DEC Officer Report

Application No.: 19/00353/GB Applicant: S & A Consultants Limited Proposal: Alterations and creation of ground floor retail (Class 1) with five self-contained apartments above (in association with 19/00355/CON) Site Address: Former Nightlife Saddle Buildings Market Place West Ramsey Isle of Man IM8 1JU Planning Officer: Mr Nick Salt Photo Taken: 07.05.2019 Site Visit: 07.05.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 21.05.2019 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. A flood management plan must be submitted to and agreed in writing by the Department prior to the occupation of the site for retail or residential purposes and the development must be undertaken in full accordance with the recommendations of that report.

Reason: In the interest of limiting the potential impact of tidal flooding on the wellbeing of occupants and the building itself.

• C 3. Details of Refuse and Bicycle storage shall be agreed in writing with the Department, and installed if appropriate, prior to the commencement of any use hereby approved and the development must be undertaken in full accordance with these details. Reason: In the interests of the amenities of future occupants.

N 1.It is advised that this approval relates to the principle of the change of use and to the exterior alterations. All internal alterations are to be assessed via 19/00355/CON Registered Building Consent application.

Both approvals are needed prior to any works commencing. Plans/Drawings/Information: This permission relates to following plans and drawings, date stamped received on 27th March 2019: SM19/487/7 - Location & site Plan, Floor plans Planning/RB statement _______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that Manx Utilities should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

As they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The site is the curtilage of part of the Saddle Buildings in Ramsey, formerly 'Nightlife'. The building is one of the most prominent in the town and features a highly ornate façade over 3 and a half storeys. Parliament Square, onto which the building fronts, is characterised by a mix of traditionally styled frontages. The façade of the Saddle Buildings has retained its current appearance for 38 years, as stated by the applicant and shown in historical photographs. - 1.2 The site buildings are within Ramsey Conservation Area, and are a Registered Building

(144). The building sits directly adjoining to the east of the Feltons Ironmongers shop which fronts onto Market Square. There is a public car park to the front of the building, with the Ramsey West Quay to the south. The property is bounded by a lane on either side with a retail outlet to the south and food outlet to the north.

2.0 THE PROPOSAL - 2.1 This planning application seeks approval for the use of the ground floor of the building as a retail outlet - also including the basement, and the remaining floors as self-contained apartments. There would be two apartments at first floor level, with three at second floor level, all containing 2 bedrooms. Part of the ground floor would be joined with the apartments to provide a communal staircase, with access to the side lane behind Market Hill properties. This is also where bin storage would be located. There would be no car parking associated with the building, as is the case currently. For retail deliveries, there is a dedicated loading bay set alongside the Commercial Hotel nearby. - 2.2 The external elevations of the building would be renovated, however there would be no material change in this regard. There would be alterations to the interior however these are the subject of a separate Registered Building Application 19/00355/GB.

- 3.0 PLANNING HISTORY

3.1 The most recent planning history for the site is an application for the installation of four face mounted antennas to the existing chimney (12/01158/GB) which was accompanied by Registered Building application 12/01159/CON. Both were approved. - 3.2 Internal alterations were approved via 04/01534/CON 14-15 years ago, and there are examples of other renovations such as in 87/04679/B.

- 4.0 PLANNING POLICY

4.1 The application site is in an area designated as Town Centre - 'mixed use' on the Ramsey Local Plan 1998 (South map). The Ramsey Local Plan also states in paragraph 9.1 that "Ramsey Town Centre is the main commercial centre for the north and has its own unique character and set of problems." The site is within Ramsey Conservation Area and is a Registered Building. - 4.2 Given the nature of the application the following policies from the IOM Strategic Plan are most relevant in the assessment:

• 4.2.1 Strategic Policy 4 states: "Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest;
• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
• (c) not cause or lead unacceptable environmental pollution or disturbance."

• 4.2.2 Environment Policy 32 states:

"Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."

• 4.2.3 Environment Policy 35 states:

"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

• 4.2.4 General Policy 2 also provides a base for assessment of all development in areas zoned for such:

"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:

• (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;

• (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."

4.3 Planning Policy Statement 1/01 sets out Policy and Guidance notes for the Conservation of the Historic Environment of the Isle of Man:

- 4.3.1 POLICY RB/4 - USE

"In considering a proposal for change of use of a registered building, the principal aim should be to identify the optimum viable use that is compatible with the fabric, interior and setting of the building, all of which affect its special character as a building of merit. An applicant will have to illustrate that the effect of any proposed changes upon the architectural and historic interest of the building will be minimised."

- 4.3.2 POLICY RB/5 - ALTERATIONS AND EXTENSIONS

"In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative effect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

4.4 As part of the proposal would see the creation of 5 housing units, the following policies are also relevant:

• 4.4.1 IOMSP Housing Policy 4 is concerned with the location of new housing which will be "located primarily within our existing towns and villages".
• 4.4.2 Ramsey Local Plan Policy R/R/P4: Use of Upper Floors for Residential Purposes

"The upper floors above shops are often under-used. Use of this space for residential purposes will be encouraged"

• 4.4.3 Housing Policy 17: "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."

4.5 Finally, Transport Policy 7 should be considered in regard to parking:

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

5.0 REPRESENTATIONS This section contains summaries only, the full comments and representations are available online.

5.1 Ramsey Town Commissioners have no objection to the application (23.04.19). - 5.2 A comment has been submitted from a DEFA Environmental Health Officer on behalf of Ramsey Town Commissioners noting that bin storage, additional storage facilities, space for the washing and drying of clothes have not been shown. These aspects are a requirement for the Housing (Standards) Regulations 2017. The Officer also noted than Flat 5 would appear to have a door opening from the bathroom directly onto the staircase. (23.04.19). - 5.3 Manx Utilities (Flooding) commented on 17.05.19:

"The above application proposes alterations to a new property within a tidal flood zone as per the attached flood map. This map indicates the predicted extent of tidal flooding for a 1 in 200 year return period plus climate change.

Should there be an opportunity to do so, Manx Utilities recommends that the floor levels be raised above the 1 in 200 year plus climate change level, with an additional 300mm of freeboard for commercial properties such as this. The current Peel mAD02 level for extreme tidal events is 4.58. Therefore, the finished floor level should be above 4.88,AD02 (4.48+300mm) as a minimum.

Manx Utilities also recommends that all electric points are located above the predicted floor levels, non-return valves are installed on any foul or surface water drains and a plan be established for how flood warnings will be managed for occupants."

- 6.0 ASSESSMENT

6.1 The key considerations in the assessment of this application are the following:

• o The Principle of the Uses Proposed
• o The Impact on the Registered Building
• o The Impact on the Conservation Area and Town Centre of Ramsey
• o The Parking and Access Arrangements

6.2 The Principle of the Uses Proposed

• 6.2.1 The reuse of what is currently a vacant building is vital not only to the retention and upkeep of the building itself but also of the vitality of the town. Firstly, the retail use proposed for the ground floor would be in keeping with the Mixed Use land use designation of the Town Centre of Ramsey. In that regard, there are no issues in terms of principle, the majority of ground floor units around Parliament Square are either retail outlets or cafes.
• 6.2.2 Similarly, the use of the upper floors above the proposed retail outlet as 5 apartments would not be an unusual or unacceptable one given the location of the building. The use of existing building stock for provision of housing is encouraged, and town centre living can increase the vibrancy and attractiveness of urban areas. It is encouraged in the Ramsey Local Plan as noted in 4.4.2 of this report. It is acknowledged that the residential use particularly would result in alterations to the interior of the building to accommodate modern building and fire safety regulations. In some regard, this could be contrary to Policy RB/4. However overall, the uses proposed are acceptable and do not conflict with the aforementioned policies in Section 4.6. Housing Policy 17 sets out the general requirements for acceptability of conversion into flats - these will be discussed later in this report.

6.3 The Impact on the Registered Building

• 6.3.1 In assessing the impact on the building itself, this will be mainly the subject of the Registered Building application (19/00355/CON). However, the external works are also considered with the planning application. As noted in the applicant's supporting documentation, there would be a new wall construction sitting underneath the existing rear wall line of Saddle Buildings - this would not be highly publicly visible and would have no impact on the special character and appearance of the Registered Building. There are no changes proposed for the façade, which will be refurbished and restored. The front access door would be reinstated as access to a stairwell for the apartments in the upper floors.
• 6.3.2 As there are limited works proposed externally, and none which would harm the character, historic importance and appearance of the building, it is not considered that any harm to the Registered Building would result. The reuse of the building and its restoration would prevent further degradation and ensure that the building remains part of the Ramsey Town Centre street scene for the foreseeable future.

6.4 The Impact on the Conservation Area and Town Centre of Ramsey

• 6.4.1 For the reasons outlined in the above paragraphs, impact on the town and the Conservation Area would be positive in that the building would be preserved and enhanced - as per Environment Policy 35. As noted in 6.2, the use of the building for retail and residential purposes would provide further employment and living opportunities in the town centre - thus improving its viability and vitality whilst preserving its unique traditional character.

