Earlier Planning Officer Report

Planning Officer Report And Recommendations {{table:18441}}

Officer's Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE RECOMMENDATION IS CONTRARY TO THE RECOMMENDATION OF THE HIGHWAYS DIVISION.

The Application Site

1. The application site comprises a building located on Parliament Street in Ramsey. The building is currently used as a gymnasium at first and second floor level and also contains residential apartments on the first, second and third floor. All of this is located above two ground floor shop units, which are unaltered by the development proposed by the planning application.

The Proposal

1. The proposal comprises the conversion of the upper floors of the building into self contained apartments and a rear extension to create an additional self contained apartment, rotating 7 unit

Planning History

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

1. Planning application 06/00391/B sought planning approval for the conversion of existing snooker hall/bar into self contained apartments and the erection of an extension to rear elevation to create an additional two apartments. This previous planning application was refused by the Planning Committee on the 1st September 2006. A subsequent appeal against refusal was upheld by the Minister, in accordance with the recommendation of the appointed Planning Inspector, with the appeal approval decision issued on the 8th January 2007.

1. Planning application 10/01144/C sought planning approval for the change of use of existing bar/snooker hall to a gymnasium. This previous planning application was approved on the 30th September 2010.

Planning Policy

1. In terms of local plan policy, the application site is within an area which is zoned as an area of "Mixed Use Town Centre" identified on the Ramsey Local Plan 1998. It is appropriate to consider Policy R/TC/P3 Upper Floors of Planning Circular 2/99 and the relevant points from General Policy 2 of the Isle of Man Strategic Plan (20th June 2007).

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application.

1. 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (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;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

1. Housing Policy 17 states:

"The conversion of buildings into flats will generally be permitted in residential areas provided that:

• (a) adequate space can be provided for clothes-drying, refuse storage, general amenity, and, if practical, car-parking;
• (b) the flats created will have a pleasant clear outlook, particularly from the principal rooms and
• (c) if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area."

REPRESENTATIONS

1. Ramsey Town Commissioners state that they have no objection to the planning application. They do comment on the relationship of the proposed extension to the existing dormer windows and suggest that a reduction in car parking standard is acceptable due to the town centre location.

1. The Department of Infrastructure Highways Division object to the planning application. The grounds for their objection can be summarised as concern that the proposed additional apartments will impact on the current congested parking situation that exists.

1. The Department of Environment, Food and Agriculture's Environmental Health Officer expresses an interest in the planning application. The contents of their representation relates to non material planning considerations covered by other non planning legislation.

1. The Manx Electricity Authority expresses an interest in the planning application. The contents of their representation relates to non material planning considerations.

ASSESSMENT

1. The proposal comprises the conversion of the upper floors of the building into self contained apartments and a rear extension to create an additional self contained apartment. Whilst the

planning application states that the proposal is an amendment to previously approved planning application 06/00391/B it is understood that this previous planning approval was commenced but has not to date been fully implemented. Nevertheless, it is relevant to consider the proposal against this previous planning approval. In terms of differences between the two the key differences are the left hand side of the second and third floor plans are altered from one existing maisonette to provide two 3 bedroom apartments and a rear third floor extension has been altered from previously providing two apartments to providing one 2 bedroom apartment. The overall number of apartments contained within the building has been reduced from eight as approved under previous planning application 06/00391/B to seven.

1. The principle of apartments within the building was established by the previous planning approval and the proposed development is considered to accord with the provisions of the relevant planning policies. The resultant living environments for the apartments resulting from the proposed internal changes remains acceptable and the change to the proposed rear extension is acceptable. The level of development proposed by the current planning application is less intensive than approved by previous planning application 06/00391/B.

1. As highlighted earlier in this report the Department of Infrastructure Highways Division object to the planning application on the grounds that the proposed additional apartments will impact on the current congested parking situation that exists. Whilst the reasoning for this objection is appreciated it is necessary to take account of previous planning application 06/00391/B. As work on this previous planning application was commenced the planning approval has been implemented and the overall development could be legitimately completed. The development proposed by the current planning application results in one less apartment than that extant planning approval. It has to be concluded that it would be unreasonable, and difficult to sustain at appeal, a refusal based on insufficient parking provision given the extant planning approval for a greater number of apartments on the application site.

1. The proposal is not considered to affect any other obvious material planning consideration.

Recommendation

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

Party Status

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

Ramsey Town Commissioners.

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 Infrastructure Highways Division; The Department of Environment, Food and Agriculture's Environmental Health Officer; and The Manx Electricity Authority.

Recommendation
Recommended Decision:	Permitted
Date of Recommendation:	11.05.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
O : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to drawing no.s 060089/1/A, 060089/2/A, 060089/3, 060089/6 and 060089/7 date stamped the 16th March 2012.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : ... Committee Meeting Date : ...

Signed : ... Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO