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                                      21/00585/B                                     Page  1  of  13

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. 21/00585/B Applicant : Shearwater Properties Limited Proposal Erection of a building to provide retail and office space, with associated access, parking, landscaping and drainage Site Address Former Barry Curran And Farmers Combine Site West Quay Ramsey IM8 1DL

Case Officer :

Mr Chris Balmer Photo Taken :

Site Visit :

Expected Decision Level Planning Committee

Recommendation

Recommended Decision: Permitted Date of Recommendation 23.09.2021

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. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only.

Reason: In the interests of highway safety.

C 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

C 4. The development shall not be occupied or operated until the secure and bicycle store and motorcycling parking bays have been provided in accordance with the approved plans. The secure and covered bicycle store and motorcycling parking bays shall be retained at all times thereafter.

Reason: To promote sustainable travel in the interests of reducing pollution and congestion.

C 5. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been

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submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.

Reason: In the interests of the character and appearance of the site and surrounding area.

C 6. The development shall be carried out in strict accordance with the mitigation measure detailed in Section 5.1 of the Manx Wildlife Trust's Preliminary Ecological Appraisal dated March 2021 submitted with the planning application and one cavity bat box/brick, one crevice bat box/brick, two nest boxes for house martins and two nest boxes for swifts to be installed on site in the locations detailed in the proposed elevations drawings dated April 2021.

Reason: To provide adequate safeguards for the ecological species existing on the site.

C 7. The development shall not be occupied until the refuse storage has been provided in accordance with the details on drawing P02 REV A and P05, and shall thereafter be retained solely for this purpose.

Reason: In the interests of the appearance of the development and of the amenities of the area.

C 8. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including tree planting/tree planting pit details) showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation/operation of the building/s hereby permitted.

Reason: To ensure the provision of an appropriate landscape setting to the development.

C 9. No development shall commence on site until final design details of proposed flood resilience and resistance measures as set down in section 5 of the FRA dated May 2021 have been submitted to and approved in writing by the Department. Any proposed measures should be designed to a 1 in 200 year plus climate change tidal event.

The development shall not be carried out unless in accordance with the approved details and thereafter retained.

Reason: To ensure that there is adequate flood protection of the site.

C 10. The building hereby approved shall not be occupied unless it has been erected in accordance with the finished ground floor level, of 4.90mAD02 as shown on drawing PO5 and outlined within the Flood Risk Assessment.

Reason: In the interest of adequate flood defences; the application has been considered acceptable on this basis and the visual amenities of the street scene.

C 11. No development shall commence on site until further details (demonstrating adequate capacity etc) of the attention tank to the rear car park have been submitted to, and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.

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Reason: To ensure that there is adequate flood/surface water protection of the site/area.

C 12. All site clearance including the removal of hedgerows, trees or shrubs brambles, ivy and other climbing plants (hereafter referred to as site clearance) that may be used by breeding birds shall take place outside of 1st March and 31st August inclusive. No site clearance shall take place during that period unless a detailed check of the site for active birds' nests has been undertaken and written confirmation has been submitted to the Department that no birds will be harmed and that there are appropriate measures in place to protect nesting bird interest on the site, if found.

The check shall be undertaken no later than 14 days before the commencement of any site clearance and no site clearance or other works in connection with the development hereby approved shall commence unless the written confirmation and protection measures have been submitted to and approved in writing by the Department. The development shall be carried out in accordance with the approved protection measures.

Reason: In the interest of safeguarding the habitat of local bird species

This application has been recommended for approval for the following reason. It is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan 2016 & The Ramsey Local Plan 1998, having no significant impact upon public or private amenities for the reasons set out in this report.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers all received;

06.06.2021 P01 P05 P06

ENERGY STATEMENT PRELIMINARY ECOLOGICAL ASSESSMENT REPORT TRANSPORT STATEMENT INTERIM TRAVEL PLAN ARCHITECTS DESIGN STATEMENT PLANNING STATEMENT

02.08.2021 FLOOD RISK ASSESSMENT AND WATER MANAGEMENT AND DISPOSAL STRATEGY

17.08.2021 P02 REV A P03 REV A P04 REV A

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Interested Person Status - Additional Persons

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

Flood Management Division (DOI) __

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT

1.0 THE APPLICATION SITE 1.1 The application site is the curtilage of the former Barry Curran Motor Dealership Site and the Former Farmers Combine building, both of which have recently been demolished. The sites are currently clear of any building, other than perimeter fencing around the boundaries of the site. The site is on West Quay, Ramsey, is on a corner plot which is located on the southern side of West Quay, west of Christian Street and north of Auckland Lane.

