Appeal Letter and Notice

Brillig Investment Limited Tracey Bell Clinic Kensington Road Douglas Isle Of Man IM1 3PE

Telephone (01624) 685958 Email: [email protected] Contact: Scott Gallacher Our Ref: MEC /AP24/0007 Date: 7th October 2024

Dear Sir/Madam,

On Appeal

PA No: 23/00832/B Address: 3 West Quay Ramsey Isle Of Man IM8 1DW Proposal: Conversion of ground and first floor units to create 2 additional apartments including alterations to external elevations including new windows, doors, render and stone cladding

I refer to the appeal in respect of the above planning application.

In accordance with the provisions of The Town and Country Planning (Development Procedure) Order 2019, I herewith give notice of the appeal decision.

The Minister for Environment, Food and Agriculture, the Hon C Barber MHK, has considered the report, concurs with the appointed person's conclusions, and accepts the recommendation that the appeal should be part allowed. Accordingly, she has directed that the Department's decision to refuse the application should be part reversed and part upheld, and that the appeal decision should be split subject to the attached conditions. Formal Notice of the decision is attached.

cc. Carl Jenkins Design, 10 Ballaterson Road, Peel, Isle Of Man, IM5 1BJ

The Town And Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2019

Brillig Investment Limited Tracey Bell Clinic Kensington Road Douglas Isle Of Man IM1 3PE

In pursuance of her powers under the above Act and Order/Regulations, the Minister for the Department of the Environment, Food and Agriculture, the Hon C Barber MHK does hereby in the name of and on behalf of the Department SPLIT the decision for planning application 23/00832/B by Brillig Investment Limited for Conversion of ground and first floor units to create 2 additional apartments including alterations to external elevations including new windows, doors, render and stone cladding - 3 West Quay Ramsey Isle Of Man IM8 1DW for the following reasons/conditions:-

Refusal for the ground floor conversion

REASON(S) FOR REFUSAL:

1. The site is located on the quayside adjoining Ramsey Harbour and lies within in a High-Risk Flood Zone in respect of tidal flooding. The proposed development is unacceptable because it would involve the provision of sleeping accommodation at ground floor level, where access to one of the two bedrooms serving the proposed ground floor apartment is set at street level; and, for the second bedroom, below street level, where it would be accessed via a set of three steps into the courtyard and access door with a level access serving this apartment and the first and second floor apartments above. In addition, the flood prevention measures, or flood mitigation measures proposed as part of the development, to avoid the potential for flood risk and consequent harm to the personal safety of occupants of the ground floor apartment, are not considered to be adequate in the circumstances of the proposal, nor is there sufficient and firm information to demonstrate the practical securing of the required measures. This is contrary to the provisions of General Policy 2 (I), and Environment Policy 10 in the Isle of Man Strategic Plan 2016.

1. The proposed development is unacceptable because it would result in the loss of the existing ground floor premises, previously used as a dental surgery, to a type of use appropriate at ground floor level, such as a shop, normally associated with the sites location within Ramsey Town Centre. This is contrary to the provisions of Business Policy 10 in the Isle of Man Strategic Plan 2016; and Policy Town Centre Proposal 1a: East Quay Character Area, Ramsey, Part 2 which indicates that: "2. Shops, financial and professional services or food and drink uses are acceptable within quayside buildings. Residential use to upper floors of warehouse buildings is an acceptable alternative to shop storage;" in the Ramsey Local Plan 1998 (Planning Circular 2/99).

Approval for the first floor conversion

Conditions Of Approval:

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.

1. This permission solely relates to the change of use of the first floor to a one-bedroom apartment, all external alterations as shown on drawing no 2023/26 03 Rev B, and the internal works to the first, second and third floors as detailed on drawing no 2023/26 04 Rev A, along with the reconfiguring of the staircase and changes to the stairwell/hall at the entrance from Old Post Office Lane. No permission is either granted or implied for the change of use of the ground floor to residential accommodation.

Reason: For the avoidance of doubt and as establishing residential accommodation at ground floor level would place the building at unreasonable risk of flooding with the potential to cause harm to the safety of future occupiers. This would unacceptably compromise the terms of IMSP Policy GP2.

1. The cycle stores housing 3 cycles as shown on approved drawing no 2023/26 04 Rev A, shall be provided on site prior to the first occupation of the development, hereby approved, and shall thereafter be retained for the lifetime of the development.

Reason: To ensure that adequate cycle provision is made on site to serve the development in the absence of any other on-site vehicle parking provision.

Reason for APPROVAL

The permission would only relate to the non-controversial change of use of the first floor to residential and the associated external and internal alterations which would be in accordance with IMSP Policies GP2, SP1 along with RLP policy R/TC/P3

PLANS: This decision relates to the following plans and drawings:

• Drawing No 2023/26 04 Rev A
• Drawing No 2023/26 03 Rev B
• Drawing No 2023/26 01 Rev A

Date of issue 7th October 2024 By Order of the Minister

Scott Gallaher Chief Officer

Note 1: A copy of the report of the appointed person is appended hereto.

Note 2: All parties should note that there is no prescribed right of appeal relevant to the Minister’s decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Note 3: The letter which accompanies this notice forms part of the notice in accordance with Article 13 (3) of the Town & Country Planning (Development Procedure) Order 2019.