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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00646/B Applicant : Mr Artan Giummri Proposal : Erection of a building to provide ground floor retail use and first and second floor residential use Site Address : Market Hill Plot College Street Ramsey Isle Of Man
Principal Planner: Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Refused Date of Recommendation: 03.08.2021 __
Reasons for Refusal
R : Reasons for Refusal O : Notes attached to reasons
R 1. The building in terms of size, design, scale and siting and the use of the ground floor as a retail unit are once again considered acceptable and do not have adverse impacts upon public or private amenities. However, the use of the upper floors as a residential apartment are considered contrary to General Policy 2 (h), in that the level of accommodation would not provide satisfactory amenity standards in itself; and in fact would fall far short of this requirement.
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Interested Person Status - Additional Persons
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Officer’s Report
1.0 THE SITE 1.1 The application site is a small vacant plot of land to the rear of the properties along Market Hill in Ramsey, a concreted area to the rear of 1& 2 Bourne Place and 1 College Street, and to the south western side of 3 Market Hill.
1.2 This area of Ramsey forms part of the town centre core retail and office area, with the modern St Paul's Apartments and retail centre to the immediate south east of the site and Parliament Street to the north east. There is a contract car park area to the south through which runs an access lane providing access to the site. The primary frontages of the buildings on Market Hill and nearby streets vary, with the closest being 3 storey flat roofed terraces, some with simple design and some with more ornate finishes.
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1.3 In terms of appearance, the site plot appears as a hard surfaced rear yard area, in an unattractive rear street scene faced by the rear elevations of the surrounding properties. There is an alleyway which runs from Market Hill between 1 Bourne Place and 3 Market Hill, to the application site.
2.0 PROPOSAL 2.1 The application seeks approval for the erection of a new three storey building on the plot with a total of 105 sq m of floor space. The two upper floors are proposed as a single two bed apartment, whilst the ground floor would be retail use. The plans submitted show only a red line around the site rather than the footprint of the building but what is proposed will abut blank walls of the buildings alongside.
2.2 The design approach is simple, with a uniform three storey flat roofed design and moderately ornate roof cornicing feature. There would be two duo pane windows on each floor at each outer elevation, with two pedestrian access doors to the northeast elevation providing access the ground floor retail unit and the offices above via stairs. In addition to a large shop window on the ground floor southeast elevation, there would be a single door providing access to a built in bin storage area. The building would run flush and the side elevation with 1, Bourne Place behind which it would sit.
2.3 For information the building proposed is identical to one which was approved last year under application 19/01069/B. The only difference being the upper floors of that building were proposed to be used as office accomdaiton.
3.0
PLANNING POLICY 3.1 In terms of local plan policy, the application site lies within the area designated as "Mixed Use -Ramsey Town Centre" under the Ramsey Local Plan 1998. It also lies just within the boundary of Ramsey Conservation Area.
3.2 The following policies of the Isle of Man Strategic Plan 2016 are considered relevant to the assessment of this application.
3.2.1 In relation to the principle of development, Strategic Policy 1 states:
"Development should make the best use of resources by:
(a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and re-using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."
3.2.2 Further, Strategic Policy 7 states:
"Undeveloped land which is zoned in Local or Area Plans for industrial, office, or retail purposes will be retained and protected for such uses, except where those uses would be inappropriate or incompatible with adjoining uses."
3.2.3 Strategic Policy 9 is directly relevant to the proposed uses:
"All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park(1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8."
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3.2.4 Strategic Policy 10:
"New development should be located and designed such as to promote a more integrated transport network with the aim to:
(a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement."
3.2.5 One of the key policies in assessing any development proposal in an area zoned for development is General Policy 2:
"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:
(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; (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; (l) 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."
3.2.6 Environment Policy 35 is considered to be of importance considering that the site lies within a Conservation Area:
"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
3.2.7 Environment Policy 42:
"New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
3.2.8 Environment Policy 43:
"The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies
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identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition."
3.2.9 Housing Policy 4 states: "Housing Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."
3.2.10 Business Policy 9 relates to retail use:
"The Department will support 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. Major retail development proposals will require to be supported by a Retail Impact Assessment(1)."
3.2.11 Business Policy 10:
"Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5."
3.2.12 In relation to connectivity and access, Transport Policy 1 is important:
"New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes."
3.2.13 Transport Policy 7:
"The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
The current standards are set out in Appendix 7 of the Strategic Plan. For office space within town centres, this is one parking space per 50m2 floor space. For retail use in town centres, there is a requirement for 'space for service vehicle use'.
The standards may be relaxed where development:
"(a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or (b) would result in the preservation of a sensitive streetscape; or (c) is otherwise of benefit to the character of a Conservation Area. (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality." (Paragraph A.7.6).
3.3 The Ramsey Local Plan contains secondary planning policies which are considered relevant to this application.
3.3.1 Policy R/COM/P3 New Shops: "Outside the retail core of the town centre, new shops shall be permitted in new residential areas at a scale designed to serve local needs only."
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3.3.2 Policy R/TC/P1 Retail Uses: "There will be a general presumption in favour 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."
4.0 PLANNING HISTORY 4.1 The following planning application is considered materially relevant to this specific application: 4.2 Erection of a building to provide ground floor retail (Class 1) and first and second floor offices (Class 4) - 19/01069/B - APPROVED
5.0 REPRESENTATIONS 5.1 DoI Highway Services comment (19.07.2021): "After reviewing this Application, Highway Services find it to have 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."
5.2 Ramsey Commissioners have no objection (14.07.2021).
6.0 ASSESSMENT 6.1 The key considerations in the assessment of this planning application are:
I. The Principle of development on this plot; II. The uses proposed; III. The visual impact on the street scene and Conservation Area; IV. The potential impact on neighbour amenity; V. The amenity of future occupants; and VI. The acceptability of parking and access arrangements.
6.2 The principle of development on this plot
6.2.1 In assessing the principle for development, the land use zoning is of particular importance. As the application site lies within Ramsey Town Centre - there is a presumption in favour of retail at ground floor and residential at upper floors as proposed. The site is not on any primary street frontage, but is linked to Market Street and Bourne Place via two short alleyways between properties.
6.2.2 Whilst in a town centre, due to the plot siting behind the main retail and office units fronting on to a car park, the proposal may be considered backland development as per Environment Policy 42. However, the site in question is not of any amenity value or attractiveness in its current undeveloped state, it would not 'inappropriate' backland development or contribute to any loss of public amenity land or green space. It could be considered that this part of Ramsey, backing onto a car park and the rear of buildings, could be classed as a 'run-down' urban area as per Environment Policy 43. Sensitive and appropriate development on this site is considered to be in accordance with the above two planning policies of the Strategic Plan. Ramsey has a number of alleys or ginnels where there is pedestrian access from one street to another and there are sometimes shops or businesses fronting onto them: these add to the charm of the town as experienced by the pedestrian and in this case anyone using the alley from Market Hill past the site does not currently have a particularly
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pleasant experience, not helped by the application site's current undeveloped character and appearance.
6.2.3 Whilst the site is currently undeveloped land, it could be considered underused land and that the principle of developing it in general for purposes suitable for the town centre is appropriate and in line with Strategic Policy 1 (a)- subject to the matters outlined below.
6.3 The Uses proposed
6.3.1 Following on from this, the proposed mix of retail (ground floor) and residential (first and second floors) use on this site are considered acceptable. The policies of the Strategic Plan support both retail and residential uses in town centres as outlined in Housing Policy 4 and Business Policies 9 and 10, subject to condition requiring that any such development respects its surroundings and is suitable in terms of access and wider impact on the town centre - particularly in terms of the retail use.
6.3.2 Retail development must not unacceptably detract from the viability of the existing retail core provision in town centres. As noted, the site is readily accessible from the main shopping streets in Ramsey Town Centre and is connected to this area, therefore it is not considered that the retail core would be expanded in such a manner as to reduce the viability and vitality of the existing retail areas. Whilst local plan policy R/TC/P1 states that the general presumption is in favour of ground floor retail uses, this is specified to be in the main shopping streets which are listed as Peel Street, Bourne Place, Market Hill, Market Place (West), Parliament Street (excluding Auckland Terrace), East Street, Parliament Square (East side). It is considered that whilst not directly fronting any of these streets, the plot is in a unique position to the rear of Market Street and its shop front would be set back 10 metres from existing shop fronts on that street. The principle of the retail use on the ground floor is considered acceptable given the siting of the development.
6.4 The visual impact on the street scene and Conservation Area
6.4.1 As with any new building in a town centre area, its likely impact on the existing street scene and existing character of the area is an important aspect of the assessment. This is particularly the case when such a site lies within a Conservation Area as such concerns will carry additional weight due to additional policies and concerns governing development in these areas.
6.4.2 It has been noted that the site is not on any primary street frontage and is visible from an area which is mainly used as a car park and rear lanes servicing the rear of main retail and office premises in the town centre. As it is within Ramsey Conservation Area, and given the existing situation when looking into the Conservation Area from the south, any new development should enhance the character and appearance of the area as per Environment Policy 35.
6.4.3 Due to the existing appearance of the street scene from the south, there is little on which any new building can base its design. However, the adjacent properties on the primary street frontages feature some good examples of traditional 2 or 3 storey flat roofed terraces, many featuring cornicing and ornate window and door features. Window openings tend to be uniformly spaced and of traditional 2 or 4 pane glazing pattern. Any development should therefore follow the prevailing patterns and style of this part of the Conservation Area in accordance with both EP35 and General Policy 2.
