Officers Report

Application No.: 24/91268/B Applicant: Mr Gareth M Roberts Proposal: New build 6 storey apartment block containing 12 apartments and associated parking. Site Address: Land/Garden Adjacent To Isle Of Alanis Mooragh Promenade Ramsey Isle Of Man Principal Planner: Chris Balmer Photo Taken: 22.01.2025 Site Visit: 22.01.2025 Expected Decision Level: Planning Committee Recommended Decision: Approve subject to Legal Agreement Date of Recommendation: 09.05.2025 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. At least one parking space as shown on drawing MP-05A shall be allocated to each apartment within the apartment building hereby approved and retained thereafter for the parking of vehicle/s for that apartment. Reason: To ensure adequate parking provision is made to each apartment.
• C 3. Prior to occupation of any apartment and notwithstanding the details shown on the approved plans, all glass balustrades/balconies throughout the development shall be installed with measures to prevent bird strikes to be either etchings on the glass or use of ultraviolet decals, and thereafter retained.

Reason: To prevent bird strikes, due to proximity of nearby nesting birds and compliance with Environment Policy 4.

• C 4. Prior to the commencement of any development a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including

roofs, have been submitted to and approved in writing by the Planning Authority. The development shall not be carried out unless strictly in accordance with the approved details.

Reason: In the interests of the character and appearance of the site and surrounding area.

• C 5. The development hereby approved shall not be occupied until the bin storage area has been provided in accordance with the approved drawing MP-05A. Such area shall not be used for any purpose other than bin storage associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient bin storage is made for the development.
• C 6. Prior to the commencement of any development full details of soft landscaping works shall be submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting showing, type, size, maximum height growth and position of each and including specifications for the green roof. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of any apartment, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species

Reason: To ensure the provision of an appropriate landscape setting to the development and for biodiversity net gain.

• C 7. Prior to the commencement of any development full details of hard landscaping works shall be submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the hard landscaping surfaces shall include colours, textures and manufacturers' details of the proposed materials. The development shall be undertaken in full accordance with these approved details prior to first occupation of the development hereby approved. Reason: To ensure the provision of an appropriate landscape setting to the development.
• C 8. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the building hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.
• C 9. Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the following windows and shall be maintained as such thereafter;

West Elevation Upper Ground Floor - Bathroom First Floor - Bathroom Second Floor - Bathroom Third Floor - Bathroom

Reason: In the interests of neighbouring residential amenities.

• C 10. The development hereby approved shall not be occupied until the 12 space cycle parking area has been provided in accordance with the approved drawing MP-05A. Such area shall not be used for any purpose other than cycle parking associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient cycle parking is made for the development in relation to sustainability and Active Travel aims and to offset a shortfall in car parking spaces.

• C 11. Prior to the commencement of any development full details of bird brick provision have been submitted and approved in writing by the Department and these approved details shall be completed prior to the occupation of any dwelling. Reason: In the interests of Protected Species.

N 1. The applicants are advised that flood resilient precautions should be implemented, which include electrics should be fed from above flood level (including EV charging points). For further information the applicants are recommend to discuss with the Flood Management Division (DOI).

This application has been recommended for approval for the following reason.

Overall, it is considered the proposal would be developing a site which is designated for residential development currently. The proposed development in terms of scale, scale, proportion, finish and overall design would sit comfortably within the site and would be a positive visual impact upon the visual amenities of the street scene/area and with neighbouring buildings which all form part of the Mooragh Promenade.

The proposal would provide an additional supply of housing within a sustainable location, given its closeness and good pedestrian to Ramsey town centre and would meeting the overarching aims of the IOM Strategic Plan i.e. "Towards a Sustainable Island" and identified near the top of the settlement hierarchy.

In relation to highway safety there are no concerns raised and it is considered the level of parking provision is appropriate for the level of development and its location within Ramsey to shops, services and public transport links.

The proposal would have no significant adverse impacts upon private or public amenities.

Finally, there are no adverse impacts to protect species on this site and appropriate conditions in place to ensure ecology mitigation on the site is provided and would result in an energy efficient development.

In conclusion, the proposal would comply with; Strategic Policy 1, 2, 3, 4 5, 10 & 11, Spatial Policy 2 & 5, General Policy 2, Environment Policy 4, 7, 42 & 43, Housing Policy 1, 4, & 5, Recreation Policy 3 & 4, Transport Policy 1, 4, 6, 7 & 8 and Energy Policy 5 of the IOM Strategic Plan 2016, Area Plan for the South and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons given and subject to the Section 13 Legal Agreement been signed and the conditions listed.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers all received;

8th May 2025

• MO-01 - A - Location Plan
• MO-02 - A - Site Plan
• MO-03A - Existing Block Plan MO-04B - Proposed Block Plan 27th March 2025

• MP-05A - Lower Ground Floor Plan In Context
• MP-06A - Upper Ground Floor Plan In Context
• MP-07A - Upper Ground Floor Plan
• MP-08A - First / Second Floor Plan
• MP-09A - Third Floor Plan
• MP-10 A - Fourth Floor Plan
• MP-11A - Existing And Proposed East Elevations In Context
• MP-12A - Existing And Proposed West Elevations In Context
• MP-13A - Proposed East Elevation
• MP-14A - Proposed West Elevation
• MP-15A - Proposed South Elevation
• MP-16A - Proposed North Elevation
• MP-17A - Existing And Proposed Sections Through The Site

• MP-19 - Existing And Proposed Sections From Rear Windows Of Isle Of Alanis
• MP-20 - Existing And Proposed Plans From Rear Windows Of Isle Of Alanis
• MP-21 - Existing And Proposed Plans From Rear Windows Of Isle Of Alanis
• MP-22 - Location Of Existing Rear Windows Of Isle Of Alanis Apartments
• MP-23 - Section From Balcony Confirming Restricted View To Adjacent Windows

• MP-SPA-01 - Existing and Proposed Shadow Map - December
• MP-SPA-02 - Existing and Proposed Shadow Map - March/September
• MP-SPA-03 - Existing and Proposed Shadow Map - March/September
• MP-SPA-04 - Existing and Proposed Shadow Map - June
• MP-SPA-05 - Existing and Proposed Shadow Map - June
• MP-SPA-06 - Existing and Proposed Shadow Map - June
• MP-SPA-07 - Existing and Proposed Shadow Map - Rear South Elevation
• MP-SPA-08 - Existing and Proposed Shadow Map - Rear South Elevation
• MP-SPA-09 - Existing and Proposed Shadow Map - Rear South Elevation Sun Path Analysis Statement

20th January 2025 GMR01/100 P02

18th November 2024

• MP-18 Design Statement Flood Risk Assessment Site Photo

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Department of Infrastructure (Highways Drainage, Estates and Housing and Harbours) - No Objection/Conditions added

Local Authority - No Objection Manx Utilities Drainage - No Objection

It is recommended that the owners/occupiers of the following properties should be given the Right to Appeal as they have submitted an objection that meets the specified criteria:

Department of Infrastructure (Highways) - One of the four requested conditions not added (Flood Risk Management) - object The owner/occupier of Flat 19/20, Isle of Alanis, Mooragh Promenade, Ramsey The owner/occupier of Flat 15, Isle of Alanis, Mooragh Promenade, Ramsey

_________________________________________________________________ Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS A SECTION 13 LEGAL AGREEMENT IS PROPOSED

1.0 SITE - 1.1 The site is the land/garden adjacent to Isle of Alanis, located on the western side of Mooragh Promenade within Ramsey. The site is currently a garden made up of an open lawned space with hedgerows along the boundaries. The exception is the south-western corner which comprises a single storey flat roof double garage. - 1.2 To the north of the site is the property Isle of Alanis, which is a six storey traditional Victorian end terrace building which currently occupies a number of apartments. To the south is Burnville Court which again is a six storey traditional Victorian end terrace building, which currently occupies a number of apartments.

