Officer Planning Report

Application No.:	12/00150/C
Applicant:	Mr Michael Colin & Mrs Susan Christine Shute
Proposal:	Conversion from an office to a residential dwelling
Site Address:	Old Coastguard Station Queens Promenade Ramsey Isle Of Man

Officer's Report

The Application Site

1. The application site is the curtilage of an office building known as the Old Coastguard Station on the East Quay in Ramsey. The building is located adjacent to a cement works warehouse on its southern boundary and another warehouse on its northern boundary. Further warehousing is located to the immediate rear (west) of the application site. From the front, the property overlooks the Irish Sea, and large shipping containers and industrial vehicles stored approximately 5 metres and 10 metres away on the quay as part of the surrounding port activity.

1. The property has garage space at ground floor level with two floors of office space above it. The second floor looks to be a modern extension placed on top of the original building that was built in a Victorian style.

The Proposal

1. Proposed is the conversion of an office building into a residential dwelling. The proposed floor plans entails a ground floor garage to accommodate 1 car parking space, 2 bedrooms on the first floor, with a kitchen and lounge on the second floor with a roof garden above it.

Planning History

1. The application site has been the subject of a number of previous planning applications, one of which is considered specifically material to the assessment of this current planning application:

09/02070/B - Alterations and erection of an extension, Old Coastguard Station, Ramsey East Quay – Approved.

02/01152/C - Change of use of dwelling to office, Harbour Master’s House, Ramsey East Quay – Approved.

Case Officer:	Mr Jamie Leadbeater
Photo Taken:	21.02.2012
Site Visit:	21.02.2012
Expected Decision Level:	Officer Delegation

Planning Policy

1. The application site falls within a parcel of land designated for Town Centre Mixed-Uses, and is located within the Ramsey Conservation Area, on the Ramsey Local Plan 1998 South Map. The accompanying written statement, Planning Circular 2/99, includes the following policy that is considered materially relevant to this current application:

Policy R/TC/P5 East Quay and South Promenade states:

"The area north west of Neptune Street shall be used for harbour related purposes only. There will be a presumption in favour of rehabilitation/redevelopment of warehouses and the cement silo to allow for through traffic from quayside delivery to on island redistribution in conjunction with a revised Traffic Management Scheme. This shall however, be subject to the retention of the existing frontages of the Brookdale Engineering and Mezeron buildings, with prohibition of portacabins and other engineering buildings".

1. The Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to this planning application proposal. General Policy 2 states:

"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;

Environment Policy 25 (incorrectly stated as policy 24) states:

"Pollution-sensitive development will only be allowed to be located close to sources of pollution where appropriate measures can be taken to safeguard amenity".

Transport Policy 7 states:

"The Department will require that in all new development, parking provision must be in accordance with the Department’s current standards".

The current standards are set out in Appendix 7 on the Strategic plan. Paragraph A.7.6 states the following with regard to typical residential units:

"2 spaces per unit, at least one of which is retained within the curtilage and behind the front of the dwelling".

Representations

1. The Highways Division have recommended refusal of the proposal for the following reasons:

• the proposal only provides one on-site car parking space, when two is required in accordance with the Isle of Man Strategic Plan requirements;

• it is not considered the solution for the second required space could be to use the highway adjacent to the property due to the high volume of 'articulated vehicles', or nearby Neptune Street or the nearest part of the Queens Promenade as they are already heavily congested and proposing this would intensify the situation;

• 'Visibility splays' for a 30mph road of 2 x 36 metres (23 metres minimum) are not demonstrated as part of the proposal that those requirements can be achieved over land within the ownership of the applicant. Although vehicular traffic is one way, pedestrian movement is still two way.

1. In response to the Highways Division's comments, the applicant argues the following points:

• With regard to Visibility Splays, the garage has an existing access which was satisfactory for both the existing office use and the government's own use before the office use was approved. Two way visibility is clearly not achievable on most town centre properties that are built abutting the highway as the Highway is inevitably within the ownership of the Isle of Man Government. There is not pedestrian footpath on the section of Queens Promenade outside of the property.

• With regards to off-street parking, the applicant believes a single off-road space exceeds that provided by the majority of town centre offices and residential properties. There are numerous cases where parking numbers cannot be achieved which would leave many town centre sites unusable for development. The applicant provides the following example where they believe the Strategic Plan parking requirements have not been applied:

• 1 Market Hill – reduced off-site parking
• Bridge Chambers – No on-site parking for office or apartments
• Hotel proposed for Parliament Street – No on-site parking
• Bowling Alley – Limited on-site parking

• The applicant reaffirms the application does not request parking outside the property, which the applicant does not believe has any parking restrictions, road markings or traffic management. Subsequently, the applicant queries why vehicle can't park outside the property whilst they permit the highway outside the property to be permanently used for the storage of: shipping containers, skips, boat storage, vehicle repairs, dinghy storage, lorry and van parking.

• As the application property floor area permits for at least six workers excluding visitors, residential use would clearly reduce demand on parking, whilst the times of parking would also change.

