DEC Decision Notice

Isle of Man

Government Sollige Elan Vener

Mark Messham C/o John Ingham Car Sales The Quay Ramsey IM8 1DN

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Mark Messham, Ref 13/00744/B, for the erection of a two storey building with single storey link and alteration of parking area. Proposed use; a) environmental ground and soil testing as amplified by the documentation received 03.09 .13 or b) additional floor space/accommodation for adjacent auction house at Former Factory Building Gladstone Avenue Ramsey Isle Of Man IM8 2LE subject to compliance with the following condition(s):

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Nos. 01 (site location plan); 02 and 04 (existing and proposed site layout), 03 (existing contextual elevations); 05 (detailed proposed site layout); 06 (proposed floor plans); and 07 (proposed elevations) received on 24 June 2013; and Drawing Number 09 (front and rear contextual elevations) received on 12 August 2013.
3. The building hereby approved shall not be used other than for either (a) purposes ancillary to the adjacent auction house or (b) a laboratory/office, unless the Planning Authority grants its prior written approval to any variation.

Date of Issue: 4th November 2013 M ballghe. Director of Planning and Building Control

Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them.

This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005.

Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]

Case Officer: Mr Edward Baker Photo Taken: Site Visit: 10.07.2013 Expected Decision Level: Officer Delegation

Officer's Report

The Application Site

1. The application site is referred to in the application as the former factory building, Gladstone Avenue, Ramsey. The site comprises a commercial building, which it is understood is currently occupied by a home removals business and auctioneers. The site is situated to the north side of Poyll Dooey Road from which it is accessed. Across the road from the site to the south east is a housing estate (Gladstone Avenue). To the north (rear) are fields, to the south is a large detached dwelling (Ridgeway House) and to the west vacant land beyond which is a business park (Gladstone Park). There is a parking area in front of the building. To the west of the car park, and within the site, is a small electricity substation.

The Proposal

1. The application seeks planning approval for the erection of a linked two storey building next to the east end of the current building. The applicant has confirmed that the extension is to be used either for (a) environmental ground and soil testing; or (b) additional floor space for the adjacent auction house. Originally, the intended use of the extension was unclear but has since been clarified by the applicant. The amended description has been subject to full re-consultation with the application re-advertised.

1. The first option is to use the building for environmental ground and soil testing. The building would be used by a ground and soil tester who is currently occupying the former Isle of Man Bank, Ramsey, which the applicant also owns. The tenant would relocate to the new building at the application site. They have provided information on the services they provide which include:

• Site investigations (geotechnical, contamination and soil and ground water testing)
• Concrete services (concrete mix design, inspection of facilities and on-site testing)
• Quarrying and mining services (prospecting, consultation on plant and inspection and test of products)
• Laboratory testing
• Design service (consultation on proposed developments)

Application No.:	13/00744/B
Applicant:	Mark Messham
Proposal:	Erection of a two storey building with single storey link and alteration of parking area. Proposed use; a) environmental ground and soil testing as amplified by the documentation received 03.09.13 or b) additional floor space/accommodation for adjacent auction house
Site Address:	Former Factory Building Gladstone Avenue Ramsey Isle Of Man IM8 2LE

1. The proposed use would be akin to a laboratory and office with soil samples taken from site and assessed in the new building. It is understood that there would be no noisy plant or equipment.
2. The second option is for the building to be used by the auction house next door. The new building would be used for office and storage purposes.
3. There would be a single storey covered link between the two buildings. The new building would be rendered and the existing building - which is currently brick - would also be rendered to match. The proposal also includes the enlargement and reconfiguration of the car park at the front of the building.

Planning History

1. 08/01322/B - approval granted in 2008 for the erection of an extension.
2. 08/00540/C - approval granted in 2008 for a change of use of industrial unit to an auction house.
3. 95/01797/B - approval granted in 1996 for the erection of an electricity substation.
4. There are various other mostly older planning decisions, none of which are considered directly relevant to the current application.

Planning Policy

1. The Ramsey Local Plan 1998 identifies the site and adjacent land as being in light industrial use.
2. General Policy 2 of the Isle of Man Strategic Plan 2007 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: (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; (1) 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.'

1. Environment Policy 22 of the Isle of Man Strategic Plan 2007 states:

'Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution.'

1. Business Policy 5 of the Isle of Man Strategic Plan 2007 states:

On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either: (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area.

1. Business Policy 7 of the Isle of Man Strategic Plan 2007 states:

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.

1. Business Policy 8 of the Isle of Man Strategic Plan 2007 states:

New office buildings should, in terms of height and mass, respect the scale and character of adjoining and nearby buildings and should accommodate parking space in accordance with the standards specified in Appendix 7 of the Plan.

1. Transport Policy 7of the Isle of Man Strategic Plan 2007 states:

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

Representations

1. Ramsey Town Commissioners - no objection to the application as originally publicised. No response to the re-advertising of the application.
2. Highways Division - no objection.

Assessment

Whether the site is a suitable location in principle for the proposed building

1. The proposal seeks to either expand the existing auction house floor space or facilitate the relocation of an existing environmental ground and soil testing business in Ramsey, which is to all intents and purposes a laboratory/office use. The auction house option does not strictly accord with the light industrial zoning of the site; however neither does the current use of the wider site. The environmental and soil testing option does meet the definition of a light industrial use. Either proposal for business use is considered to accord with the wider aims of the Isle of Man Strategic Plan which include the encouragement of business and economic development. The proposal would help support the economy and the site has an established business use. The site is considered suitable location in principle for the proposed building and its intended alternative uses.

The effect of the proposal on the character and appearance of the area

1. The design of the new building has the form of offices and in terms of its appearance and form is quite different from the much larger span existing building. The new building will be in a prominent position next to the road and opposite the housing on Glanville Road. The applicant has been asked whether they have explored any other siting options, such as to the west of the existing building which would be more low impact. However, they confirm that the substation is a constraint and that the purpose of the new building is to serve the auctioneers business and the proposed location would allow the new building to be directly attached. Despite its prominence, the proposed building has more of a domestic scale and is a more attractive design than the existing larger buildings which have more of a feel of warehousing. In the round, it is considered that the new building would not be harmful to the character and appearance of the area. The rendering of the existing building raises no visual amenity concerns and will arguably improve its appearance.
2. The enlargement of the car park would have a minimal visual impact.

The effect of the proposal on neighbour amenity

1. Subject to the use of the new building either being for purposes ancillary to the auction house or as a laboratory/office, which can be controlled by condition, the proposal should not result in any harm to neighbour amenity by way of noise or other environmental conflicts. The alterations to the car park raise no neighbour amenity concerns.

Access and parking

1. The Highways Division offers no objection to the application. The means of access to the site is considered sufficient to accommodate the traffic that would likely be generated by the alternative proposals and the enlargement of the car park should actually improve the parking situation. It is considered that there would be sufficient parking spaces to serve the building. There is no evidence to suggest that the proposals would adversely impact on highway safety or the free flow of traffic.

Recommendation

1. It is recommended that approval is granted.

PARTY STATUS

1. The Local Authority, Ramsey Town Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.
2. The Highways Division is part of the Department of Infrastructure and for applications made prior to August 2013 is not an Interested Party.

Recommended Decision: Permitted

Date of 29.10.2013 Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> O : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Nos. 01 (site location plan); 02 and 04 (existing and proposed site layout), 03 (existing contextual elevations); 05 (detailed proposed site layout); 06 (proposed floor plans); and 07 (proposed elevations) received on 24 June 2013; and Drawing Number 09 (front and rear contextual elevations) received on 12 August 2013.

C 3. The building hereby approved shall not be used other than for either (a) purposes ancillary to the adjacent auction house or (b) a laboratory/office, unless the Planning Authority grants its prior written approval to any variation.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : $\qquad$ Determining officer (delete as appropriate)

Signed : ________________________________ Anthony Holmes Senior Planning Officer Signed : ________________________________ Michael Gallagher Director of Planning and Building Control Signed : ________________________________ Sarah Corlett Senior Planning Officer Signed : ________________________________ Jennifer Chance Development Control Manager

29 October 2013 13/00744/B Page 6 of 6

PA13/00744/B

Mark Messham

Erection of single and part double extension to existing commercial building and re-organisation of existing parking facilities,

Former Factory Building Gladstone Avenue Ramsey Isle Of Man IM8 2LE

Planning Officer:

Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 27.06.2013, includes;

MEA HV:

MEA High Voltage Cables: HV_SITE

Dev Control Polygons:

Reference Number: 08/00540/C Status: Permitted Proposal: Change of use from industrial unit to an auction house Reference Number: 96/00030/D Status: Permitted Proposal: Provision of advertising signs, Mannin Circuits Ltd, Gladstone Avenue, Ramsey. Reference Number: 95/00085/B Status: Permitted Proposal: Extension of factory unit, Mannin Circuits, Gladstone Avenue, Ramsey. Reference Number: 95/01797/B Status: Permitted Proposal: Erection of detached M.E.A. sub-station, Mannin Circuits Ltd, Gladstone Avenue, Ramsey. Reference Number: 01/02128/A Status: Refused on Review Proposal: Approval in principle for erection of dwellings Reference Number: 08/01322/B Status: Permitted Proposal: Erection of extension

PLanning Enforce:

Reference: 09/00343/COMP Status: Case Closed Nature of Enforcement: Alleged Breach of Planning control

Flood Zones:

Flood Zone Location: Sulby

Return Period: 200 year

816858

898118

499930 (me)

Site Note

• not wavened my scale & position, area unvently open.

• gratifying site.

• matures & detailing of elevations? sample?

• can my word above existing? keep right strong

fa 10/2/15