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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 21/01561/B Applicant : Bourne Place Limited Proposal : Installation of disabled ramp access and new shop front Site Address : 1 Dale Street And 2 Market Place Ramsey Isle Of Man IM8 1BJ

Principal Planner: Mr Chris Balmer Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 15.03.2022 __

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.

This application has been recommended for approval for the following reason. It is considered the proposed works would preserve the character and appearance of the existing property and have no adverse impacts upon public or private amenities and therefore also the Conservation Area and therefore the proposal would comply with General Policy 2, Environment Policy 35 of the Isle of Man Strategic Plan and Section 18(4) of the Town and Country Planning Act (1999).

Plans/Drawings/Information;

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

14.02.2022 SM21/563/1 REV A

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Interested Person Status - Additional Persons

It is recommended that the following persons should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

Marina House, 3 Dale Street, Ramsey as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status. __

Officer’s Report

1.0 THE SITE 1.1 The application site is the curtilage of 1 Dale Street, Ramsey which is a three storey terrace property which occupies a corner plot and adjoins properties on both Dale Street and the terrace which faces onto the car park. The ground floor of the property is currently a fish and chip shop.

2.0 THE PROPOSAL 2.1 The application seeks approval for the installation of disabled ramp access and new shop front. The works include the replacing of existing two windows to form a new entrance (timber single door and enlarged timber window) to the west elevation. The disabled access would utilise the existing entrance.

2.2 The application initially also sought approval for the installation of an awning. However, this aspect has now been removed.

3.0 PLANNING HISTORY 3.1 The following previous applications are considered to be relevant in the assessment of the current scheme: PA 13/91155/B Conversion of existing first floor office to additional living accommodation for upper floor apartment - approved PA 13/91504/C Change of use of ground floor office to retail and conversion of upper floor offices into an apartment - approved PA 14/00180/B Conversion from office to a fish and chip shop - approved PA 15/00062/D Erection of signage (retrospective) - approved

4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area zoned as "Town Centre Mixed Use" identified on the Ramsey Local Plan 1998, the site is also within the Ramsey Conservation Area. Given the nature of the application it is appropriate to consider:

4.2 General Policy 2 states: "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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality;

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(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."

4.3 Environment Policy 35 states: "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."

4.4 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man.

4.5 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".

5.0 CONSULTATIONS 5.1 Highway Services indicate that they do not oppose the application (13.12.2021 & 14.02.2022)

5.2 Ramsey Town Commissioners indicate that they do not oppose the application (20.01.2022). Following amended plans (removal of awing) The Commissioner sought (18.02.2022) a deferral till their meeting on the 16th March.

5.3 The owner/occupier of Marina House, 3 Dale Street, Ramsey objects to the application which can be summarised as (11.01.2022); The proposed disabled access ramp on the Dale street elevation is built upon the public footpath, and is therefore not within the building curtilage; Many businesses on Parliament street have altered access to enable disabled persons access however all of these businesses have done so within the curtilage of their buildings without extending into the public footpaths; Diagram 1 ( Window 10 ) seems to indicate an alteration to the window size which has not been shown on the proposed elevation for Dale street; and The proposed awning on the Dale street elevation is completely out of character for the conservation area. Furthermore during the Covid lockdown the applicant used the windows on the Dale street elevation to serve customers, this led to numerous confrontations with customers waiting in our doorway and outside our house, we made no complaints at the time as we felt we had to be understanding during that highly unusual time. We have grave concerns that perhaps our tolerance during those unusual times has been taken for granted as we see no practical use for the awning other than to shelter waiting customers.

6.0 ASSESSMENT

6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the Conservation Area and the individual property and potential impact upon neighbouring amenities.

IMPACT OF THE PROPOSED DEVELOPMENT

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6.2 The Planning Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. Further, Section 18(4) of the Town and Country Planning Act (1999) also requires that the desirability of preserving or enhancing its character or appearance in the exercise.

6.3 The alterations to the southern and western elevations are the most important in this case, being the elevations which is most publically viewable and elevations which is most important in terms of the character and appearance of the Conservation Area. The works to create a new doorway and a slight enlargement to the existing windows openings raises no concerns. The timber frame construction and with very similar proportions/size/design of the existing fixed windows would ensure the works would preserve the building and Conservation Area. The new ramp to the south elevation again is modest, replacing the existing steps. This aspect also raises no concern and preserves the Conservation Area.

6.4 Overall, it is considered the proposed works would preserve/enhance the character and appearance of the existing property and therefore also the Conservation Area and therefore the proposal would comply with Environment Policy 35 of the Isle of Man Strategic Plan and Section 18(4) of the Town and Country Planning Act (1999).

POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.5 In terms of the potential impacts upon neighbouring properties, Nr 3 Dale Street to the immediate east of the site would be the property mostly likely to be affected, namely through the proposed awing by general disturbances of persons stood underneath the awing immediate next to the front door of Nr 3. There were concerns of the impacts caused to the residential amenities of Nr 3 by people beneath the awing in such close proximity to the front door of Nr 3. Accordingly, following discussions with the applicants this has been removed.

7.0 CONCLUSION 7.1 It is considered the proposed works would preserve the character and appearance of the existing property and have no adverse impacts upon public or private amenities and therefore also the Conservation Area and therefore the proposal would comply with General Policy 2, Environment Policy 35 of the Isle of Man Strategic Plan and Section 18(4) of the Town and Country Planning Act (1999) and the Residential Design Guide 2021.

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 : Permitted Date : 18.03.2022

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

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