**Document:** SOC Cj Design Appeal Statement on Behalf of the Applicant
**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_statement
**Source:** https://planningportal.im/a/88363-lezayre-3-west-conversion-change-of-use/documents/1142303

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# SOC Cj Design Appeal Statement on Behalf of the Applicant

## CJ Design Limited

10 Ballaterson Road, Peel, Isle of Man IM5 1BJ Tel: 426277 email: carljenk@manx.net

Job Reference 2023/26/06 13th May 2024 PLANNING APPEAL STATEMENT APPEAL THE REFUSAL OF PLANNING APPLICATION 23/00832/B CONVERSION OF GROUND AND FIRST FLOOR UNITS TO CREATE 2 ADDITIONAL RESIDENTIAL APARTMENTS INCLUDING NEW WINDOWS, DOORS AND JULIET BALCONIES AT 3 WEST QUAY, RAMSEY.

Existing Site A detailed description of the application site and surrounding area was included as part of the original planning application (ref 23/00832/B). This is contained within the Supporting Information Statement, CJ Design Limited refence 2023/26/05 and we would be grateful if reference could be made to this statement as part of the Appeal Process.

Although the official address of the application site is 3 West Quay, Ramsey, the Draft Area Plan for the North and West, currently undergoing a Review Process before publication of the final document, appears to include the application site within an area designated as East Quay on Map 5 – Ramsey Town Centre.

Planning Application 23/00832/B The formal planning application was registered as submitted on 18th July 2023.

Correspondence was received from the Highway’s Department on 28th July 2023 advising no significant negative impact upon highway safety, network functionality and/or parking. There was a recommendation to provide secure cycle parking to meet the Active Travel objectives. Following discussions with the Planning Officer, amended information was submitted to include the bike storage provision as part of the original planning process.

Correspondence was received from the Flood Risk Management Division on 31st July 2023 requesting the planning application be deferred on the grounds of an objection due to potential flooding to the ground floor. A Flood Risk Assessment was submitted including flood mitigation provisions and further information was submitted to provide a level of the proposed ground floor in relation to the D02 datum. No further correspondence was received from the Flood Risk Management Division.

Discussions were held with the Planning Officer to agree amendments to the submitted drawings to enable the Planning Officer to support the application.

The application went before the Planning Committee on 25th March 2024 with the Planning Officer recommending Approval. However, the application was refused by the Planning Committee for the Reasons given on the Refusal Notice.

Client Statement

Refer to Client Statement contained within Appendix A – attached to the rear of this statement for specific response.

In addition, we believe there is no demand for commercial units in Ramsey. The main street has several vacant commercial units. Shops are closing, take Looneys for instance it has had a presence for 85 years, and now is no longer sustainable. The main street does not have the footfall; retail is dying due to a variety of factors.

All you have to do is browse social media and real estate agents' websites to find constant requests for residential rental properties. Although the Isle of Man actively promotes relocation, there is a dearth of housing even in areas where jobs may be found. Let's utilise the property wisely, provide homes, and get people back living in town centres to make a community.

Scheme Proposals Planning application ref 23/00832/B sought approval for the conversion of the ground & first floors of the application site from Commercial into Residential and the creation of two additional residential apartments (the ground floor apartment suitable as wheelchair friendly accommodation).

Reasons for Refusal

- Reason 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, no flood prevention measures or flood mitigation measures have been 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 is contrary to the provisions of General Policy 2 (l), and, Environment Policy 10 in the Isle of Man Strategic Plan 2016. 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
- 3) Addition of non-return valves in the underground drainage system serving the property.

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.
- 4) All electrical sockets and switches to be positioned at least 1m above the ground floor level.

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).

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 Area Plan for the North and West.

- Reason 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).

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). 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.

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 we believe 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 Area Plan for the North & West 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 Area Plan for North & West 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 Whilst we understand West Quay is within an area identified as a High-Risk Tidal Flood Zone, we believe 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 Area Plan for the North & West identifies 3 West Quay within an area suitable for Mixed Use development and encourages Inclusive residential accommodation within the Ramsey town centre. We believe these proposals achieve the goals of the draft Area Plan without compromising the character of West Quay in general.

Appendix A – Client Statement Title: Conversion of Ground and First Floor Units to Create 2 Additional Apartments (Refused) Application No.: 23/00832/B Applicant: Brillig Investment Limited Site Address: 3 West Quay, Ramsey, Isle of Man, IM8 1DW Proposal:

• Conversion of ground and first-floor units to create 2 additional apartments, including external alterations (new windows, doors, render, and stone cladding).

### Site Overview:

- • The site is a 4-storey building located at 3 West Quay, Ramsey, within the Ramsey Conservation Area and town centre.
- • Previously used as a dental surgery.

### Recommendation:

- • Approval (by Planning Officer) Decision:
- • Refused (by Planning Committee) Reasons for Refusal:

- 1) Flood Risk (Ground Floor Sleeping Accommodation):

- • The proposed development is in a high-risk flood zone.
- • Sleeping accommodation at the ground floor level could jeopardise the safety of occupants due to potential flooding.
- • This contravenes policies GP2 (l) and EP10 of the Isle of Man Strategic Plan 2016.

- 2) Loss of Dental Surgery (Appropriate Use):

- • Conversion results in the loss of the dental surgery, which is contrary to Business Policy 10 and Town Centre Proposal 1a.
- • Town Centre Proposal 1a indicates that ground floor uses should include shops, financial services, and food/drink establishments.

Reply Explaining Why the Dental Surgery Should Be Converted to a Disabled Flat Subject: Conversion of Dental Surgery to Disabled Flat at 3 West Quay, Ramsey

Dear Sirs, I hope this message finds you well. I'm writing regarding the appeal notice related to our proposal to convert the dental surgery at 3 West Quay, Ramsey, into a disabled flat. I'd like to clarify our reasoning and address the concerns raised.

### 1. No Requirement for a Dental Surgery in the Area:

- • We have advertised the sale of the dental practice for the last three years, but unfortunately, there has been no interest or response.
- • This lack of demand suggests no requirement for a dental surgery within this area.

### 2. Advice from the Planning Department:

- • Following advice from the Planning Department, converting the space into a disabled apartment would fulfil an unmet need in Ramsey, where such accommodation is not currently available.
- • Providing this service locally would benefit the community and align with the local development goals.

### 3. Appeal Notice Confusion:

- • We find the appeal notice somewhat confusing and believe our proposal is misunderstood.
- • The conversion would enhance the availability of accessible housing in the local area.

### 4. Flood Risk Mitigation:

- • We understand the concerns about flood risk due to the site's proximity to the harbour.
- • However, we have included flood mitigation measures and are willing to implement further safeguards to ensure the safety of future residents.

### 5. Community Benefit:

- • Providing a disabled flat will benefit the community and address a gap in local services.
- • This proposal aligns with the Isle of Man Strategic Plan’s aim to reuse existing buildings for community benefit.

### Conclusion:

We firmly believe that converting the dental surgery into a disabled flat will serve the community's best interests. I look forward to discussing this further and welcome any additional advice to refine our proposal.

Best wishes,

Tracey Tracey J Bell BDS (Hons), GDL, Ma Dental Law and Ethics

www.traceybell.co.uk Isle Of Man: 01624 613323 Email: reinvent@traceybell.co.uk

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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/1142303*