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23/00421/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00421/B Applicant : Mr Matthew Reed Proposal : Conversion from commercial to residential Site Address : 3 Collins Lane Ramsey Isle Of Man IM8 1AL
Planning Officer: Paul Visigah Photo Taken : Site Visit : Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 30.08.2024 __
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.
C 2. Prior to the installation of the flood resistant doors that are to be installed on all ground floor external doors, as additional mitigation measures within the development hereby approved, details of the proposed doors shall be submitted to and approved in writing by the Department.
The details shall include the manufacturer's details, door specification, and maintenance details.
The development shall not be occupied or brought into use unless the flood doors have been installed in accordance with the approved details.
Reason: To safeguard the amenities of prospective occupiers and to ensure the development complies with Environment Policy 10 of the Strategic Plan.
This application has been recommended for approval for the following reason. It is considered that the proposal would not have significant adverse impact upon public or private amenity, neighbouring amenity or parking and highway safety, and would therefore comply with Strategic Policy 1, 2, and 10, General Policy 2, Housing Policy 4, Transport Policy 7 of the IOM Strategic Plan 2016, and the Residential Design Guide 2021.
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Plans/Drawings/Information;
This decision relates to the documents and plans received 21 April 2023, Flood Risk Assessment received 20 June 2023, and correspondence from the applicant on flood doors, received 28 August 2024. __
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:
o Flood Management Division (DOI) __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The site represents the curtilage of 3 Collins Lane, Ramsey which is a two storey traditional property located along the western side of a pedestrian walkway know as Collins Lane which links West Quay and Parliament Street. The lane also serves as a pedestrian access for a number of other properties along Collins Lane (mainly rear access). Collins Lane was upgraded as part of the Regeneration Scheme in Ramsey Town.
1.2 The property which is a commercial property has no direct links to the main thoroughfares in Ramsey as it sits along a lane with links to both Parliament Street and West Quay.
2.0 PROPOSAL 2.1 Planning approval is sought for Conversion from commercial to residential. The existing building which has operated as a commercial property, with the last planning approval further reinforcing the commercial use of the building would be converted entirely to a dwelling. The main change to the appearance of the building would involve the removal of one of the windows on the front elevation of the property and its replacement with an entrance door. No other external change is proposed.
2.2 The floor area of the resulting new dwelling would accommodate three bedrooms (one with ensuite), a stairway to the upper floor within the entrance hall, and bathroom on the ground floor. The entrance hall, and two bedrooms on the ground floor will have doors leading to the rear yard, while the third bedroom would have a door opening up to the lane.
2.3 On the first floor, the dwelling would have an open plan sitting area, kitchen, and dining, as well as a snug/office. All the windows serving the first floor overlook the lane.
2.4 The application is supported by a Design and Access Statement from which the following information has been obtained: o The proposal will enact the covered bins store from the previous application. (No bin storage details are provided). o There are no car parking provisions. o No provision is made for cycle storage
2.5 A Flood Risk Assessment has been provided as supporting documentation for the application. Mitigation is to be in the form of installing a flood gate on the entrance door. The flood door will be an Aluminium Nautilus barrier (or similar approved) to be specified in accordance with manufacturer instructions. The FRA also notes that a flood management plan
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is to be implemented, which will include responsibility holders, monitoring of weather and tide patterns, and enact mitigation measures before, during and after any flooding events should they arise; also maintenance of the gate.
2.6 Following discussions with the applicants, they have agreed to install flood doors on all external opening doors as a mitigation measure for floods, instead of flood barriers at the property.
3.0 PLANNING POLICY 3.1 Site Specific: 3.1.1 The application site is zoned as 'Town Centre - Mixed use' under the Ramsey Local Plan Order 1998, and the site is not within a Conservation Area. The site is prone to surface water flood risks, as well as high tidal flood risks.
3.2 Local: RAMSEY LOCAL PLAN 1998 3.2.1 The following sections of the Ramsey Local Plan Written Statement (Planning Circular 2/99) are considered relevant: a. Policy RIRfP4: Use of Upper Floors for Residential Purposes The upper floors above shops are often under-used. Use of this space for residential purposes will be encouraged, subject to compliance with the Housing (Flats) Regulations. Change of use from residential to office use will not generally be permitted. b. Policy RTTC/PI Retail Uses There will be a general presumption in favour of retention of retail uses at ground floor level in the main shopping streets (Peel Street, Bourne Place, Market Hill, Market Place (West), Parliament Street (excluding Auckland Terrace), East Street, Parliament Square (East side). Office uses (including finance related establishments) at ground floor level will not be permitted to occupy more than 30% of the street frontage in any one block between public and vehicular highways in these streets. c. Policy R/TC/P3 Upper Floors The use of upper floors as retail units, offices and apartments shall be encouraged particularly where premises are currently vacant (see also Policy RfRfP4). d. Policy R/TC[PIO Parking Standards Town centre parking standards for offices at 1 space per 50 sqm. nett shall be applied to all new development/redevelopment and conversion schemes. If necessary, consideration may be given to acceptance of a lesser standard for development proposals within the designated Conservation Area. Elsewhere, discretion may be applied if this can be justified by specific site constraints. e. Housing "9.7 Approximately 36% of properties in the town centre are rented, this being a reflection of the number of apartments above shops, principally in St Paul's Square and along Parliament Street. The importance of residential uses within the town centre is generally recognised, and in addition, it is considered that residential use on upper floors of commercial buildings should continue to be permitted in order to assist in the buildings' maintenance and refurbishment (reference: Policy PUTC/P3)."
3.3 National: ISLE OF MAN STRATEGIC PLAN 2016 3.3.1 Relevant Strategic Plan Policies: a. General Policy 2 - General Development Considerations. b. Strategic Policy 1 - Efficient use of land and resources. c. Strategic Policy 2 - Priority for new development to identified towns and villages. d. Strategic Policy 3 - Development to respect the character of our towns and villages. e. Strategic Policy 4 - development proposals must protect or enhance the nature conservation and landscape quality of urban as well as rural areas. f. Strategic Policy 5 - Design and visual impact. g. Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel.
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h. Environment Policy 10 and 13 - Development and flood risk. i. Environment Policy 42 - new development should be designed to take into account the character and identity of the area. j. Housing Policy 4 - New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages. Refers to exceptional circumstances where new housing will be permitted in the countryside. k. Transport Policy 1 - Proximity to existing public transport facilities and routes, including pedestrian, cycle and rail routes important for new development. l. Transport Policy 4 - New and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan. m. Transport Policy 7 - Parking considerations/standards for development. n. Community Policy 7 - designed to prevent criminal and antisocial behaviour. o. Community Policies 10 and 11 - implement best practice so as to reduce outbreak and spread of fire. p. Infrastructure Policy 5 - Developments should incorporate methods for water conservation.
3.4 Area: AREA PLAN FOR THE NORTH AND WEST
3.4.1 It must be noted that at the time of writing, the Draft Area Plan for the North and West is not formally adopted and is only, at this stage, a broad direction of how planning policy is reviewing the areas. Their proposals can still be challenged at a public enquiry where an inspector could reach a different opinion to the drafts. The final draft would also need to be ratified by COMIN. This means that the 1982 development plan remains the correct land use designation and no material weight is given to the Draft Area Plan for the North and West.
4.0 OTHER MATERIAL PLANNING CONSIDERATIONS 4.1 Residential Design Guide (2021) 4.1.1 This document provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential properties and sustainable methods of construction.
4.2 The Isle of Man's Biodiversity Strategy (2015 - 2025) 4.2.1 The Department's Biodiversity Strategy is capable of being a material consideration. It seeks to manage biodiversity changes to minimise loss of species and habitats, whilst seeking to maintain, restore and enhance native biodiversity, where necessary.
4.3 Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations.
5.0 PLANNING HISTORY 5.1 The following planning applications are considered relevant in the assessment and determination of this application: a. PA 84/01299/C for Use of premises as Coffee Shop - Approved. b. PA 14/00377/B for Conversion of property from retail to a cafe / restaurant - Approved. c. PA 15/00479/B - Conversion of former antiques shop and store to a tea room and therapy rooms over two levels including installation of an extractor flue and creation of an additional entrance for disabled access provision, screened bin store and outside seating areas
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
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6.1 DOI Highways Division, find the proposal to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to install secure and enclosed cycle parking storage to aid Active Travel objectives (5 May 2023).
6.2 DOI Flood Risk Management have stated that they cannot support an application that includes sleeping accommodation on the ground floor within a flood risk zone. They note that the published FRA supposes that third party flood barriers will protect the property however it does not take in to consideration that the flood barriers for the entire Quay Side need to be in place and the current Brown Field sites in the area are also adequately defended.
They further note that if the application is approved, the proposed flood barrier mentioned in the FRA (20/6/24) section 2.4 should be conditioned, whilst stating that should this property be a rental that the fitting of flood barriers or egress from a flooding property may be difficult for untrained and people with mobility issues (21 June 2024).
6.3 The Ramsey Town Commissioners have no objection (25 May 2023/19 July 2024).
6.4 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The fundamental issues to consider in the assessment and determination of this application are: i. The principle of developing the site for residential purposes; ii. Visual Impacts of the proposal; iii. Impact upon highway safety/parking provision; iv. Amenity for future occupants; and v. Potential Flood Concerns.
7.2 PRINCIPLE OF DEVELOPING THE SITE FOR RESIDENTIAL PURPOSES (GP2, HP 17, STP 1 & 11) 7.2.1 In assessing the principle of the proposed development, it is considered that the site lies within an area designated as Mixed Use, and within the defined settlement where the proposed development would be judged to be in conformity with the adjoining uses. Likewise, the site is surrounded by a number of residential properties such that there would be no issues in terms of conflicts with the immediate adjoining uses.
7.2.2 It is vital to note that the Isle of Man Strategic Plan 2016 seeks to locate new housing and employment close to existing public transport facilities and routes, or where public transport facilities are, or can be improved, thereby reducing the need to use private cars and encouraging alternative means of transport, and it is considered that the site would meet this goal given its proximity to existing routes within Ramsey. While this does not signify a presumption in favour for all forms of housing development, it points to the fact the proposal would generally accord with the Strategic Plan goals for new housing on the Island. Therefore, in terms of the acceptability of the use of the site for residential development it is concluded that the proposal basically accords with the goals of Strategic Policy 1 and Housing Policy 4 of the Isle of Man Strategic Plan 2016.
7.2.3 Whilst it would have been more appropriate for the ground floor of the property to be retained for commercial use (which would ensure the proposal aligns with Paragraph 9.4.5 of the Strategic Plan), the property does not sit along the main retail corridors as it sits within a rear lane and away from these core retail areas, such that the use of the entire building for residential purposes would not compromise the goals to retain ground floor areas for retails use along prominent shopping corridors. Besides, the property has remained unoccupied for some time, and the scheme would optimises the use of this under-used building and bring it into active/productive use, whilst also creating new residential accommodation in line with Strategic Policies 1 and 11 of the strategic Plan.
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7.2.4 It is, however, worth noting that the factors highlighted above do not in any way denote automatic approval for residential use of the site, given that the development of the site would have to be appropriate for the existing site character, character of locality and not result in adverse impacts on other attributes of the site, such as biodiversity, flood matters and/or neighbouring amenity. Therefore, it still remains necessary to assess the proposed development against other relevant planning policies and the physical constraints of the application site.
7.3 VISUAL IMPACTS (GP2 & STP3) 7.3.1 With regard to possible impacts on the character or appearance of the site, it is noted that the proposal involves only minor physical changes to the façade, that is, the replacement of a window with a door which would be in keeping with the age and appearance of the building, with the external elevations retained largely in its current form. Likewise, no concerns are raised over the proposed alterations from a visual standpoint in terms of its subsequent interaction with the immediate street scene. Therefore, it is not considered that there would be detrimental visual impacts from the proposal on the site and surrounding area.
7.3.2 Based on the foregoing, it is considered that the proposals would be acceptable from a design and visual impact perspective, in that no adverse visual impacts would result to the property or immediate street scene, in compliance with General Policy 2 (b) and (c).
7.4 POTENTIAL IMPACT UPON PARKING/HIGHWAY SAFETY (GP2 & TP7) 7.4.1 In terms of potential impacts on parking and highway safety, it is considered that there are no parking provisions for the site. However, it is clear within Appendix 7 of the Strategic Plan that there would be a relaxation of the parking requirements for developments within town centre locations and previously developed sites, having regard to matters such as the location of the housing relative to public transport, employment, and public amenities, the size of the dwelling, the impact on the character and appearance of the surrounding area. In this case, it is considered that the site is close to an existing public transport corridors within Ramsey, within close proximity to a number of car parking facilities, and it is also considered that the proposal offer opportunities to find a use for a redundant building which is in sound condition.
7.4.2 Moreover, there are taxi ranks in the vicinity, and the property is within walking distance to the town centre and a variety of amenities, local services and employment opportunities to encourage pedestrian movement amongst the above, meaning that further relaxation of parking standard is acceptable.
7.4.3 Further to the above, DOI Highways raise no objection to the application save for the advice that the applicants provide secure and enclosed cycle parking storage to aid Active Travel objectives.
7.4.4 Overall, given the site is within the town centre, close to services and shops, close to public transport links and public parking, and as the works would facilitate the re-use of a redundant building, it is considered that the lack of off street parking provision in this case is acceptable and would not significantly effect on-street parking or highway safety in the locality.
7.5 THE AMENITY OF FUTURE OCCUPANTS (GP2) 7.5.1 With regard to the amenity space provisions for the new dwelling, it is considered that the lounge/kitchen and dining areas, as well as the bedrooms are positioned such that they are afforded views out with clear and pleasant outlook. There is also provided adequate amount of space within the dwelling suitable for the required number of occupants.
7.5.2 Furthermore, there is ease of level access to good public open space that would provide an added degree of amenity provision in the area, with the site being situated close to many
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public outdoor spaces within Ramsey (such as the war memorial, the Promenade, Ramsey Bay, and Sulby River). The bin storage provision on the ground floor would also be accessible for use by occupants of the apartment. As well, the property has access to a rear yard which has suitable levels of planting which would offer a suitable outdoor living space for the occupants.
7.6 FLOOD CONCERNS (EP 10, EP 13 & GP 2) 7.6.1 In terms of flood risks associated with the development, it is noted that the site is within an area associated with high tidal flood risks, with the DOI Flood Risk Management maintaining the position not to support schemes in such areas, despite the applicants providing a flood risk assessment as required by Environment Policy 10. The fact that application also proposes to locate sleeping accommodation on the ground floor also increases the potential for increased flood vulnerabilities for future occupants of the proposed dwelling on site.
7.3.2 Notwithstanding the above factors which weigh against the proposal, the applicants have provided a Flood Risk Assessment which provides details of proposed mitigation measures that would serve to ensure that appropriate mitigation for flood impacts have been provided within the submission which indicates that the proposal satisfies part of Environment Policy 10. The applicants have also indicated that they would be willing to install flood doors on all external doors to further diminish potential flood concerns, added to the existing flood barrier which provides flood mitigation for the properties here. It is also worth noting the ground floor area where the bedrooms would be situated sits well above the predicted flood levels for the area. Based on the foregoing, it is not considered that there would be sufficient risk of flooding to the residential use to such as extent that would warrant refusal of the proposal.
7.3.3 Perhaps, it would be vital to state that the policy test (as stipulated in EP 10 and EP 13) is whether the proposal would result in an unacceptable risk from flooding, either on or off-site. As such, given that the floor level of the proposed residential unit would be considerably above any established or predicted flood levels for Ramsey, and as a Flood Risk Assessment has been provided which sets out appropriate mitigation measures should floods occur, it is considered that the requirements of Environment Policies 10 and 13 have been met in the current case. Albeit, conditions would be attached to ensure that the scheme is implemented according to the recommended flood mitigation measures provided in the Flood Risk Assessment and Correspondence dated 29 August 2024.
8.0 CONCLUSION 8.1 For the reasons outlined above it is considered that the planning application is in accordance with the aforementioned policies of the Isle of Man Strategic Plan 2016 and the Ramsey Local Plan, and it is therefore recommended for approval.
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:
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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
Decision Made : Permitted Date : 04.09.2024
Determining officer Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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