6.4.4 The proposed three storey building would occupy a relatively small square shaped footprint of under 50m2. The height and massing would align therefore with the narrow terraced office and retail units throughout Parliament Street and Market Street and would fit with the general area and with the properties directly adjacent in particular. In terms of finish,
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the layout of the fenestration and its duo-pane design would also be in keeping with what is seen elsewhere in the Conservation Area. The change in finish of the ground floor elevations from the rest of the building adds an interesting design feature which would enhance the wider area. The specific window opening methods and exterior finish materials have not been specified in the proposal but could be provided to the Department as required in conditions to be discharged prior to commencement of any works, in the event of an approval.
6.4.5 Overall, it is considered that the proposed building would enhance the appearance of Ramsey Conservation Area and preserve its general traditional character due to the design proposed. In this respect, the development would accord with Environment Policy 35 and General Policy 2. As mentioned previously, planning approval has already been given and is still an extant approval for the same building.
6.5 The potential impact on neighbour amenity
6.5.1 Due to the close proximity of the building to existing properties, any potential adverse impact on the amenity of the occupants of those properties should be considered - particularly where those properties are partly residential. With regard to the property immediately to the northeast, the side elevation with windows and access doors on the proposed building would directly face the gable of that property. That gable has no fenestration, and the potential increase in shadowing and/or loss of privacy from the application site would be unlikely to affect the northwest property to an unacceptable degree.
6.5.2 The windows in the adjoining and adjacent properties to the northwest and west of the site appear to be either bathroom windows or storage room windows, none appear to be primary outlook windows. When the 25 degree rule outlined within the DEFA Residential Design Guide is applied, the proposed building would reduce the level of light into and, to some degree, potential outlook from these windows. However, due to the predominantly non- residential usage of these properties along with the use of the rooms themselves, it is not considered that there would be unacceptable levels of overbearing or overshadowing into or onto neighbouring buildings which would result in unacceptable levels of harm to residential amenity. In this respect, the proposal in considered to be in accordance with General Policy 2 (g).
6.6 The amenity of future occupants
6.6.1 This is arguable the main issue with the application and is the only aspect which differs from the previous approval. The applicants has been advised on a number of occasions by the Department that the use of part or all of the building for residential purposes would likely be resisted.
6.6.2 It is noted that the Officer for the previous application commented; "This is a consideration which would carry more weight if the proposal were for a residential use. Due to the restrictive nature of the site and its proximity to surrounding walls, outlook and daylight levels are unlikely to be satisfactory in order to achieve good amenity for any residential occupants of the building."
6.6.3 The outlook from the upper floor windows would be primary over the car park, access lane, extractor fan system, garages and bin storage area of the existing commercial business in the area. It is not a pleasant area to be and any form of residential development should be resisted in the strongest possible terms. The applicants argue that there are views towards the hills; however, these are distant views. Outlooks, of the above unpleasantries and then the rears of existing townhouse buildings backing onto the car park to the south also restrict the outlooks further. A final concern is the orientation of the building is such that the outlook from the proposed residential windows look directly towards the gable/rear walls and a metal external fire escape of St Paul's Apartments, which area all only a few metres away.
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Accordingly, the outlook and living conditions of any future resident/s would be far below the requires standards. This concern is significant enough to warrant a refusal, even if other matters are considered acceptable.
6.6.4 In relation to the amenity of users, the provision of adequate secure bin storage and cycle parking is a general requirement - particularly given the wider Governmental strategy to encourage more commuters to cycle to work. Whilst bin storage is shown incorporated within the main building with a separate secure door, cycle parking is not shown. It is considered possible however that cycles used by retail staff or customers or office workers could be located in the 1.3 long lobby area at the office entrance. Whilst not ideal, it is acknowledged that the plot is limited in terms of space for potential cycle parking, and close to public car parks and public areas to which cycles could be securely parked.
6.7 The acceptability of Parking and Access arrangements
6.7.1 In terms of vehicle parking, the Strategic Plan parking standards relate to both residential and retail uses separately. For town centre retail uses, no parking for staff or customers is necessary but adequate space for servicing vehicles is required (bin collection and deliveries etc.). The location of the site at the end of an access lane, and the adjacent car park would provide access to such vehicles and temporary waiting space if needed. There are no Highway Services objections in this respect.
6.7.2 With regard to residential provision, there is a requirement for teo off road parking spaces for a two bedroom unit as proposed. As no parking spaces are proposed on the site, or indeed capable of being provided due to its limitations, the proposal would not accord with Transport Policy 7. However, it is considered that the location within the town centre a 5 minute walk from Ramsey Bus Station and 1-2 minute walks to St Pauls and Market Place public car parks, mitigate for the lack of on-site parking - which is a feature not uncommon in this part of Ramsey.
7.0 CONCLUSION 7.1 In summary, the building in terms of size, design, scale and siting and the use of the ground floor as a retail unit are once again considered acceptable and do not have adverse impacts upon public or private amenities. However, the use of the upper floors as a residential apartment are considered completely contrary to General Policy 2 (h), in that the level of accommodation would not provide satisfactory amenity standards in itself; and in fact would fall far short of this requirement for the reasons indicated in this report. The application is therefore recommended for a refusal.
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:
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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 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 : Refused Date : 05.08.2021
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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