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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00639/B Applicant : Ardlui Ltd Proposal : Erection of new four storey apartment building (class 3.4) with ground floor retail space (class 1.1) Site Address : 22 & 24 Parliament Street And 6 West Quay Ramsey Isle Of Man IM8 1AP
Planning Officer: Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Approve subject to Legal Agreement Date of Recommendation: 01.11.2022 __
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.
C 2. The windows in the ground, first and second floors are to be sliding sash, with externally expressed glazing bars on the upper and lower frames and run through sash horns.
Reason: to ensure that the new windows are appropriate in appearance and form to the Conservation Area in which they will sit.
C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the ground floor (shown as "retail" on approved plans) shall only be used as a "Shop" use as defined in in Class 1.1, of Schedule 5 of the Order.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within a different Use Class will require further consideration and an application to be made.
C 4. Prior to commencement details of the flood mitigation measures including flood door details must be submitted to and approved in writing by the Department. The development
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shall not be carried out unless in accordance with the approved details and shall be retained thereafter.
Reason: flood risk mitigation
C 5. Prior to commencement details of the roller shutter doors to the bicycle and bin storage must be submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details prior to the occupation of the apartments or retail units.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 6. Prior to occupation of any retail or apartment unit the wheelie bin store and bike store as shown in drawing P-01 Rev B, must be completed and shall at all times be made available for the proposed use and retained thereafter.
Reason: In the interests of the character and appearance of the site and surrounding area and given the lack of on site parking being provided.
This application has been recommended for approval for the following reason. The proposal complies with Section 18(4) of the Town and Country Act (1999) and Environment Policy 35 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 16th June 2022; o Drawing No. EX-01 o Drawing No. EX-02 o Drawing No. P-01 Rev A __
Interested Person Status - Additional Persons
Department for Infrastructure's Flood Risk Management Team should be afforded interested person status as they are a Government Department which has raised material planning considerations. __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE PRINCIPAL PLANNER OFFICER AND A SECTION 13 LEGAL AGREEMENT IS REQUIRED
THE APPLICATION SITE 1.1 The application site is three properties No. 22 Parliament Street, No. 24 Parliament Street and No.6 West Quay. The properties are situated to the South of West Quay and the North of Parliament Street. Due to the properties location upon the streetscene, No. 24 Parliament Street has both an entrance and exit onto Parliament Street and West Quay with No. 22 Parliament Street just having an entrance and exit from Parliament Street and No.6 West Quay having an entrance and exit from West Quay.
1.2 No. 24 Parliament Street was demolished in May/June 2021 due to the property being unsafe.
THE PROPOSAL
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2.1 The current planning application seeks approval for the erection of a new four storey property. The ground floor level is to have retail and shop frontage with 8 apartments above.
2.2 The ground floor is to provide three retail spaces, two upon Parliament Street and one upon West Quay, the first and second floors have exactly the same internal layout and are to provide three apartments with the third floor providing two apartments.
PLANNING HISTORY 3.1 There are several applications on the site; PA04/01589/A - Approval in principle for the construction of first and second floors to create two residential apartments - Refused on review (22 Parliament Street only) PA05/02052/B - Sub-division of existing single retail unit to provide two new units, one with access via West Quay, and installation of a replacement roof light - Permitted (22 Parliament Street only) PA18/00284/B - Alterations and roof extension to provide one retail unit (Class 1), four offices (Class 4) and one residential apartment - Permitted (Auldyn House, 24 Parliament Street only) PA20/00224/MCH - Minor changes application for PA 18/00284/B involving alteration to and creation of windows, shop front and stairwell - Permitted (Auldyn House, 24 Parliament Street only)
3.2 The following applications are in connection with this application and currently pending; PA21/00993/CON - Registered Building consent for demolition of building (retrospective), Auldyn House, 24 Parliament Street PA21/01005/B - Demolition of 22 Parliament Street and 6 West Quay 21/01006/CON - Registered Building consent for demolition elements to PA 21/01005/B
PLANNING POLICY 4.1 The site lies within an area zoned as "Mixed Use - Town Centre" on the Ramsey Local Plan 1998, Map 2. The site is within the Ramsey Conservation Area and within a High Risk Flood Zone (Tidal) area.
4.2 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area.
4.3 In addition to the above consideration should also be given to the following Strategic Policies; Strategic Policy 1 - development should be located to make best use of previously developed land, redundant and underused buildings and utilising existing infrastructure; Strategic Policy 2 - focuses new development in existing settlements unless complies with GP3; Strategic Policy 5 - development must be well designed; Strategic Policy 9 - new retail to towns and villages Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel; Spatial Policy 2 - development outside Douglas will be concentrated on Service Centres Spatial Policy 5 - new development will be in defined settlements only or in the countryside only in accordance with GP3; General Policy 2 - detailed 'development control' considerations; General Policy 4 - Section 13 agreements Environment Policy 42 - new development should be designed to take into account the character and identity of the area. Business Policy 1 - growth of employment opportunities Business Policy 9 - support for retail in existing defined areas
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Community Policy 7 - designed to prevent criminal and antisocial behaviour; Community Policies 10 & 11 - implement best practice so as to reduce the outbreak and spread of fire; Housing Policy 4 - new housing will be located primarily within the existing towns and villages Transport Policy 1 - best located close to existing transport links Transport Policy 4 - safe and appropriate provisions for journeys; Transport Policy 7 - parking standards Infrastructure Policy 5 - methods for water conservation
REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summery;
5.2 Highway Services have considered the proposal and state they do not oppose and accept a full relaxation of the vehicular parking requirements. (1.07.22)
5.3 Ramsey Town Commissioners have considered the proposal and state they have no objection. (26.07.22)
5.4 DOI Flood Risk Management Division have considered the proposal and have no objection subject to conditions. (1.07.22 & 31.10.22)
5.5 The Assistant Registered Buildings Officer has written in to state that they do not have any objections to the proposal but would like a condition attached regarding the windows approved. (16.08.22)
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are:
6.2 SECTION 18(4) TEST 6.2.1 Due to the proposed works being in a Conservation Area it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
6.2.2 When looking at the proposal as a whole, from what was there previously. Part of the structure within this application is an improvement on the existing two and one storey flat roofed structure. As such from this point of view the proposal will enhance the overall Conservation Area.
6.2.3 With regards to the rest of the structure, this has been designed to preserve the overall Conservation Area and as such all aspects would comply with the Section 18(4) Test.
6.3 PRINCIPLE 6.3.1 The site is within an area designated as "Mixed Use" on the Ramsey Local Plan 1998 and is part of the main shopping street in Ramsey Town Centre, with the proposed scheme being for retail units to the ground floor level and accommodation above.
6.3.2 The principle of development within this part of Ramsey is acceptable and would be supported through Strategic Policy 2 and Spatial Policy 1 and Housing Policy 4. The retail part
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of the proposal would be supported through Business Policy 1 for the creation of employment opportunities through retail and generally supported through Business Policy 9 and 10 given the proposed use is in accordance with the land use designation.
6.4 DESIGN 6.4.1 When looking at the proposal the basic form of the building is reflected in the size of the overall footprint available to the site, with the height being extended above what was already existing. The proposal is to include a mansard roof which is not a characteristic of the area. Whilst this is the case, the proposal has been discussed with the Principal Registered Building Officer and they are happy with the proposed roof, in that it will not impact the overall streetscene or the Conservation Area as a whole.
6.4.2 The proposal in regards to the proposed ground floor level both to Parliament Street and West Quay shop fronts are acceptable and deemed to fit within the existing streetscene and the fenestration placement and materials to the rest of the dwelling, complement the existing high street which will ultimately enhance the local character and distinctiveness based on the existing properties within the site.
6.4.3 Finally it can be seen that there are roller shutter doors to the side elevation alongside the side lane, whilst these do take up a large part of the ground floor, these are to facilitate bike parking and bin storage and the likelihood of these looking out of place within this part of the side street is unlikely, as such they are deemed acceptable.
6.5 NEIGHBOURING AMENITIES 6.5.1 Generally within the surrounding area, there is a high level of residential above already existing ground floor level retail, as such the proposal would not be introducing a use that is not already evident within the streetscene. It is therefore not considered to have any adverse impact upon those residents already within the streetscene through any overlooking, loss of privacy or overbearing impact over and above the existing levels given in the existing structures.
6.5.2 It is further noted we have not received any objections or comments from the adjoining neighbours and the local authority do not object. On balance, these aspects would be considered to be compliant with those sections of General Policy 2(g).
6.6 LIVING CONDITIONS 6.6.1 When considering each of the apartment's amenity standards, the building incorporates a large number of windows to the front and rear elevations, which include Juliet balconies to Flat 1, 4 and 7. There is also the provision of additional windows to the side elevation which faces the side street, though it is unsure on how much additional light the property will benefit from with these.
6.6.2 Each living/dining/kitchen room has been afforded either a Juliet balcony or two/four windows depending on its location within the property, as such the apartments are afforded views out.
6.6.3 The apartments are large enough to accommodate the usual arrangement of rooms for habitation in different layouts. There would appear to be adequate space to allow for the drying of clothes and circulation space within each apartment. There is also a communal staircase and a lift to all floors and a refuse or waste collection point at the side of the property. The living environment of the proposed apartments is deemed to be acceptable and provides satisfactory amenity standards in itself in accordance with Gp2h.
6.6.4 Being within the town centre, there is no outdoor amenity space provided. However there is ease of level access to good public open space that would provide a degree of respite from
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the activity in the area, namely Ramsey promenade and the beach and other leisure areas accessed further along the prom.
6.7 HIGHWAY SERVICES 6.7.1 The site provides no parking on site, which isn't in accordance with Transport Policy 7 which requires two parking spaces per two bedroomed apartment. Whilst this is the case there are provisions within Appendix 7 of the Isle of Man Strategic Plan which allows for the relaxation of Transport Policy 7, where certain criteria's are meet.
6.7.2 These criteria's include but not limited to "(c) is otherwise of benefit to the character of a Conservation Area and (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."
6.7.3 With the proposed site being within a Conservation Area and due to its siting, the proposal could only realistically provide parking to either basement or ground floor level. The proposal of adding this in would include infrastructure which would be out of keeping with the Conservation Area and ultimately would not preserve or enhance the Conservation Area, as such it is deemed that the proposal would comply with part (c) of the relaxations.
6.7.4 Whilst this is the case it is also relevant to note that due to the site being within a town centre position, that there are several links including bus and rail which are within a short walking distance from the site. The proposal also includes the amenity space for bicycle parking which has been deemed acceptable by Highway Services. As such the proposal complies with part (d) of the relaxations.
6.8 FLOOD RISK 6.8.1 It is noted the site is within an area identified at risk of flooding, (mainly the street) and the flood risk management team do not object, presumably as the residential element is on the upper floors and not at risk. As such a flood risk assessment is not required as per Environment Policy 10.
6.8.2 However, it would be pertinent in this instance, for the safeguard of the property, to seek some form of flood prevention measures should a flood occur. After a discussion with the Flood Risk Management Division and the Agent on behalf of the application, some flood mitigation has been put into place, namely flood doors. Whilst this is acceptable in part, some of the proposed flood risk mitigation is not enough when looking at accessibility. As such a condition should be attached that prior to commencement, details of the proposed flood risk mitigation should be submitted to the Department.
6.8.3 DOI Flood Risk Management have accepted the above and state that residential accommodation must not be permitted on the ground floor. Whilst such a use would require a further application, a note should be supplied upon this application so there is no miscommunication.
6.8.4 As the level of risk is low, the proposal would be seen to comply with EP10, GP2l.
6.9 AFFORDABLE HOUSING 6.9.1 Turning to Housing Policy 5 and the requirement for affordable housing. When considering any development which has the potential to provide 8 or more dwellings will normally require that approximately 25% of new housing provision should take the form of affordable housing when planning permission on land zoned for residential development or in predominantly residential areas.
6.9.2 In this case of this application no provision for affordable housing has been provided, whilst this is the case the applicant has been in direct talks with DOI Public Estates and
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Housing Division on a commuted sum. DOI Public Estate and Housing have confirmed that in this case the calculated commuted sum for two affordable apartments would be £12,000, both the applicant and DOI Public Estates and Housing Division have confirmed that this is acceptable.
6.9.3 As such, this is deemed acceptable with a Section 13 Agreement, with the Department to ensure that this is adhered to.
CONCLUSION 7.1 The planning application would be an acceptable form of development that has been designed to ensure that it complies with the aforementioned policies.
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: 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.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date:...07.11.2022
Signed : Vanessa Porter Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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