12 September 2022 · Delegated - Principal Planner (Abigail Morgan)
Former Bakery, Christian Street, Ramsey, Isle Of Man, IM8 1dg
The proposal involves converting a pre-1900s four-storey former bakery, currently used as an office/residential site, into a single residential dwelling with an integral ground-floor garage/store, alterations to ground-floor windows and doors, internal changes across upper floors, and a new balcony at roof level.
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The officer assessed the principle of development as acceptable in the 'Mixed Use, Town Centre' zoning where residential uses on upper floors of commercial buildings are encouraged to aid maintenance …
General Policy 2
General Policy 2 of the Isle of Man Strategic Plan 2016 requires development to accord with policy unless material considerations indicate otherwise. The officer concluded the proposal complies fully, balancing principle, design, amenity, highways, and flood risk against town centre policies supporting residential reuse.
R/TC/P3
Encourages use of upper floors as retail, offices, and apartments, particularly where premises are vacant. The site zoning as 'Mixed Use, Town Centre' presumes in favour of residential on upper floors to support building maintenance; officer found conversion aligns without automatic approval but passing other tests.
Time limit
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.
Garage use restriction
The garage to the ground floor level must only be used as a garage/store and not as additional living accommodation. For the avoidance of doubt, no approval is granted nor should be inferred to the use of the garage as permanent occupation. Reason: in the interests of Flood Risk Safety.
Matching windows
All replacement windows hereby approved shall match the existing in style, design, colour and opening method and shall be retained as such thereafter. Reason: For the avoidance of doubt and to satisfactorily protect the character and appearance of the area.
Do not Oppose. The proposal raises no significant road safety or highway network efficiency issues.
No objection.
Do not oppose subject to a condition that the ground floor cannot be changed to residential accommodation.
Highway Services and Flood Risk Management (FRM) both raised no objection subject to conditions regarding parking relaxation, access arrangements, highway agreement, and restrictions on ground floor residential use due to flood risk; Ramsey Town Commissioners had no objection.
Key concern: ground floor residential use prohibited due to flood risk
HIGHWAYS DEVELOPMENT CONTROL
Conditional No ObjectionHighway Services will accept a relaxation of the parking requirements in this instance; Despite the sub-standard visibility, Highway Services accept the access arrangement; a Section 109(A) Highway Agreement will be required; Accordingly, Highway Services Development Control raises no objection to the proposal subject to all access arrangements to accord to drawing No. SM22/574/1
Conditions requested: all access arrangements to accord to drawing No. SM22/574/1; Section 109(A) Highway Agreement required for alteration to the highway
Department of Infrastructure Flood Risk Management Division
Conditional No ObjectionWhilst Flood Risk Management has no objections to this application we would like to point out that the development is within an area that is subject to regular tidal flooding; Considerations to the construction and use of the passenger lift should be reviewed and mitigations put in place
Conditions requested: Suggest a planning condition that the ground floor can not be changed to residential accommodation as it would be a flood risk
Department of Infrastructure Flood Risk Management Division
Conditional No ObjectionWhilst Flood Risk Management has no objections to this application we would like to point out that the development is within an area that is subject to regular tidal flooding; FRM reiterate our suggested condition on the Appeal of this Planning Application
Conditions requested: planning condition that the ground floor can not be changed to residential accommodation as it would be a flood risk; mitigations put in place for construction and use of the passenger lift
Ramsey Town Commissioners
No ObjectionRamsey Town Commissioners have no objection to this proposal.
Planning approval 22/00583/B was granted on 12 September 2022 for conversion of a former bakery into a single dwelling with integral garage, subject to Condition 2 imposed for flood risk safety at the request of DOI Flood Management Division, preventing ground floor residential use. The appellant sought removal of the condition, arguing it was onerous, would blight the property, and flood risks could be mitigated by raising floors, flood barriers, or future town defences. The planning authority defended the condition citing high tidal flood risk zone status and IMSP Policy GP2, noting vulnerability of residential use and partial parking compliance reliant on the garage. The inspector assessed flood risk as real and tangible, rejected mitigation arguments as unproven without technical assessment, found the condition reasonable to allow future evidenced applications, and gave limited weight to parking loss in town centre context. The Minister accepted the inspector's recommendation on 22 March 2023, dismissing the appeal and upholding Condition 2.
Precedent Value
Appeals against flood risk conditions require detailed, technically validated mitigation evidence assessed by DOI FMD; inspectors prioritise protecting new developments from stabilising flood risk exposure, even in mixed zones with historical properties.
Inspector: Frances Mahoney MRTPI IHBC