2.0 PROPOSAL - 2.1 The application seeks approval for the erection of a new build 6 storey apartment block containing 12 apartments and associated parking. The proposal would result in a detached block and gaps would be retained between the two neighbouring end terraces of Isle of Alanis and Burnville Court. The new building would appear as a contemporary design which uses vertically proportion glazed windows with partially enclosed balconies with upper floor balconies being more open. The wall elevations would be finished with painted render and dark grey roof tiles. The roof ridge of the new building will match that of the two neighbouring terraces. - 2.2 Each apartment would have two bedrooms and would have sea views from their primary windows (east elevation) serving living room and a bedroom. Each would also have a balcony to the front and rear elevations, with the exception of the upper ground floor apartments which would have a raised terrace. - 2.3 The existing vehicle access and driveway (currently serves the detached garage) would be retained and would run along the southern gable end wall of the new building. The driveway would slope downwards into the site (as it currently does) to a new vehicular access to the lower ground floor (basement level) of the new building. The lower ground floor would accommodate 12 off road parking spaces, bin store, 12 space cycle store and plant room. - 2.4 Landscaping is proposed to the roadside boundary (east) which faces the Mooragh Promenade and to the roof of the lower ground floor to the rear/side elevations. - 2.5 To the rear of the site (west) is a row of single storey flat roofed garages and beyond a storage area known as the "Ramsey Yard" (owned by Ramsey Commissioners). - 2.6 Since the initial submission amendments to the proposal has been undertaken by the applicants following objection from local residents. The main changes relates to the rear elevation where the north-western and south-western corners of the proposed building have been setback to help reduce the potential impacts upon neighbouring properties. Further, more the lower ground floor level has also been reduced in size to again mitigate the potential impacts.

3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site falls within an area designated as "Residential/Office" under the Ramsey Local Plan Order 1998. The site is not within a Conservation Area. The site is within a "High Risk Flood Zone". - 3.2 The Strategic Plan takes its lead from the Government aims which include the pursuit of manageable and sustainable growth based on a diversified economy which is intended to raise the standard of living of the people of the Island and to provide the resources to sustain and develop public services. It also includes the protection and improvement of the quality of the environment such that it continues to be an asset for future generations. - 3.3 The Strategic Aim is: "To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage." - 3.4 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this current planning application: - 3.5 Strategic Policy 1 states: "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 re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services."

3.6 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to:

• (a) minimise journeys, especially by private car;
• (b) make best use of public transport;
• (c) not adversely affect highway safety for all users, and
• (d) encourage pedestrian movement."

3.7 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans." - 3.8 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."

3.9 Environment Policy 4 states: "Development will not be permitted which would adversely affect:

• (a) species and habitats of international importance:

• (i) protected species of international importance or their habitats; or
• (ii) proposed or designated Ramsar and Emerald Sites or other internationally important sites.

• (b) species and habitats of national importance:

• (i) protected species of national importance or their habitats;
• (ii) proposed or designated National Nature Reserves, or Areas of Special Scientific Interest; or
• (iii) Marine Nature Reserves; or
• (iv) National Trust Land.

• (c) species and habitats of local importance such as Wildlife Sites, local nature reserves, priority habitats or species identified in any Manx Biodiversity Action Plan which do not already benefit from statutory protection, Areas of Special Protection and Bird Sanctuaries and landscape features of importance to wild flora and fauna by reason of their continuous nature or function as a corridor between habitats. Some areas to which this policy applies are identified as Areas of Ecological Importance or Interest on extant Local or Area Plans, but others, whose importance was not evident at the time of the adoption of the relevant Local or Area Plan, are not, particularly where that plan has been in place for many years. In these circumstances, the Department will seek site specific advice from the Department of Agriculture, Fisheries and Forestry if development proposals are brought forward."

3.10 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:

• (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10;
• (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and
• (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14."

3.11 Housing Policy 5 states: "In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more." - 3.12 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."

