**Document:** Inspector's Report
**Application:** AP24/0007 — 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.APPROVED - Change of use of the first floor to a one-bedroom apartment, external alterations and the internal works to the first, second and third floors. REFUSED - no permission is granted or implied for the change of use of the ground floor to residential accommodation.
**Decision:** Split Decison at Appeal
**Decision Date:** 2024-10-07
**Parish:** Lezayre
**Document Type:** appeal / appeal_submission
**Source:** https://planningportal.im/a/88363-lezayre-3-west-conversion-change-of-use/documents/1142299

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# Inspector's Report

Appeal No: AP24/0007 Application No: 23/00832/B

________________________________________________________________ Report on Planning Appeal – Written Representation Case ________________________________________________________________ Site Inspection held on: 10 June 2024 _____________________________________________________________ Appeal by: Dr T Bell – Brillig Investment Limited

Against the refusal of planning approval for the 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 at 3 West Quay, Ramsey, Isle of Man

________________________________________________________________

### Introduction

- 1. This report provides a brief description of the appeal site and its surroundings; the proposal which is subject to the appeal and relevant policy. The cases for the appeal parties are then summarised, fuller details being available for reference in the documents on the case file. My assessment, conclusions and recommendation follow.
- 2. The recommendation of the Planning Officer to the Planning Committee was one of Approval. At the committee meeting and following discussion, the application was refused1. The identified reasons for refusal centre on, firstly, that the proposed change of use on the ground floor to residential accommodation would present a risk from flooding and so would not be in the interests of flood risk safety, and secondly, it would result in the loss of a ground floor unit suitable for retail or similar town centre use.

Site and surroundings

- 3. The appeal property is an imposing four storey building in a prominent location on the Ramsey Harbour Quay side and just off the main shopping street in Ramsey. The area is characterised by a mix of commercial buildings on the Quay side close to the harbour, including cafes, pubs, offices, shops, takeaways, amusement arcade and a concentration of residential apartments at first floor and above, although there are a few ground floor frontages which appear to be residential. The West Quay runs parallel to Parliament Street where the majority of shops and services are concentrated. Both on the Quay side and along Parliament Street the mixed uses include some residential property at street

- 1 See PC Minutes dated 25.03.2024 (Part 2) attached to Planning Authority Statement of Case.

level. The area off and behind Parliament Street includes denser urban development.

- 4. The ground and first floor of the building were previously used as a dental surgery, including treatment rooms, surgeries, reception and staff facilities. The two upper floors have been used as a three-bedroom apartment with a shared access with the surgery. There is no suggestion the apartment on the upper floors is not rightfully used for residential purposes.

The Proposal

- 5. The appeal proposal seeks to convert the ground and first floors to one twobedroom apartment (at ground floor level) and a one-bedroom unit (on the firstfloor floor). The scheme also includes some reorganisation of the internal layout to provide more logical organisation of stair access to the upper floors and defined individual and private apartment internal door access, as well as some minor alterations to the layout of the internal rooms. Whilst the proposed ground floor unit would be accessed from the front door onto West Quay, the main access to the upper floors of the building would be via the existing door from the narrow lane to the side (Old Post Office lane) which links West Quay with Parliament Street. However, it is also noted that the back stairs accessed from the rear yard would also be maintained as an alternative means of access/escape.
- 6. The appellant has promoted the ground floor apartment as being suitable for wheelchair friendly accommodation. This will be returned to later in the report.
- 7. The appeal property stands within the Ramsey Conservation Area. Section 18 of the Town and County Planning Act 1999 advises that in relation to conservation areas, special attention shall be paid to the desirability of preserving or enhancing its character or appearance (Section 18 (4)). The scheme includes external alterations to the building, including the application of render and stone cladding, the replacement of the existing window frames and doors as well as the insertion of french doors with Juliet balconies on the front elevation in the upper stories. The Planning Authority has raised no objection to this aspect of the proposed works, considering the external changes would not have an adverse impact on the character or appearance of the Conservation Area2. I have no reason to defer from the consensus view of the Planning Officer and the Committee Members and therefore, I do not propose to return to this matter again in this report.
- 8. It is clear from the case promoted by the Planning Authority, that the conversion of the first-floor office space to an apartment and associated facilitating internal alterations on the upper floors and ground floor hall/stairs, along with the external changes and alterations detailed above, are all uncontroversial. The main focus of the objection is the conversion of the ground floor office to a residential apartment. I have no reason to defer from this focus and will proceed in my assessment accordingly.