6.5 The Parking and Access Arrangements

• 6.5.1 Access arrangements for the shop would be via the existing main entrance door, with service doors to the sides as existing. The applicant has noted that the nearby loading bay at Commercial Buildings will be used for retail deliveries etc. Bin storage would be provided on the southern gable of the building, and access for apartment residents via internal staircases.

• 6.5.2 Turning to parking, there are no on-site spaces as existing and none is proposed, nor would it be possible to accommodate any. For the retail use, paragraph A.7.4 of the Isle of Man Strategic Plan states:

"Most shopping facilities in established centres do not have on site parking provided due to the intensive form of development and their location off the main highway, often in pedestrianised streets (Peel, Castletown, Douglas and Ramsey in particular). In most of these cases, provision is made for servicing outside trading hours from relaxation of the access regulations and the use of de-mountable bollards and rear access lanes. It is impracticable to require on site car parking for either staff or customers in such locations although it must be feasible for retail developments to be serviced. It is equally essential that there are available sufficient areas of public car parking either in car parks or on street, and that adequate controls are in place for these spaces to be available to those who need them. Neighbourhood shops to serve new residential areas can be incorporated into estate layouts and should provide spaces for staff, customers, and service vehicles."

With that in mind, the public car parks in Ramsey Town Centre including the one directly in front of the site would be adequate for the retail use.

• 6.5.3 The parking standards in Appendix 7 of the IOMSP require 2 spaces for each apartment with 2 or more bedrooms. This would result in a total parking space requirement on the site of 10 spaces. Whilst this would not be met on site, there are reasons why this is acceptable. Firstly, there is ample public car parking space in the town centre and along the Quay further along, a Residents Parking Permit may be obtained for long term parking. Secondly, the lack

of parking spaces is typical in town centre apartments, again referring to the IOMSP, paragraph A.7.1:

"In the case of town centre and previously developed sites, the Department will consider reducing this requirement having regard to:

• (a) the location of the housing relative to public transport, employment, and public amenities;
• (b) the size of the dwelling;
• (c) any restriction on the nature of the occupancy (such as sheltered housing); and
• (d) the impact on the character and appearance of the surrounding area. Where new dwellings are created by the conversion of existing buildings, parking space should be formed by the clearance of outbuildings and low-grade annexes or "outlets" if it is reasonable and practicable so to do; however, in general, the need to find a use for redundant buildings which are in sound condition will outweigh the drawback of any shortfall in parking provision."

It is considered that the site in question represents an example of where the parking standards may be relaxed as outlined above.

• 6.5.4 No comments were received from DoI Highways prior to this report being finalised on 21.05.19.

6.6 Other Concerns

• 6.6.1 With regard to flooding risk, the comments from Manx Utilities are noted. With these comments in mind, the applicant is recommended to ensure that electric sockets and points are above the flood risk area and that a flood risk management plan is undertaken. As the potential flood risk relates to the retail use (ground floor) the issue is considered to be less of a concern than if it were residential. Any flood management works undertaken by the owner are in their interest. It is not considered that the raising of floor levels would be appropriate for the Registered Building.

• 6.6.2 The points stated by the Environmental Health Officer as per 5.2 of this report. It is considered that the space available for the storage of bins and cycles is limited given the nature of the site. There are two alleyways on either side however these are used for pedestrian access, and currently for domestic sized refuse bins. With regard to internal layouts, these are not the subject of this planning application, but should be addressed during assessment of the corresponding Registered Building Consent application (19/355/CON). A condition should however be attached to approval requiring such space to be agreed with the Department prior to any occupation.
• 6.6.3 The change of use proposed may be considered to not meet the requirements of Housing Policy 17 in respect of residential amenity. However, on balance, the location of the site within the town centre and close to shared public amenities and local services outweigh the lack of space onsite.

- 7.0 CONCLUSION

7.1 In summary, the reuse of this vacant Registered Building site is appropriate and beneficial to the overall town centre. External alterations would be improvements and would not alter the special character and appearance of the Registered Building or the wider Conservation Area. The proposed uses would be appropriate to the location. Overall, the proposal complies with the policies outlined in Section 4 of this report and the application is recommended for approval on that basis.

7.2 In order for any internal works to be carried out, Registered Building Consent is required - which is not the subject of this application.

- 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The Planning Committee 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 in Article 6(4) 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 can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 23.05.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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