2.0 PROPOSAL 2.1 The application seeks approval for the erection of a building to provide retail and office (not defined) space, with associated access, parking, landscaping and drainage.

2.2 The building would run along the majority of the northern boundary of the site fronting onto West Quay. The building would be a three storey building with pitched roof. The building would be finished in a mixture of render, brick cladding and natural stone with artificial slate to roof.

2.3 The ground floor of the building would be retail use and the first and second floors would be office space. The main entrance for the Office is to the side of the building which fronts onto Christian Street. The retail unit is accessed to the rear of the building.

2.4 To the side and rear of the site is a parking area which has a total of 48 car parking spaces (including 3 disabled spaces). The paring areas would be access from a new access (location of former Farmers Combine building) onto West Quay and from Auckland Lane to the rear of the site. Bin storage is also accesses from Auckland Lane.

3.0 PLANNING HISTORY 3.1 The following previous planning applications are considered relevant in the assessment and determination of this application:-

• Erection of a building to provide retail and office space and six residential apartments with associated parking provision - 09/00954/B - APPROVED
• Erection of a building to provide retail and office space and seven residential apartments with associated parking - 08/01012/B - APPROVED

3.2 From the 15th October 2019 and by order of the Department, the former Farmers Combine Warehouse, 33 West Quay, Ramsey (formerly RB293), was removed from the Register of Protected Buildings by way of PA19/00235/CON.

4.0 PLANNING POLICY

4.1 Application Site 4.1.1 The application site is within an area of 'Town Centre Use (mixed use)' under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998, hereafter referred to as the Ramsey Local Plan. The site is not within a Conservation Area. The site is within a High Flood Risk - Tidal.

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4.2 Strategic Plan (2016) 4.2.1 The following policies of the Strategic Plan are relevant.

4.2.2 Strategic Policies

• Strategic Policy 2 directs development to existing settlements
• Strategic Policy 6 directs employment-generating development to existing centres
• Strategic Policy 9 and Business Policies 7 and 10 direct retail and office development to town centres (Business Policy 9 indicates such provision should be at an appropriate scale, with potential need for Retail Impact Assessments)
• Strategic Policy 10 promotes an integrated transport network to minimise journeys, support sustainable modes and ensure safety
• Spatial Policy 2 directs development outside of Douglas to the 5 Service Centres (which include Ramsey) to provide regeneration and choice of location for housing, employment and services
• Business Policy 1 encourages the growth of employment opportunities
• Business Policy 5 seeks new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas

4.2.3 Design Policies

• Strategic Policy 5 requires new development to make a positive contribution to the environment (and in some cases requires a design statement)
• General Policy 2 sets out normal 'Development Control' requirements, including around design and amenity, transport, environmental performance and designing out crime
• Environment Policy 42 - requires new development to take account of the particular character and identity, in terms of buildings and landscape features, of the immediate locality.
• Environment Policy 43 supports proposals to regenerate run-down areas
• Business Policy 8 indicates new office buildings should, "in terms of height and mass, respect the scale and character of adjoining and nearby buildings" and meet parking standards
• Community Policy 7 - designing out crime
• Community Policy 11 - prevention of outbreak and spread of fire
• Infrastructure Policy 5 - water conservation and management measures
• Energy Policy 5 requires energy assessments for larger developments

4.2.4 Environment Policies

• Environment Policy 10 requires Flood Risk Assessments in areas at risk of flooding
• Environment Policy 13 states, "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted"

4.2.5 Transport

• Transport Policy 4 protects safety for pedestrians and vehicles in the design of highways
• Transport Policy 6 gives the same weight to pedestrians as to vehicles
• Transport Policy 7 indicates developments should meet the parking standards set out in appendix 7
• Transport Policy 8 requires Transport Assessments for major developments

4.3 Ramsey Local Plan (1998) 4.3.1 The following policies of the Ramsey Local Plan are relevant.

• Policy R/I/P5 Office Development states; "New office uses may be located in the Town Centre (reference: Policy R/TC/P4) and the Mooragh Promenade area (reference: Policy R/TC/P6).
• Policy R/TC/P6 West Quay states: "The west Quay area is allocated for mixed use, with a presumption in favour of rehabilitation and conversion (as against demolition) of the warehouse buildings."

5.0 OTHER MATERIAL CONSIDERATIONS

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5.1 Section 143 of the Equality Act (2017) places a duty on public bodies to promote equality, eliminate discrimination, advance equality of opportunity and foster good relations.

5.2 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.

5.3 The Town and Country Planning (Change of Use) (Development) (No.2) Order (2019) identifies areas within various towns, including Ramsey within which various changes of use from shops (1.1), financial and professional services (1.2) and food and drink (1.3) are allowed. At floors other than ground or basement, change to flats or office (Class 2.1) is allowed (subject to conditions).

5.4 The Town and Country (Permitted Development) Order (2012) allows for air source heat pumps (on dwelling houses only).

5.5 The Residential Design Guide 2021 offers advice on the application of Strategic Plan policies and detailed matters such as overlooking.

5.0 REPRESENTATIONS Full representations can be viewed via planning website.

5.1 Ramsey Commissioners have no objections (23.06.2021 & 26.08.2021).

5.2 DOI Highways 5.2.1 The Department of Infrastructure Highways Services initially responded (23.06.2021) And raised concerns in relation to visibility splays, swept path analysis, bicycle parking details, practicality of car park and size of disabled plans. They highlight the opportunity for electric vehicle charging point. They indicate the Travel Plan should be revised.

5.2.2 Following additional information being provided Highway Services provided further comments (02.08.2021) that the information/revisions were acceptable and that they do not oppose the development subject to conditions for

• Access, pedestrian and vehicle areas
• parking spaces for disabled, evcp's, cycle and motor cycle use to accord with Site Plan as Proposed to Drawing No: P02 rev A; visibility splays to Drawing No: 21003/VIS/001 Rev A and retained as such for the lifetime of the development
• shower and lockers within the building at ground and first floor levels. They also note that the developer will need a separate highway agreement for all works to connect to and in the highway.

5.2.2 Highway Services confirmed (04.08.2021) that they had no further comment in light of the amended information uploaded on 2 August 2021.

5.3 The Ecosystems Policy Officer commented (30.06.2021) that:

• they are content with the information submitted, although became aware of a pair of Oystercatchers and a pair of Herring Gulls nesting on site in 2021.
• ensure that an offence is not committed under the Wildlife Act 1990, the mitigation measures detailed in Section 5.1 of the Manx Wildlife Trust's Preliminary Ecological Appraisal dated March 2021, is included as a condition of approval.
• due to the confirmed use of the site by nesting birds, we would add that to discourage birds from nesting on the development site in future (clear rubble piles and people accessing site), and should any nesting birds be onsite work should cease and the team be contacted
• note the elevations incorporate bird and bat boxes (although integrated bird/bat bricks are preferable), and so request a condition for one cavity bat box/brick, one crevice bat box/brick,

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two nest boxes for house martins and two nest boxes for swifts to be installed on site in the locations detailed in the proposed elevations drawings dated April 2021

5.4 Flood Management Division (DOI) commented (14.09.2021) that they:

• do not object if it is possible to condition the requirement for the flood defences to be integrated into the building and that it must also be proved that the defensive are structurally sound and cable of holding back the flood water for a 1 in 200 year plus climate change tidal event.
• would also require the building to be constructed as a flood resilient building and for the surface water modelling to undertaken at detailed design as described in the flood risk assessment included with the applications submission.

6.0 ASSESSMENT 6.1 The key issues in this application are:- (A) Principle of Development; (B) Visual impact on the street scene/Impact upon adjacent Registered Building; (C) Impact upon the residential amenities of the surrounding properties; (D) Adequate parking provision / road standards; (E) Ecology matters; (F) Flood Risk; and (G) Other Considerations.

6.2 Principle of Development 6.2.1 The site is previously developed land and is zoned as being within an area of 'mixed use' and located within Ramsey town centre. The proposal would provide retail units at ground floor level (882m2 net internal area) and office use at first and second floor. Overall, the principle of the development is acceptable in this location if it can be demonstrated that there is not an unacceptable flood risk. It should be noted previous application approved these uses as well as an element of residential which is not proposed in this current application.

6.2.2 Whilst A Retail Impact Assessment maybe required as the floors area is greater than 500sqm; it is considered given the sites location within a Mixed Use area and especially given the sites is designated within a "Town Centre" location under the Ramsey Local Plan it is not considered to be required in those case. However, the proposal therefore strictly fails to comply with Business Policy 9 as a Retail Impact Assessment is not provided.

6.2.3 The site does fall within the Town and Country Planning (Change of Use) (Development) (No.2) Order (2019) identifies areas within various towns, including Ramsey within which various changes of use from shops (1.1), financial and professional services (1.2) and food and drink (1.3) are allowed. At floors other than ground or basement, change to flats or office (Class 2.1) is allowed (subject to conditions). It is considered given the scale of the works that a condition should be attached which removed Permitted Development Rights from this building.

6.3 Visual impact on the street scene and the adjacent Registered Building 6.3.1 The application site is not within a Conservation Area. Under previous applications it was considered the former garage/workshop building on the site did not add to the character of the street scene, but in fact detracts from the appearance. Again while the site has currently, no built development on the site, the perimeter fencing and the fact the site appears as a gap site, again detracts to the character of the street scene and the adjacent Registered Building.

6.3.2 The proposed building is generally larger in height and scale compared to the original buildings on the site (one to four storeys in height) when views from the West Quay (front elevation). However, in terms of footprint the proposal is significantly less to what was previously on the site.

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6.3.3 While the proposal from the front elevation is in the main larger in scale and massing compared to the original garage/workshop/Farmer Combine building, is considered to be in- keeping given the replication of the large gable facing projecting elements proposed, pitched roof aspects, inspired by Thurwood Place (Registered Building Nr 139) and the former Farmers Combine building (now demolished). The finish of the proposal would be a mixture of Manx Stone, brick cladding and render with an artificial slate roof. The rear elevation would be a more contemporary design with larger expanse of glazing, albeit the front of the building would be similar to the front elevation. However, is still considered appropriate in this location.

6.3.4 Consideration is also required to ensure the proposal would not have an adverse visual impact upon the adjacent Registered Building 'Thurwood Place'. It is considered given the proportions, massing, scale and finish; the proposal would not detract from the Registered Building but enhance the property, especially given the appearance of the previous building on the site and the sites current state.

6.3.5 Overall it is considered the proposal would be beneficial to the appearance of the street scene and not detract from the setting of the adjacent Registered Building.

6.4 Impact upon the residential amenities of the surrounding properties 6.4.1 The properties most affected by the proposed development would be the adjacent building Thurwood Place, which is located east of the application site on the opposite side of Christian Street. The property is a four storey building which has previously had permission for the conversion of the existing warehouse to 4 self-contained flats & provision of ground floor office space.

6.4.2 The potential impacts relate to loss of light, overlooking resulting in a loss of privacy and/or a significant overbearing impact upon the outlook of the occupiers of Thurwood Place.

6.4.3 Starting with the potential impacts the development would have upon the ground floor retail / office unit and car parking area. As the unit and car parking is a non-residential use, the impact upon the ground floor of the properties would be considered acceptable.

6.4.4 The 1st, 2nd and 3rd floors of Thurwood Place each accommodate an apartment. There is an additional fourth apartment at 1st floor level, however, this is located on the eastern side of the main block of Thurwood Place and therefore would not be affected by the potential impacts.

6.4.5 Starting with the 1st floor apartment of Thurwood Place, there are a total of seven windows (west elevation) which look towards the application site. Of these windows, three serve bedrooms, two serve a hallway and two serve the dining and lounge area. The dining and lounge area also benefits from a total of three additional windows, one of which is a front bay window. All three windows look towards the harbour and quayside.

6.4.6 The 2nd floor and 3rd floor apartments also each have a total of seven windows within the western elevation of Thurwood Place. Of these two serve a bedroom, three serve a hallway and two serve the dining and lounge area for each apartment. Again, the dining and lounge areas benefit from the three windows looking towards the harbour and quayside. It is considered the primary habitable rooms would be the dining and lounge areas. As stated the three rooms are served by the larger primary windows to the front of the building (Quayside). The remaining windows either serve hallways or bedrooms. Neither of these room types would be categorised as primary habitable rooms, rather habitable and non-habitable rooms (Residential Design Guide). It is therefore considered that the proposal would not result in a significant loss of light to the primary habitable rooms to warrant a refusal on these grounds.

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6.4.7 Again due to the room types, and as the primary habitable rooms have views over the harbour and quayside, it is not considered the proposal would have an overbearing impact upon the outlook of the occupiers of the apartments within Thurwood Place.

6.4.8 Regarding the potential for future occupiers of the development overlooking into the apartment of Thurwood Place. There are no concerns with the ground floor windows. However, the first and second floor windows within the eastern elevation of the new building will result in an increase in level of overlooking. This is given there are proposed a total of seven windows at each floor which look towards Thurwood Place, approximately 7.5m to 10.6m away. The general rule is a 20m gap should be retained between directly facing windows. However, it is noted that five of the seven windows serve a hallway and toilets (the latter being small in size) with the remaining two windows serving an office space, which is also serve by much larger windows to the rear elevation which would be the main source of outlook and light for the occupants of the office. Accordingly, the windows within the first and second floors would increase the potential for overlooking; however, given the rooms they serve and other windows within the new building and the use as an office (residential to residential overlooking generally raises a greater concern); it is considered the level of overlooking is not so significant to warrant a refusal.

6.4.9 It should also be considered that the previous use of the site was a workshop associated with car repairs and a large car showroom. The proposed use of retail and office would arguably be more appropriate next to residential development compared to the previous use.

6.5 Adequate parking provision / road standards 6.5.1 The application proposes a total of 48 car parking spaces (including 3 disabled spaces & 4 electric charging spaces), 4 motorbike spaces and cycle racks for 12 cycles.

6.5.2 The IOMSP Appendix 7 requires that 1 space for every 50 square metres of nett floor space is required and for Town Centre Shops the requirements is there is "space for service vehicle use".

6.5.3 The proposed building would have 1,521sq.m of nett office space which equates to a total of 30 car parking spaces be required. The site includes turning provision for service vehicles and therefore from these respects the proposal would comply with the require parking requirements. The applicants have indicated that there is an over provision (18 spaces) as the retail unit is potential going to be used as a food retail and therefore it is likely a proportion of customers will use their cars to transport shopping.

6.5.4 The application also includes a Transport Assessment and Interim Travel Plan, which outlines that the site is within walking distance of the entirety of Ramsey (2km) and is within close proximity of bus routes, including the main Ramsey bus station (200m) which provides links throughout the IOM. The plan also outlines that 5.0 kilometre cycling catchment area from the centre of the site which demonstrates the potential rural catchment (Maughold, Glen Auldyn, Dogmills, Regaby Crossroads & near Sulby) of the site accessible by cycling. Overall, it is considered the applicants have demonstrated that the site is accessible by more sustainable means of travel and provision of cycle racks onsite and inclusion of shower rooms gives the occupants the ability to make such choices if they wish. This would comply with Strategic Policy 10 and the overall aims of the IOMSP.

6.5.5 An important consideration is that Highway Services have raise no objections and have assessed the potential impact of the proposal upon the area, both from a parking prospective and highway safety viewpoints.

6.5.6 It is therefore considered the proposed parking standards and highway safety aspects are acceptable, subject to conditions.

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6.5.7 The internal layout shows changing facilities to the first floor (for the office use) but with none on the ground floor and no apparent access for those employed to use the first floor (as they would be two separate planning units). It is not noted that DOI highways requested a condition to ensure ground floor provision, however on balance this is not considered necessary as, given the wider policy context and assessment of the proposal, and that there is clearly space to provide this should future occupiers require it, it is not considered that without such a condition the proposal would be unacceptable.

6.6 Ecology matters 6.6.1 The application includes a Preliminary Ecological Report prepared by the Manx Wildlife Trust. This concludes that: "The site is generally of low ecological value in its current condition. The main ecological features of interest are: o Probable nesting site for Herring Gulls o Nectar sources for invertebrates 4.2 The site is likely to be used by nesting Herring Gulls, which were observed in pairs during the survey. Although Herring Gulls usually nest between May and August, it would be best to avoid disturbance to the site between April and August inclusive."