- 2 This matter was discussed at the committee meeting, but Members were satisfied this aspect of the proposal did not warrant a reason for refusal.

### Relevant policy

- 9. The appeal site lies within an area zoned as Mixed Use, Town Centre on the Ramsey Local Plan 1998, Map 2 (South) (RLP) which reflects the character of the area outlined above. The location also lies within a Flood Risk Zone (FRZ).
- 10. RLP policy R/TC/P3 supports the use of upper floors as retail units, offices and apartments where premises are currently vacant.
- 11. Isle of Man Strategic Plan 2016 (IMSP) Business Policy 10 (BP10) indicates retail development will only be permitted in established town and village centres.
- 12. IMSP General Policy 2 (GP2) sets out that development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan will normally be permitted provided that it complies with a number of factors which includes (l) is not contaminated land or subject to unreasonable risk of erosion or flooding.
- 13. IMSP Policy Environment Policy 10 (EP10) sets out that where there is a potential risk of flooding, a risk assessment and details of proposed mitigation measures must accompany any application for planning permission.
- 14. IMSP Strategic Policy 1 (SP1) advises that 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 reusing scarce indigenous building materials;
- (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and
- (c) being located so as to utilise existing and planned infrastructure, facilities and services.

- 15. In the Draft Area Plan for the North and West (APNW) - the site is shown on Draft Proposals Map 5 Ramsey Town Centre, as being located within the 'East Quay' character area. The Plan text (paragraph 9.3.4) advises that the town centre in Ramsey is vulnerable to flood risk, particularly along the East Quay. Under-investment in quayside buildings has resulted in vacant properties and under-occupied urban sites that mar the public face of Ramsey. Consequently, there is a need for regeneration of these sites, together with sympathetic flood risk alleviation measures and public realm improvements, so as to enhance the public face of the town centre and bolster the local economy.
- 16. Paragraph 9.3.5 goes on that setting out Town Centre Mixed Use Areas in Ramsey, defining a town centre boundary and providing suitably worded Town Centre Proposals provides a focus for both public and private sector investment and support a variety of uses that allows for greater flexibility to better respond to changing market demands. Providing greater flexibility of uses can be used as a mechanism to support viable regeneration initiatives in those areas where it is desirable to encourage regeneration, and to bring vacant premises back into commercial use, thereby enhancing the public face of the town.

- 17. APNW paragraph 9.8.1 MUA 1 The Quayside: East Quay (situated to the east of East Street) supports commercial shipping and mixed uses within quayside buildings. Typical uses to lower floors include food and drink, retail and service uses. Residential uses are found in some upper floors, together with storage. This area is exposed to tidal flooding.
- 18. APNW Town Centre Proposal 1a: East Quay Character Area, Ramsey

- 1. A clear delineation between commercial shipping uses operating on the East Quay and commercial uses within quayside buildings should be maintained;
- 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;
- 3. Future uses should support an extended economy into the evening hours;
- 4. Where possible, existing historic quayside buildings should be retained and renovated, and vacant premises brought back into re-use. Sympathetic modifications to quayside buildings that help to minimise flood risk and promote inclusive access will be supported;
- 5. Where demolition and new build is proposed in this character area, the future design of such schemes must be resilient to flood risk, of high design quality and respond to the context of the vernacular character of the quayside buildings;
- 6. The inclusion of views from quayside buildings across the Harbour should be encouraged; and
- 7. Public realm improvements and sympathetically designed flood alleviation measures on the harbour side will be supported. Public realm design must take account of the location and be designed for longevity."

- 19. I am conscious that the APNW is currently a draft document under examination but has not been through the full extent of the appropriate process leading to adoption. Therefore, without the certainty of an assessment of the APNW’s conformity with the current IMSP, only limited weight can be ascribed to the policies within. It does however, present a direction of travel for relevant planning policy.

Case for the Planning Authority3

- 20.With regard to reason for refusal 1, the submitted drawings show that the appeal proposal would involve the provision of a ground floor apartment where sleeping accommodation at ground floor level would be provided. Access to one of the two bedrooms serving this 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 rear courtyard with an access door with level access serving this apartment and the first and second floor apartments above.
- 21.The appellants provided a Flood Risk Assessment (FRA) prepared by BB Consulting – Civil & Structural Engineers. The Flood Risk Management Division (FRM) had raised objection to the proposed development advising that the

- 3 Additional Planning Statement, Planning Officer’s Report, Minutes of Planning Committee dates 25 March 2024.

property is at risk of tidal flooding with a flood height for the 1 in 200 year plus cc being 5.64mD02 for Ramsey. They recommended 300mm freeboard on this level. The FRA is not clear on the finished floor level to D02 datum. It states it is to be raised by 280mm and the OS datum is approximately 5.13m. This figure needs to be accurate to D02 datum. The applicant's FRA does state mitigation measures which we support and would request that these be conditioned. With regard to demountable flood barriers the issue is that it is the deployment of these long term, where will they be stored, how it would be ensured that changing residents over the years know where they are and how and when to deploy them? This deployment also supposes that the occupants are fit & healthy enough to fit the devices during a flood event and that there is a maintenance plan for the demountable barriers and their placements. What is the flood emergency plan for deployment? FRM are opposed to sleeping accommodation on the ground and basement floors of buildings in a flood zone. The proposed defences on the Quayside have not yet been constructed and cannot be referenced as a source of protection to the property.

- 22.Following a request for further information from the Flood Risk Management Division, the FRA was supplemented with additional information contained in the letter from CJ Design Ltd dated 10/1/24, advising that further to the Planning Application, reference as above, and the subsequent email dated 04th December 2023 from Mr Peter Dainton of the Flood Risk Management Division, we wish to confirm the following levels in relation to the D02 datum as requested.

Pavement in front of the entrance door – 4.71m Entrance door threshold level – 4.86m Proposed Ground floor level – 5.14m

This additional information indicates that the proposed finished ground level of the ground floor apartment would be 100mm above the OS Datum which is approximately 5.13m, at this location.

- 23. Members considered that whilst the proposed finished ground level of the ground floor apartment would be 100mm above the OS Datum, this was insufficient by way of a height difference to ensure that the property would not be susceptible to flooding, especially as the door entrance in the courtyard was set at a level lower than the Old Post Office Lane paved street level – along which water would travel during a flood event – given that there would be three steps down from street level into the rear courtyard to access the door to the ground floor apartment. This reflected the concerns raised by FMD who recommended a 300mm freeboard on this level to ensure that the property would not be at risk of tidal flooding with a flood height for the 1 in 200 year plus climate change being 5.64m D02 for Ramsey.
- 24.Given that the proposals involved the provision of two bedrooms to serve the new ground floor apartment, this represented an unacceptable danger to life, especially if a flood event occurred during the hours of darkness, hence the reason for refusal. In addition, no flood prevention measures, or flood mitigation measures were 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. This compounded the unacceptability of the proposed development in respect of the danger to future occupants that could arise in the event of a flood occurring. This is contrary to the provisions of IMSP Policies GP2 (l), and EP10.
- 25.In respect of reason for refusal 2 the proposal would have involved the loss of the existing ground floor of the property to uses which are appropriate in this Town Centre location such as a shop. Previously the ground floor of the premises had been lawfully used as a Dental Surgery4.
- 26.Approval of the appeal proposal would result in the loss of the use of the ground floor of the premises to such a use as a shop, or other such uses such as a travel agency, nail bar, hairdressers, showroom, or therapists treatment room as permitted by PA 04/02366/C, where approval granted for a change of use from office/show room to a therapy room at 3 West Quay, Ramsey, was permitted on 14/1/2005.
- 27.Members considered that overall, the proposal would fail to maintain and enhance the viability and vitality of the town centre by introducing a wholly residential use for the premises at 3 West Quay, which is situated on the corner of a busy walk-through along Old Post Office Lane which links West Quay and Parliament Street in the centre of Ramsey, and as such, that it represents a desirable location for such a use or uses. This aspect of the appeal proposal is, therefore, contrary to the provisions of IMSP Policy BP10, which seeks to permit retail development only in established town and village centres; and, in the Ramsey Local Plan 1998 (Planning Circular 2/99), Policy Town Centre Proposal 1a: East Quay Character Area, Ramsey, Part 2 which indicates that 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.

Case for the Appellant5

- 28. Reason for Refusal 1 - The Flood Risk Assessment prepared by BB Consulting Engineers dated 25th October 2023, submitted as part of the additional information required by the planning application, recommends Flood Resistance measures be incorporated into the general development. These are covered in paragraph 10.4 of the document and include:

- 1) Incorporating temporary flood barriers to the ground floor entrances complying with BS 851188-2;
- 2) The sealing of new services entering the building; and
- 3) Addition of non-return valves in the underground drainage system serving the property.

- 4 PA13/90973/C - Change of Use of ground floor retail shop and internal alterations to create a new Dentists Surgery. Confirms previous use was as a retail shop.
- 5 Supporting information Statement, Planning Appeal Statement, Client Statement, Flood Risk Assessment dated 25 October 2023.

- 29. Further Flood Resilience measures to be incorporated into the ground floor apartment are covered in paragraph 10.5 of the Flood Risk Assessment and include:

- 1) Tiled floor finishes and skirtings;
- 2) The use of solid wood or steel for the internal doors, fixtures, and fittings instead of particle board;
- 3) The use of water-resistant wall lining materials such as cement board instead of standard plasterboard; and
- 4) All electrical sockets and switches to be positioned at least 1m above the ground floor level.

- 30. The Flood Resistance measures, specifically the external door barriers, would generally be the responsibility of the Ground Floor apartment owner to install when high tide levels are predicted. However, as the ground floor accommodation could potentially be occupied by a wheelchair user who is unable to install the flood barriers to the external doors themselves, we would expect suitable guidelines be written into the Management Companies contract to enable the external door barriers to be installed by the Management Company in the event of a forecast flood (subject to the agreement of the Ground Floor Apartment owner).
- 31. Whilst the risk of coastal overtopping is high within the West Quay area of Ramsey, the applicant is not aware of any flooding events to the application site whilst it was in operation as a dental surgery (approximately 10 years). It should also be noted that a member of the Planning Committee (Mr Whiteway) who declared his previous ownership of the property during the Planning Committee meeting of 25th March 2024, also advised he was not aware of any flooding events to the ground floor level in recent history. The planning application included raising the ground floor level at the front of the property (Lounge and Kitchen area) by approximately 240mm to match the rear bedroom to provide level accommodation for general living space and one bedroom with en-suite facilities. This bedroom can be accessed directly from the side lane to allow wheelchair access into the main ground floor residential accommodation (excluding a rear bedroom and en-suite). The ground floor accommodation would provide much needed inclusive accommodation within the Ramsey Town Centre as identified as part of the Draft APNW.
- 32. The need for residential accommodation suitable for wheelchair users with easy access to the shops and facilities was identified in Ramsey Town Centre by research done by the appellant. The building is ideally located to provide such a unit and the ground floor layout can be easily adapted to provide level wheelchair access from the side lane. This would benefit the community addressing a gap in local services. It is proposed to increase the width of the existing door opening from the side lane by 100mm to provide easier access and build up the front section to provide Kitchen, Lounge, Bedroom and En-suite provision all on one level. The existing room to the rear will then provide further bedroom and ensuite facilities for a live-in carer or occasional support worker that stays overnight. This change of use to create a two-bedroom, wheelchair friendly

- apartment involves minimal alteration to the external appearance of the building except widening the side door.
- 33. Although the site falls within an area at high risk of tidal flooding, the ground floor level facing the Quay is to be raised 240mm to provide accommodation on one level for wheelchair users. This will have the added benefit of reducing any potential flooding implications.
- 34. Reason for refusal 2 - The existing ground & first floor commercial unit has been vacant since July 2022 and the applicant has received no interest from potential buyers to purchase the space. The property has been advertised for sale for the last three years but with no interest or response. This lack of demand suggests no requirement for a dental surgery within this area. It can be observed from similar properties on West Quay and within the Ramsey Town Centre that become vacant, they generally stand empty for long periods of time as there is very little demand for commercial properties of this nature in this area. This has been further reinforced following discussions with local Estate Agents / Letting companies.
- 35. To avoid the building standing empty for several years and potentially falling into a state of dilapidation, the current owner would like to explore the alternative uses for the building that are in accordance with current planning policy and are more viable in terms of occupation. The building structure is generally in a good state of repair with a sound & waterproof roof covering and substantial masonry walls that are structurally sound. Should the building be left empty / unheated for several years then the potential feasibility of any future use becomes less viable/attractive. The draft APNW generally recommends commercial use to the ground floor with residential use to the upper floors of buildings on the West Quay. However, it also acknowledges that West Quay contains a mixture of development and is therefore suitable for further mixed-use development (see extract below from Draft APNW dated February 2024) that would support the evening economy and bring life back into Ramsey Town Centre.

7.6. The historic core is characterised by a high density of fine-grained warehouse premises of traditional construction that historically supported the trade and commerce associated with the harbour. Indeed, the harbour and quayside form the public face to Ramsey Town Centre. Sadly, many of the quayside buildings have fallen into decline. A number of warehouses have been demolished and this has created gap sites within the historic fabric, particularly to the west of East Street. Other quayside buildings accommodate food and drink, office and residential land uses, creating an interesting mix on the quayside that supports an evening economy.

Conclusion

- 36. Whilst West Quay is within an area identified as a High-Risk Tidal Flood Zone, the raising of the ground floor level and Flood Resistance & Resilience measures included as part of the proposals mitigate as much as possible any potential future flooding events. The draft APNW identifies 3 West Quay within an area suitable for Mixed Use development and encourages Inclusive residential accommodation within the Ramsey town centre. These proposals achieve the

goals of the draft Area Plan without compromising the character of West Quay in general.

### Other Parties

- 37. Ramsey Town Commissioners - no comments.
- 38. Highways Division - no significant negative impact upon highway safety, network functionality and /or parking. The site is located in a sustainable location being within Ramsey centre. Bins can be stored in the private rear courtyard as existing. At least two cycle parking spaces should be provided for the two new flats (bike store shown in rear yard).
- 39. DoI - Flood Risk Management Division (FMD) - Following receipt of the Flood Risk Assessment dated 25 October 2023 – Opposed to the grant of permission as the property is at risk of tidal flooding with a flood height for the 1 in 200 year plus cc being 5.64mD02 for Ramsey. We also recommend 300mm freeboard on this level. The FRA is not clear on the finished floor level to D02 datum. It states it is to be raised by 280mm and the OS datum is approximately 5.13m. This figure needs to be accurate to D02 datum. The applicant's FRA does state mitigation measures which we support and would request that these be conditioned. With regard to demountable flood barriers the issue is that is the deployment of these long term, where will they be stored, how it would be ensured that changing residents over the years know where they are and how and when to deploy them? This deployment also supposes that the occupants are fit & healthy enough to fit the devices during a flood event and that there is a maintenance plan for the demountable barriers and their placements. What is the flood emergency plan for deployment? FRM are opposed to sleeping accommodation on the ground and basement floors of buildings in a flood zone. The proposed defences on the Quayside have not yet been constructed and cannot be referenced as a source of protection to the property.

Assessment by the Inspector

- 40. The main issues are twofold in this instance.

-  whether the ground floor residential use would be at a tangible risk from tidal flooding; and
-  whether the proposed change of use to residential of the ground floor would unacceptably impact on the vitality and viability of the Town Centre and Quayside.

- 41. Flooding - The DOI FMD identified that the appeal site lies within a High-Risk Flood Zone (FRZ) (Tidal) area. Much of the immediate town centre surroundings of the appeal site lies within the zone. No evidence was presented of recent flooding on the Quayside but there is a real fear of tidal flooding in the Town and there is an intention to build a flood barrier to protect Ramsey. This confirms for me that the risk of tidal flooding is actual, and Government is taking it seriously by investing in exploring means of protecting the Town6.

- 6 The FRA suggested that the Department have recently made provision for flood defence measures along the Quayside, but I have no further information on this so can give it little weight.

- 42. For now, however, more practical and building specific means of preventing flooding must be explored7. The FRA does set out flood protection measures at paragraph 10. The proposed ground floor level coming in from the pavement off West Quay8 would be raised to at datum 5.14m floor level, with the front threshold being 4.86m. Temporary flood barriers to the ground floor entrances would be made available. These would be perimeter barrier systems which would be readily stored within the building for deployment when required.
- 43. The appellant highlights that normally the installation of such devices would be the responsibility of the resident of the ground floor apartment should high tide levels be predicted. However, the ground floor apartment has been heavily promoted by the appellant as being for a wheelchair user who is unlikely to be able to install the barriers. Two of the external doors are specific to the ground floor apartment. The appellant suggests that in these circumstances it would be the responsibility of the building Management Company to install the external door barriers in the event of a forecast of flood.
- 44. This seems a wholly impractical arrangement, the responsibility for responding in a timely manner to flood risk lying with an unknown Company who may or may not be based in Ramsey. This does not appear to be a swift means of response which may be needed when circumstances of over-topping/flooding are predicted.
- 45. It further gives me concern that in these circumstances the resident of the ground floor apartment, who may have mobility issues, could be reliant on an offsite organisation for the securing of the means of flood prevention in the apartment, the front door of which opens directly onto West Quay and the Harbour.
- 46. In addition, whilst the floor level of the lounge, kitchen and bedroom would be raised above that of the Quay9, the second bedroom backing onto the rear yard10 would be accessed down at least one step from the main rooms of the apartment. The rear yard is at least 2 steps down from Old Post Office Lane and the bedroom can be accessed from the rear external door from the rear yard. This places the back bedroom below the outside street level of Old Post Office Lane and, with the rear yard also being below that level, the bedroom would be vulnerable to water ingress through flooding. This is particularly so in the circumstances of the uncertainty in respect of the deployment of the perimeter flood barriers. As a bedroom arrangement this then places the occupier of that room at risk during a flooding event.
- 47. I appreciate the appellant has offered to submit and comply with a Flood Prevention Measures Management Scheme which could be required and secured by condition. However, the accommodation of wheelchair users in the ground

- 7 The upper stories represent safe refuge for residents in the event of a flood, so the flood prevention measures centre of the ground floor of the building.
- 8 Which is at above datum 4.71m
- 9 Would have the benefit of providing level access for a wheelchair user across the apartment.
- 10 Identified for occupation by a carer.

floor apartment and, the already identified potential risks for occupants in a flood event, are grave enough that to reserve the identification and securing of appropriate, practical and effective means to safeguard the well-being of the occupiers, to details to be submitted as a requirement of a condition is not considered to be proper in these circumstances. To my mind these details need to be properly identified, including technical specifications, and assessed by the appropriate responsible body to ensure they would fully safeguard any future living accommodation on the ground floor and would remain installed and fit for purpose, particularly in respect of installation of the barriers.

