11 August 2021 · Head of Development Management (Stephen Butler)
Market Hill Plot, College Street, Ramsey, Isle Of Man, IM8 1la
The application sought permission to erect a new three-storey flat-roofed building of 105 sq m on a small concreted vacant plot behind Market Hill in Ramsey town centre, comprising ground floor retail with a shop window and bin storage, and first/second floors as a single two-bedroom apartment accessed via stairs.
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The officer found the building's size, design, scale, siting and ground floor retail use acceptable with no adverse impacts on public or private amenities, neighbour amenity, visual impact on the stre…
General Policy 2
Requires development to provide satisfactory amenity standards in itself (h), respect surroundings (b), not adversely affect amenity (g), and comply with other tests. Officer found proposal satisfied most tests including amenity of neighbours and visual impact, but failed (h) for residential use due to poor outlook over unattractive commercial features and close blank walls, falling 'far short' of standards.
Strategic Policy 1
Encourages optimising use of underused land in town centres. Site as concreted vacant rear yard considered underused, supporting principle of development.
Strategic Policy 7
Protects land zoned for retail/office but allows where compatible. Mixed-use town centre zoning supports retail/residential.
All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centr
Requires new retail/office in town centres on zoned land. Site in Ramsey Town Centre mixed-use zone supports retail.
Environment Policy 35
Permits development in Conservation Areas only if preserving/enhancing character. Simple three-storey flat-roofed design with cornicing, duo-pane windows matching adjacent terraces enhances unattractive rear scene.
Environment Policy 42
Opposes inappropriate backland development removing open/green spaces. Site lacks amenity value as hard-surfaced yard; development not inappropriate.
Environment Policy 43
Supports regeneration of run-down urban areas. Site in unattractive rear area backing car park qualifies.
Housing Policy 4
Locates new housing in towns/villages. Town centre site acceptable despite residential amenity concerns addressed separately.
new retail provision at a scale appropriate. Major retail development proposals to be supported by Retail Impact Assessment
Supports retail in existing areas at appropriate scale without harming core. Small unit 10m from Market Hill frontage acceptable.
Business Policy 10
Retail in town centres. Site linked via alleyways supports.
Transport Policy 7
Requires parking per standards, relaxable in town centres near public transport/parking. No on-site spaces but near bus station/car parks mitigates.
no significant negative impact upon highway safety, network efficiency and /or parking. There is not adequate space to provide bicycle parking and occupants who own or use a car will require to use off-street car parking for a fee. The Applicant is advised that a licence may be necessary for the positioning of equipment and materials in the highway.
no objection
DOI Highways Division and Ramsey Town Commissioners both raised no objections to the application. No conditions were requested by either consultee.
Department of Infrastructure (DOI) Highways Division
No ObjectionAfter reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking.; The Applicant is advised that a licence may be necessary for the positioning of equipment and materials in the highway.; DNO on 19.07.2021
Ramsey Town Commissioners
No ObjectionRamsey Town Commissioners have no objection to this proposal
Department of Infrastructure (DOI) Highways Division
No ObjectionOn behalf of Highway Services I advise that there will not be a statement from Highways for this appeal. There are no outstanding highway issues.
The original application for erection of a building providing ground floor retail and first/second floor residential use was refused by the Head of Development Management solely due to unacceptable residential amenity standards contrary to General Policy 2(h). The appellant argued the outlook was acceptable given south-facing windows with views to hills, similar to neighbouring residential properties, lack of office demand post-pandemic, and town centre benefits. The Council's appeal statement defended the refusal emphasizing poor outlook over car park, bins and commercial servicing. The Inspector found residential amenity acceptable due to south-facing light, distant hill views, and occupier choice; parking relaxed due to town centre location; visual impact compliant; and viability supported by unchallenged marketing evidence. The appeal was allowed subject to conditions matching the prior office approval.
Precedent Value
This appeal demonstrates that town centre residential over retail can succeed on narrow backland plots if south-facing light and distant views are emphasized, even with imperfect outlooks, provided occupier choice is noted and viability of alternatives is credibly challenged. Future applicants should document marketing efforts and use fallback approvals strategically.
Inspector: Brian J Sims BSc (Hons) CEng MICE MRTPI