• With regards to 'high volumes of articulated vehicles, the applicant believes this is an opinion and not based on a traffic study. The applicant believes it is a fact traffic passing the property is specific to the harbour use only and in their opinion is far lower in numbers than what occurs on any highway within Ramsey.

1. The Manx Electricity Authority has registered an interest in the application.

Consultation

1. It was considered necessary to contact the Environmental Protection Officer in order to ascertain the potential impact that neighbouring industrial activities would have on the application property, with a view to it becoming a permanent residential dwelling. Having visited the site, the Environmental Protection Officer has advised that the application property is unsuitable for residential use due to the potential noise nuisance from the surrounding busy commercial area.

Assessment

1. Although the application property lies within a conservation area, the proposal does include physical alterations to the application property, and as such conservation considerations are not considered integral to the assessment of this application.

1. The proposal would change the use of a current office building into a residential unit within an established active port area on the East Quay in Ramsey. The port area activity is largely shaped by the tides to allow boats into the neighbouring harbour for loading and unloading, therefore leading to varying operation times which could be in either early morning or late evening on every day of the week. As such, significant concerns are raised about the level of amenity that can be achieved for prospective residents of the property.

1. The application property is tightly situated between warehouses on both side elevations and its rear elevation, with the only outside amenity space being on its roof and a peripheral balcony at its second floor level. This level of external amenity raises concerns over the ability of prospective residents’ quality of living in respect of noise and air pollution, and their own private amenity.

1. The proposed car parking arrangement is not considered to satisfy the two parking space requirement set out in Appendix 7 of the Isle of Man Strategic Plan 2007. Only one space is proposed and available within the curtilage of the site. The Highways Division advised that a second space could not be achieved on nearby Neptune Street or the Queen’s Promenade as it exacerbate existing traffic congestion. The Highways Division later accepted a more relaxed approach could be taken to the requirement of a second parking space due to its ‘town centre’ location, a status that the applicant concurred with, however it is arguable whether it can be considered a town centre location due to its location within the port area. As such, it has been necessary to assess the residential parking requirements in accordance with those attached to Transport Policy 7 of the Isle of Man Strategic Plan 2007. The Highways Division also advised that a second space outside the ground floor garage would not be a viable solution either, due to high volumes of articulated vehicles travelling in front of the building. This reasoning is considered to be of greater significance than the applicant pointing out no road markings affixed outside the application property to restrict car parking.

1. Policy R/TC/P5 East Quay and South Promenade in the Ramsey Local Plan merely makes reference to the retention of land north-west of Neptune Street for harbour-related uses. However, it is evident from a site visit that the land to north-east, in which the application site falls, is also intrinsic to the functions of the port. As such, whilst the application site is designated for mixed-use, it is considered from a strategic planning perspective that the approval of this application would compromise the future development of the port which could be pivotal in stimulating economic growth in the future.

1. It accepted the Harbour Master's building is located in close proximity to the application site, also within the industrial port area, takes on a residential use. However, this use is historic and strategically located for its use which is linked the port's functioning. It is therefore considered an exception and should not be used as a precedent for residential development within the port area. Furthermore, the approval of planning application 02/01152/C for the conversion of the Harbour Master building into offices is a further indication of growing demand for non-residential uses within the east quay area, north of Neptune Street, which could be an important source of direct and indirect economic growth for Ramsey in the future.

1. Overall, although the site has been land-use designated for mixed-use, it is not considered that adequate parking or levels of residential amenity can be achieved on the application site. It is also considered that the proposed development could compromise the future development of the port area, which could support economic growth in Ramsey in the future. As such, it is not considered that the proposal meets all the relevant planning policy requirements and should not be granted planning approval in this case.

Recommendation

1. It is recommended that the planning application be refused.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

The local authority, Ramsey Town Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.

The Environmental Protection Unit, part of the Department of Environment, Food and Agriculture, is afforded 'party status' as it considered their professional opinion is a fundamental material consideration in the assessment of this planning application.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

The Manx Electricity Authority is not to be awarded 'party status' as they do not raise any material planning concerns.

Recommendation

Recommended Decision: Refused

Date of Recommendation: 12.03.2012

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1. By reason of the level, type and frequency of commercial activity occurring within the adjoining port it is concluded that the residential dwelling would fail to achieve satisfactory amenity standards. As such, the proposal is contrary to General Policy 2 (h) of the Isle of Man Strategic Plan 2007.

R 2. Due to the potential conflict between residential use and the commercial activity within the port, it is concluded that the proposed use would prejudice the future development of adjoining land. As such, the proposal is contrary to the provisions of General Policy 2 (k) of the Isle of Man Strategic Plan 2007.

R 3. The proposal fails to provide sufficient on-site car parking to satisfactorily serve the proposed use. Given the potential conflict with commercial traffic within the surrounding area, it is concluded that there are no grounds to accept a lower parking standard and rely on on-street car parking. As such, the proposal is contrary to the provisions of General Policy 2 (h and i) and Transport Policy 7 of the Isle of Man Strategic Plan 2007.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Refused Date : 22-3-12

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : S. Shouett Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager