tram Station (seasonal) are within easy walking distance of the site. The provision of off-street parking can sometimes discourage more sustainable methods of transport by making parking too easy. In this regard the proposal is considered to be acceptable and accords with the provisions of Policies GP2, TP4 and TP7 in the Isle of Man Strategic Plan 2016.

FLOOD RISK (Policy EP10) 6.11 The applicant has submitted a Flood Risk Assessment as normally required by policy. The proposal would not increase the risk of flooding elsewhere, as there is no increase to the floor-space of the existing built form. It would, however, create a more vulnerable use, given that part of the proposal is to provide 2 No. a 2-bedroomed apartments on the ground floor of the building which would contain sleeping accommodation at this floor level.

6.12 DoI FRMD's objection to the scheme on the grounds that it: "cannot support an application for sleeping accommodation on the ground floor in a regularly flooded area.", is noted. DoI FRMD further advises that: "If this application is permitted FRM suggest that fixed flood gates and flood resilient vent bricks are installed (demountable barriers get lost over time and in HMOs the knowledge to fit them is not passed from occupant to occupant). We also suggest that a flood evacuation plan is produced and displayed in a prominent place."

6.13 The applicant and FRMD have not advised of any figures for AOD Douglas for this case. From reading through the PA23/00832/B application - which proposed sleeping accommodation at ground floor level at 3 West Quay, Ramsey - approx. 60 metres to the west of the site -

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FRMD advised that the OS datum was approximately 5.13m the applicant has advised that finished floor level figures for the ground floor of Shipdesign House is 385 mm above the top of the harbour wall. In respect of PA21/00547/B the DoI Flood Risk Management Team (FRMD) recommended that the finished ground floor level be set at 600mm above the 1 in 200 plus climate change flood level. Here, this would be to a level of 5.13m AOD plus 600mm to provide a minimum ground floor level of 5.73m AOD. It is not clear from the submitted details that the present ground floor level of Shipdesign House meets or exceeds the 5.73m AOD level. Attached to its consultation comments FRMD has attached 2 No. photographs relating to the normal google street view (no flooding) and a photograph from February 2022 showing a fire appliance standing in floodwater to the front of Shipdesign House. The Case Officers site photograph from March, 2024, shows a very high water level in Ramsey Harbour in front of the site.

6.14 It is noted from the third party representations received in connection with the application that the former tenant of the building advises that "The building was vacated not because it was not financially viable, it was due to the poor state of repair and continual ingress of water and damp. This resulted in continual mould problems." The former tenant further states that: "the building suffered significant flooding in 2014. ... The cellar filled with water necessitating staff to assist in siphoning out the water."

6.15 FRMD's other concerns relate to requirements that if approved, fixed flood gates and flood resilient bricks should be installed. Installing demountable flood barriers gives rise to problems of how to store and deploy them; that the occupants are fit & healthy enough to fit such devices during a flood event; and that the barriers get lost over time plus the knowledge of how to fit them is not always passed onto subsequent occupants. Also that a flood emergency/evacuation plan should be produced and displayed in a prominent place. It is also noted that the proposed flood defences on the quayside have not yet been constructed and therefore cannot be counted on as a source of protection the property. The fact that the site has previously flooded, and that the proposals would introduce sleeping accommodation at ground floor level in a High Risk Flood Zone next to Ramsey Harbour is unacceptable in respect of the personal safety of occupants of the ground floor apartments. This is contrary to the provisions of General Policy 2 (l), and, Environment Policy 10 in the Isle of Man Strategic Plan 2016.

LOSS OF TOWN CENTRE BUSINESS USE TO RESIDENTIAL (Business Policy 10) 6.16 The proposed development for a residential use of the premises would result in the loss of any future business opportunities for this restaurant premises and would introduce a residential use in a prime location retail/business/tourist location adjoining Ramsey Harbour and close to the Market Place car park where residents, shoppers, tourists, harbour and off-shore workers would pass through and occasionally congregate. Whilst the loss of the existing business cannot be controlled through the planning process, the loss of opportunities for a future commercial or business use of the premises can, and overall it is considered that a residential use would diminish the business opportunities offered by the Town Centre, and as a result would assist in reducing the attraction and offering of the Town Centre to visitors.

6.17 This is contrary to the provisions of Business Policy 10 in the Isle of Man Strategic Plan 2016; and, Policy Town Centre Proposal 1a: East Quay Character Area, Ramsey, Part 2 which indicates that: "2. Shops, financial and professional services or food and drink uses are acceptable within quayside buildings. Residential use to upper floors of warehouse buildings is an acceptable alternative to shop storage;" in the Ramsey Local Plan 1998 (Planning Circular 2/99).

IMPLICATIONS FOR ECOLOGY (Policy GEN2 d) and ENV5) 6.18 The comments received from the Ecosystems Policy Team (EPT) are noted. These relate to concerns regarding the impact of the works of development on a large colony of swifts which was found nesting in a building across the road from Shipdesign House in 2022, which as it

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turns out, is the largest known colony on the Isle of Man. The concerns that the works could result in the damage, destruction or blocking of swift nests sites, or the disturbance of a Wildlife Act 1990 Schedule 1 species whilst nesting, all of which would be offences, is noted. This could be avoided by conditioning that any works to external surfaces of the building are carried out outside the February - October bird nesting season. The request that an ecological assessment for breeding swifts is undertaken by a suitably qualified ecological consultancy, is considered to be onerous given that the large proportion of works covered by the proposal is for internal works with very little other than opening up window and door apertures and the installation of a fire escape being external works. No alterations to the roof are proposed. If an approval were to be granted, conditions could be attached requiring no external works to be carried out during the bird nesting season and that Swift cups be installed on the northern side of the building. It is considered that given the concerns raised, such measures would be reasonable in the context of the development proposed and would accord with the provisions of Policy GEN2 d) and ENV5 of the Isle of Man Strategic Plan 2016.

7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the proposed development is unacceptable for the reasons outlined above in that it would put future occupants of the ground floor apartments at harm from flood risk; and, would result in the permanent loss of existing business premises within Ramsey Town Centre.

8.0 RECOMMENDATION 8.1 It is recommended that permission be refused.

9.0 INTERESTED PERSON STATUS 9.1 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.

9.2 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

9.3 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. __

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

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Decision Made : ...Refused... Committee Meeting Date:...05.08.2024

Signed :...C BALMER... Presenting Officer

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

Signatory to delete as appropriate YES/NO See below

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.

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PLANNING COMMITTEE DECISION 05.08.2024

Application No 24/00199/B Applicant Mr Kenneth Devaney Proposal Conversion of Former Ground Floor Restaurant and First Floor Function Room Into four Apartments, roof alterations for the creation of a second floor terrace for existing apartment. Site Address Shipdesign House East Quay Ramsey Isle Of Man IM8 1BA

Planning Officer Hamish Laird Presenting Officer Chris Balmer Addendum to the Officer Report

The officer's recommendation and reason 2 for the refusal was removed at the request of the members.