6.6.2 The report outlines recommendations (section 5) in relation to birds, bats and invertebrates on the site in terms of works taking place outside bird nesting seasons and introduction of bird and bat boxes and planting nectar rich species (landscaping). Any approval should condition that the recommendation are fully implemented, as per the comments from the Ecology Team.

6.7 Flood Risk 6.7.1 The site is within a High Risk from Tidal Flooding. Accordingly, a full Flood Risk Assessment has been prepared by the applicants. The applicant's state: "Manx Utilities has confirmed that if the site has a flood defence to an agreed 5.94m AD02 which includes a freeboard of 300mm on top of the above noted 1 in 200 level, finished floor levels do not need to match this 5.94m level. It is intended, therefore, that bespoke flood defences shall be installed to defend the development from the 1 in 200 coastal flood level with details of the defence design to be finalised in due course. Finished floor levels will be set at 4.90mAD02."

6.7.2 The assessment includes types of flood defences proposed to be installed, but they include a demountable type of flood defence or integrated construction measures are proposed for the development. Demountable will use vertical posts with panels placed between the posts to form a temporary walled defence. Door openings will have similar "Property Level Protection" panels. Otherwise flood defences will be constructed as part of the building using glazed flood defences and/or waterproofed standard construction techniques. The assessment also highlights that;

"The type of storm surge that would cause flooding to the development is exceptional and would generally be forecast several days and at least 48 hours in advance of any such event, allowing plenty time for deployment as part of the Flood Warning and Evacuation Plan."

6.7.3 A Flood Warning and Evacuation Plan (FWEP) is also included within the Flood Risk Assessment.

6.7.4 The Flood Management Division have raised no objection subject to conditions for requirement for the flood defences to be integrated into the building and that it must also be proved that the defensive are structurally sound and cable of holding back the flood water and the building to constructed as a flood resilient building and for the surface water modelling to undertaken at detailed design as described in the flood risk assessment included with the applications submission. These can be conditioned. Accordingly, the proposal is considered to comply with Environment Policy 10 & 13.

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6.8 Other Matters 6.8.1 The application includes an energy report for the proposed development as required by Energy Policy 5. This includes undertaking a modelling of the buildings heat and power loads and site's resources and assessed to establish which technologies might be suitable for integration into the building. It indicates that:

• the Use of Air Source Heat Pumps is strongly recommended and will be considered (but they are not shown on the elevations and would not be Permitted Development for this building, so it is not clear how they would be installed without altering the external appearance of the building, which would be unlawful);
• the use of LED lighting will be considered (there is no commitment to this, and no details provided);
• energy metering and airtightness will be provided to meet Building Control standards;
• natural ventilation/daylight will be maximised.

6.8.2 It is therefore questionable as to whether the proposal would comply with Energy Policy 5 as it is not clear how 'consideration' could lawfully translate to implementation, as some of the statements would require further planning applications. This weighs against the application but is not considered in itself to be fatal to the application, given the nature of the use/location/site history.

6.8.3 The application supporting and design statement do not specifically make reference to water conservation, designing out crime, fire prevention or disabled access, however no concerns have been identified in relation to these areas (other than disabled parking which has been addressed previously) and so this is not considered in isolation to be a reason for refusal.

7.0 CONCLUSION 7.1 The proposal is for a suitable use on a prominent, vacant and previously developed site within a town centre. It is considered that the proposal would comply with the majority of the relevant planning policies of The Isle of Man Strategic Plan 2016 & The Ramsey Local Plan 1998 and no other material considerations have been identified which would justify refusal. The proposal is recommended for approval subject to conditions.

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

8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status

8.3 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.

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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.

Decision Made : Permitted

Committee Meeting Date: 04.10.2021

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 04.10.2021

Application No. : 21/00585/B Applicant : Shearwater Properties Limited Proposal : Erection of a building to provide retail and office space, with associated access, parking, landscaping and drainage Site Address : Former Barry Curran And Farmers Combine Site West Quay Ramsey IM8 1DL

Principal Planner : Mr Chris Balmer

Presenting Officer As above

Addendum to the Officer’s Report

The Planning Committee approved the application subject to the below condition being attached;

C 13. Notwithstanding the provisions of the TOWN AND COUNTRY PLANNING (PERMITTED DEVELOPMENT AND CHANGE OF USE) (AMENDMENT) ORDER 2020 no additional/amended use or other alteration of the building hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.

Reason: To control development in the interests of the area.