28 March 2024 · Planning Committee
3 West Quay Ramsey Isle Of Man IM8 1dw
The proposal involved converting an empty former dental surgery on the ground and first floors of a 4-storey building in Ramsey town centre into two new apartments, with one ground floor unit designed for wheelchair access, plus replacement windows, doors, and render/stone cladding on elevations.
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The Planning Committee overruled the officer's recommendation for approval, determining that ground floor sleeping accommodation in a high-risk tidal flood zone was unacceptable, as one bedroom is at …
General Policy 2
Requires development not on land subject to unreasonable risk of flooding (l). Committee found ground floor residential in high flood risk zone with no mitigation unacceptable, failing this test despite officer view that FFL at 5.14m exceeded predicted levels.
Environment Policy 10
Requires flood risk assessment and mitigation where flooding potential exists. Officer found FRA and levels adequate but Committee ruled no prevention/mitigation proposed for sleeping accommodation, harming safety.
Environment Policy 35
Permits development in Conservation Areas only if preserving/enhancing character. Officer assessed external alterations (new uPVC windows/doors, retained Manx stone after amendment) as acceptable, not harming Ramsey Conservation Area.
Housing Policy 17
Permits conversions to flats if adequate amenity/parking/outlook. Officer found acceptable despite no outdoor space due to town centre location.
Transport Policy 7
Requires parking per standards. Highways supported with cycle storage condition due to sustainable location.
No significant negative impact upon highway safety, network functionality and/or parking. Site in sustainable location. Secure cycle parking acceptable in principle if at least two provided (conditionable).
Highway Services Division raised no objections to the application with advisory comments on cycle parking. Flood Risk Management Division objected due to flood risks from tidal flooding and sleeping accommodation on ground floor, requesting clarification on floor levels and conditioning of mitigation measures.
Key concern: FRM are opposed to sleeping accommodation on the ground and basement floors of buildings in a flood zone
Highway Services HDC
No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking.; The Applicant is advised to provide secure cycle parking spaces for residents to meet Active Travel objectives.
Highway Services HDC
Conditional No ObjectionHighway Services HDC have reviewed the updated information for planning application 23/00832/B dated 30 Nov 2023 online and consider the type of secure cycle parking facility proposed is acceptable in principle. However, at least two should be provided for the 2 new flats (one each) and the applicant should show where these would be provided on the layout plan.
Conditions requested: additional information is needed or could be conditioned on permission
Department of Infrastructure Flood Risk Management Division
ObjectionDefer - FRM require a full Flood Risk Assessment along with levels to Douglas o2 before any comment can be made.; Object - Sleeping accommodation should not be on a ground floor in a flood zone and especially not for disabled use.
Department of Infrastructure Flood Risk Management Division
ObjectionThe property is at risk of tidal flooding with a flood height for the 1 in 200year plus cc being 5.64mD02 for Ramsey we also recommend 300mm freeboard on this level.; The applicant’s FRA does state mitigation measures which we support and would requested that these be conditioned.; With regard to demountable flood barriers the issue we have with these is the deployment of these long term...
Conditions requested: these [mitigation measures] be conditioned
The original application for conversion of ground and first floor commercial units (former dental surgery) to create 2 additional apartments was recommended for approval by the Planning Officer but refused by the Planning Committee on 25 March 2024 for flood risk to ground floor sleeping accommodation (GP2(l), EP10) and loss of ground floor commercial use in town centre (BP10, Town Centre Proposal 1a). Appellant argued flood mitigation measures (FRA with barriers, raised floors, resilience features) and lack of commercial demand (vacant 3 years). Council defended refusal emphasising flood vulnerability and need for ground floor shops/services. Inspector agreed ground floor posed unacceptable flood risk (inadequate barriers, rear bedroom vulnerable) and harmed town centre vitality; allowed first floor conversion and associated works as compliant with policies. Minister accepted recommendation on 7 October 2024 issuing split decision.
Precedent Value
Demonstrates ground floor residential in flood zones requires robust, evidenced mitigation approved pre-permission; town centre ground floors must show exhaustive commercial marketing; split decisions viable for partial schemes. Future applicants should submit detailed flood management schemes and full commercial marketing reports upfront.
Inspector: Frances Mahoney MRTPI IHBC