- 48. For these reasons I consider the appeal proposal would place the residents of the ground floor at risk of harm in a flooding event which would compromise the terms of IMSP Policies GP2 and EP10.
- 49. Impact on the vitality and viability of the Town Centre and Quayside – The ground floor unit was last used as a Dental Surgery and a shop before that, as well as a therapy studio. I appreciate that the appellant, who ran the Dental Practice, was unable to maintain the business, with the level of uptake of patients not reaching a minimum threshold.
- 50. The premises has remained empty for the last three years and the lack of usage on the Quayside is obvious and certainly undermines the vibrance of activities in this area. However, planning policy is very clear that whilst upper floor use for residential purposes is supported the ground floors are recognised as being important for the accommodation of commercial uses which may contribute to the viability and vitality of the Quayside and wider Town Centre.
- 51. I recognise that the APNW identifies that greater flexibility of uses to encourage regeneration should be considered to bring vacant premises back into use and enhance the public face of the Town. However, this initiative centres on commercial town centre uses.
- 52. The Ramsey Local Plan Policy R/TC/P6 West Quay sets out that this area is allocated for mixed use, with a presumption in favour of rehabilitation and conversion of the warehouse buildings. The appeal building is an old warehouse building and its rehabilitation should be encouraged.
- 53. The appellant has made some efforts to secure a user for the old surgery. It would seem another dental surgery was sought, with no takers. However, I am not clear whether the ground floor unit was marketed for alternative commercial uses, sale or let, for how much, and for how long.
- 54. I agree having the ground floor unit empty and lifeless does not enhance the Quayside. That said without firm evidence that all other avenues of commercial usage have been explored and efforts made to secure an appropriate commercial use, a conversion to residential, which would remove the existing unit probably forever from business use, cannot be justified.

- 55. Therefore, the proposed change of use of the ground floor unit would diminish the variety and interest of the Quayside and to a lesser extent the shopping street of Parliament Street. This would be contrary to the terms of IMSP Policy BP10 and the direction of travel of APNW Policy Town Centre Proposal 1a: East Quay Character Area, Ramsey.
- 56. In reaching this view I have taken into account that the proposed ground floor apartment would offer accommodation to wheelchair users which could have added to the weight in favour of the scheme. I do not doubt there may be a need for such adapted apartments. However, due to the issues already highlighted in relation to the unsuitability of the change of use in relation to the risk to residents in a flooding event, I give this factor little weight in the balance of the decision.

Recommendation

- 57. Therefore, I recommend that the appeal be allowed in part (Split decision) and planning permission be granted for the conversion of first floor unit to create one additional apartment, including alterations to external elevations, new windows, doors, render and stone cladding at 3 West Quay, Ramsey, Isle of Man. If accepted, this recommendation will have the effect of setting aside, in part, the decision of the Planning Authority to refuse the application. However, 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.
- 58.In the event that the Minister should agree with the Planning Authority’s case and decide to uphold their decision to refuse the proposal in its totality the reasons for refusal, reproduced at Annex B, should stand. Reason
- 59. The proposed conversion of the ground floor to a residential apartment 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. Further, the ground floor change of use would undermine the variety and interest of the Quayside contrary to IMSP Policy BP10.

## Frances MahoneyMRTPI IHBC

Independent Inspector

4 September 2024

ANNEX A

Schedule of recommended conditions – Split decision

- 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.

- 2. 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.

- 3. 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.

Should the Minister decide to allow the appeal in its totality condition 2 above should be deleted and the following condition added.

2. Prior to the commencement of works hereby permitted a Flood Prevention Measures Management Scheme should be submitted to and approved in writing by the Planning Authority. The terms of the scheme shall take effect from first occupation of the new apartments and the barriers and process for their deployment shall be installed and implemented in accordance with the scheme at all times in perpetuity.

Reason: In compliance with the terms of IMSP Policies GP2(l) and EP10.

This decision relates to the following plans and drawings:

- o Drawing No 2023/26 04 Rev A
- o Drawing No 2023/26 03 Rev B Drawing No 2023/26 01 Rev A

Annex B Reasons 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 (l), and Environment Policy 10 in the Isle of Man Strategic Plan 2016.
- 2. 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).

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/88363-lezayre-3-west-conversion-change-of-use/documents/1142299*