3.13 Recreation Policy 3 states: "Where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan." - 3.14 Transport Policy 1 states: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes." - 3.15 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and

• pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
• 3.16 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."
• 3.17 Energy Policy 5 states: "The Department will prepare a Planning Policy Statement on Energy Efficiency. Pending the preparation and adoption of that PPS the Department will require proposals for more than 5 dwellings or 100 square metres of other development to be accompanied by an Energy Impact Assessment."
• 3.18 Spatial Policy 2 states: "Outside Douglas development will be concentrated on the following Service Centres to provide regeneration and choice of location for housing, employment and services o Ramsey o Peel o Port Erin o Castletown o Onchan Area Plans will define the development boundaries of such centres so as to provide a range of housing and employment opportunities at a scale appropriate to the settlement."
• 3.19 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."
• 3.20 Residential Design Guide - July 2021 is of relevance in respect of considerations such as design and the potential for overlooking and protection of the residential amenities of existing residents and future occupants of the development.
• 3.21 Manual for Manx Roads 2021 - The Manual for Manx Roads (MfMR) is published by the Department of Infrastructure. The aims are:

• o "to ensure the highway network enhances accessibility to goods and services and encourage a diversity of transport modes
• o to ensure the highway network provides for safe interactions between transport modes; and
• o to maintain a safe, inclusive and serviceable highway network"

3.22 Policy R/R/P2/C of the Ramsey Local Plan - Mooragh Promenade "Dwellings should be of a high standard, and should be designed to acknowledge the architectural style, scale and massing of the adjacent Victorian buildings, particularly on sites which face the Promenade and the Harbourside. Heights of dwellings should be stepped down from the Promenade to the Harbourside and Old River Road and design and scale should be appropriate to a Harbourside location. On the Peveril plot and the Manor House site, there could be included office use with on-site parking space and open space provision; these particular development should be undertaken after consultation with the Department of Agriculture, Fisheries and Forestry (DAFF) and should include appropriate measures to identify and transplant rare plants." - 3.23 Active Travel Strategy 2018 - 2021 - The Isle of Man Active Travel Investment Plan (ATIP) looks at the potential for providing infrastructure and behaviour change measures as a way to encourage more cycling, walking and other methods of active travel. It also aims to provide the evidence and rationale for how money is best spent to achieve the aims. One of the key objectives in the Isle of Man's Programme for Government is to increase the number of people who choose active travel (i.e. walking and cycling) for the purpose of making every day journeys.

4.0 PLANNING HISTORY - 4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.

5.0 REPRESENTATIONS All comments received can be viewed in full on the Planning Departments website. The below comments related to the final comments received following the amendment submission; - 5.1 Ramsey Commissioners have no objection commenting (28.04.2025); "The Board of Ramsey Town Commissioners have no objection to the planning application as it is and welcomed the addition of the apartments within the Town. The Developer has taken on board comments submitted by other interested parties however, the Board wish to submit an observation with regard to the parking provisions within the lower ground floor of the complex.

RAMSEY TOWN COMMISSIONERS PLANNING APPLICATION COMMENT FORM The Isle of Man Strategic Plan 2016 Appendix 7, A.7.6 quite clearly sets out the standards required for any new developments, and the circumstances around where these maybe relaxed. The proposed location is not classed as Town Centre although it is within a 10-minute walk across the Swing Bridge when it is not in action and 15-20 minutes via North Shore Road.

The proposed building is situated within an area that already boasts multiple apartment blocks, some of which have underground parking others do not, forcing residents to park their vehicles on both sides of the Promenade carriageway. The carriageway is separated by a central reservation, but they are wide enough to accommodate parking and free flowing traffic. Traffic flow can be impeded when deliveries are required due to the parked vehicles. In some circumstances, vehicles will mount the pavement to get to their desired location giving raise to safety concerns for pedestrians. If you work out the parking as per the Strategic Plan, then the development would require 22 spaces. At present it supplies 13 parking spaces for the 12

• apartments as well as bicycle storage. As the development is situated in the middle of other apartment blocks the additional requirement for parking will spill out on to the Promenade displacing vehicles from the other apartment blocks in the immediate vicinity.

In the Design and Access Statement the Developer references the contemporary and modern approach whilst avoiding Victorian pastiche, the sustainability, renewals and efficient use of energy which is great, but when it comes to parking requirements and the relaxation of them, there is but one sentence '7.09 In terms of reduction of car travel to essential facilities by having them within a reasonable walking distance the site fares well and may be considered to be in excess of "good practice'. There has been a downward spiral in the availability of office space within the Town with quite a few spaces being converted to residential properties. There is nothing in the design and access statement to quantify or qualify the reduction in need for parking, what is deemed within a reasonable walking distance or the available bus stops."

5.2 Highway Services have no objection to the application (07.04.2025) making the following comments: "Highway Services have reviewed the updated information provided for application 24/91268/B dated 25 Mar 2025 and HDC continue to not oppose (DNOC) the application subject to the following conditions:

• o the lower ground floor ramp being no more than 1:10 gradient (highway safety and accessibility),
• o details of bin storage management and how this will be taken up the ramp be provided (i.e. agreed with waste management authority for bin access safety), and
• o details of secure cycle parking storage facilities (for residential amenity and sustainability)."

5.3 Ecosystem Policy Officer (DEFA) comments (17.04.2025); "General Stance No objection subject to condition Detailed comments

• o The applicant has now provided information showing a new green roof, rear garden space and bird boxes on the northern and western elevations, in order to alleviate our concerns regarding loss of nesting, feeding and roosting space for birds. We are content with the general locations of these features, as well as the amount of landscaped space and boxes. No detailed specifications have yet been provided. However, we would be content for these details to be secured via planning conditions, requested below. In regards to the bird boxes, we request that integrated bird bricks suitable for swift are utilised, as these will not need replacement and they are of a type that can be used by both swifts and house sparrows.
• o The applicant has not provided any additional information regarding measures for the protection of Ramsey Mooragh Shore ASSI and Ramsey Bay MNR, but has indicated that they would accept a condition requiring details of protective measures to be taken during constriction as a condition on approval.

• Potential conditions
• o Should this application be approved we recommend that conditions are secured for:
• o No works to commence unless a details of the avoidance and mitigation measures that will be put in place during construction and operation to prevent damage to Ramsey Bay Marine Nature Reserve and Ramsey Mooragh Shore Area of Special Scientific Interest from pollution and runoff, has been provided to Planning and approved in writing
• o No works to commence unless a detailed soft landscaping plan, including specifications for the green roof, has been provided to Planning and approved in writing.
• o No works to commence unless a bird brick plan has been provided to planning and approved in writing.
• o No works to commence unless a plan detailing the measures that are to be put in place to prevent bird strikes on the clear glass balustrades, is submitted to Planning and approved in writing. Measures could include use of etching, ultraviolet coatings or decals. Reason - to avoid and mitigate ecological impacts."

5.4 Flood Risk Management (DOI) do not object and make the following comment (27.03.2025): "The proposed building is within a flood zone and we would recommend that any services in the lower ground floor are raised above potential flood heights"

• 5.4.1 Flood Risk Management (DOI) reversed their initial comments and now objected to the application (12.05.2025); "Flood Risk Management cannot support a proposal to build on a Brown Field site within a tidal flood zone." and "If the PA is permitted FRM would suggest that the following conditions are applied: Flood resilient precautions should be implemented. Electrics should be fed from above flood level (including EV charging points)"

5.5 Highway Services Drainage (DOI) comment (08.05.2025); "Manx Utilities appear to be satisfied with the drainage proposals and would adopt sections of it providing the surface water pipe sizes are increase to adoptable standards and it avoids their existing pumping station on Old River Road. The amended drainage drawing GMR01/100 P02 still shows the surface water pipe sizes in the highway as 150mm dia. We recommended that the Applicant obtain permission from Isle of Man Harbours to install the outfall pipe and headwall within the Harbour boundary. As we have not been party to these discussions, can you please confirm that permission has been granted?" - 5.6 Manx Utilities Drainage comment (10.01.2025): "In principle MU have no issues with the new outfall, however if you could address the below;

• 1) Do you wish for this outfall to be adopted by MU? If so, we will require additional information post planning regarding the proposals and the diameter must be225mm minimum.
• 2) The location of the outfall is where MU have a pump station so you will need to alter the location to avoid the PS wet well chambers.
• 3) Have you obtained permission from the land owner (whoever the land belongs to Ramsey commissioners or DOI) as you will require permission to cross the land to get to the river."

5.7 IOM Harbours (DOI) have confirmed they have no objection to the proposed surface water outfall draining into the harbour (08.05.2025). - 5.8 It should also be noted that Highway Services have indicated that they have no objection to works to the public highway for the outfall (17.01.2025). - 5.9 Public Estates and Housing Division comment (08.05.2024); "We refer to the aforementioned application, and we can confirm that we have looked at the detail of the application and have held discussions with the applicant. As the Department responsible for (i) the provision and maintenance of public sector homes for rent in its ownership, and also (ii) for the management and supervision of the Shared Equity Purchase Assistance Schemes for first time buyer housing, collectively known as Affordable Housing, the DOI assesses all planning applications submitted which include eight or more dwellings.

The Department has considered the provision of a 25% affordable housing requirement in respect of this application. Current data drawn from Housing Division records for Ramsey and

the north of the Island indicates that there are 105 persons on the general public sector waiting list for affordable housing to rent.

The greater proportion of those on the waiting list are seeking houses rather than apartments.

There are 35 persons on the Department's First-time Buyers Register seeking to purchase a first home in Ramsey and the north of the Island. Of this number, 30 are on the Active Buyer List intending to purchase a home within the next 12-24 months. This figure is not indicative of likely final purchases as the ability to progress to completion would depend upon personal circumstances and mortgage availability at point of allocation.

Until August 2022, the Department had not accepted any apartments for first time buyers for a number of years, as the additional financial burden of ground leases, service charges and sinking funds impacting upon first-time buyers, at a time when these buyers could least afford to pay these costs, was seen as an additional unwarranted cost burden.

Since August 2022, the Department has indicated that 2B apartments in new developments will be accepted if the units are compliant and that there is proven need.

There are twelve apartments proposed in this application; Housing Policy 5 of the Isle of Man Strategic Plan 2016 states that 'the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more'.

Accordingly, in this application, the number of Affordable Homes will be 3, being 25% of 12 dwellings. None of the apartments proposed in this planning submission, with the exception of two 1Bed apartments, (which are not accepted for first time buyer purchase), comply with the criteria for the Department's Shared Equity Purchase Assistance Scheme 2014 (as amended August 2022) as all of the 2B units shown are, in terms of floor area, greatly in excess of the Department's Design Guide for Affordable Housing Standards. The Design Guide Appendix C Type B stipulates that the gross internal floor area for a 2Bed affordable apartment should be between 63m2 and 66m2 depending upon floor level. The 2B apartments in this schematic layout are more than 82m2 floor area.

The apartments' design and size characteristics effectively bring the Department to the point at which it has to consider the options open to the Planning Committee in respect of the provision of affordable housing on the site.

It would be impossible to select any apartments in this proposed building for use of affordable housing for the foregoing reason. The Department could not accept apartments of 82m2 gross internal floor area.

This means that the option open to the Committee in this instance is the agreement to a Commuted Sum in lieu of Affordable Housing, provided through a Section 13 Planning Agreement. The quantum of the Commuted Sum has yet to be agreed with the applicant, but the Department's estimate of the sum for each affordable apartment is calculated by comparing the difference in selling price between the average open market value per square metre of a new or nearly new apartment in this area, and an affordable 2Bed apartment as specified in the DOI Design Guide - Affordable Housing Standards. The difference in selling price per square metre is multiplied by the prescribed 63m2 floor area affordable 2Bed apartment to arrive at the Commuted Sum per affordable dwelling. The Department's advice is that the Commuted Sum in lieu of each affordable apartment is £13,525, resulting in a total Sum payable of £40,575. We have the supporting comparable spreadsheet for perusal if required.

Thank you for giving us the opportunity to comment upon this application."

5.10 The owner/occupier of Flat 19/20, Isle of Alanis, Mooragh Promenade, Ramsey objects to the application on the following grounds;

11.04.2025 (amended plans);

"I've had a look at this and I can't really see any amendments that directly affect us other than the balconies being changed so our privacy won't be affected. And also the diagrams showing how much light we'll lose at various times of year."

14.01.2025 (initial scheme) "We live in the top floor flat at the back of the Isle of Alanis and are deeply concerned about the size and scale of the property proposed and how it will affect our property. Our living room overlooks the garden with two windows. Due to the height of the building we will be looking out at walls and a large percentage of our natural light will be gone. When the offer was made by the developer he promised we would preserve the outlook we all enjoy. The apartments were only supposed to be up to a maximum of 4 storeys high.

Our privacy will also be affected as occupiers will be able to see into our windows from the back balconies."

5.11 The owner/occupier of Flat 15, Isle of Alanis, Mooragh Promenade, Ramsey objects to the application on the following grounds;

29.11.2024 (initial scheme) "We own an apartment in the Isle of Alanis and oppose the building of 12 apartments on the garden of which all the apartment owners have a percentage in.

This is not just a piece of land this is a garden for all apartments' owners to use. The loss of this garden would have a large impact on our quality of life. It would also create:-

• 1 More traffic in the area
• 2 Loss of light in apartments
• 3 Loss of privacy.
• 4 Also the building would not be in keeping of all the other apartments in the area."

- 6.0 ASSESSMENT

6.1 Given the land-use designation and the type of development the following elements are relevant to consideration in the determination of this application;

• o PRINCIPLE OF DEVELOPMENT;
• o THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA;
• o POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES;
• o POTENTIAL IMPACT UPON HIGHWAY SAFETY;
• o FLOOD/DRAINAGE IMPACTS;
• o AFFORDABLE HOUSING PROVISION;
• o PUBLIC OPEN SPACE PROVISION;
• o ENERGY EFFICIENCY/CLIMATE CHANGE; AND
• o ECOLOGY MATTERS.
• o FLOOD MATTERS

6.2 PRINCIPLE OF DEVELOPMENT (Ramsey Local Plan, Spatial Policy 2, Housing Policy 4 and Strategic Policy 1)

• 6.2.1 The first issues relates to this application is the principle of residential development on this site. As outlined within the planning policy section of this report, the site is proposed for residential/office use and therefore the proposal for residential development is considered acceptable.
• 6.2.2 More recently an update to the Isle of Man Strategic Plan 2016 has been undertaken and adopted, which identified that a total of 770 new dwellings is required to be provided between the years of 2011 to 2026 in the north of the Island alone. A total of 5,100 dwellings in required over this same period throughout the Island. Given Ramsey is regarded as the main Service Centre in the north of the Island, it is reasonable to consider the majority of these

• dwellings are likely to be provided in Ramsey, especially given designated residential land is still available under the Ramsey Local Plan which was adopted in 1998.
• 6.2.3 The loss of the garden of the occupants of Isle of Alanis is considered to be unfortunate; albeit it is understood that the owner have a shared ownership of the garden/application site. It is unusual for apartments to have a shared garden and while it is arguably a loss to the residential amenities of Isle of Alanis apartment block; it is noted that generally the Department approves apartment's blocks which have no garden provision. Accordingly; given this approach, it could be argued to be unreasonable to refusal the principle of the loss of garden application on this ground. The site is immediately opposite the Mooragh Promenade, beach and a few minutes' walk of Mooragh Park and therefore it is arguably one of the most serviced sites for public amenities on the Island. It is noted the garden is also a shared space with the other residents and not a private garden. Furthermore, it is noted that Strategic Policy 1 seeks to "make the best use of resources" namely "…unused and under-used land and buildings…" and being "located so as to utilise existing and planned infrastructure, facilities and services".
• 6.2.4 Accordingly, given the above reasons it is consider the principle of developing the site for residential is acceptable complying with the Ramsey Local Plan, Spatial Policy 2, Housing Policy 4 and Strategic Policy 1. This is not an automatic reason to allow the development as further material planning matters as indicated previously need to be considered, to determine if the apartment building on the site is appropriate.

6.3 THE POTENTIAL IMPACT UPON THE VISUAL AMENITIES OF THE AREA (General Policy

2, Environment Policy 42, Residential Design Guide and Policy R/R/P2/C)

• 6.3.1 General Policy 2 paragraph (b) states that the design should respect the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them. This further Policy R/R/P2/C of the Ramsey Local Plan - Mooragh Promenade indicates that; "Dwellings should be of a high standard, and should be designed to acknowledge the architectural style, scale and massing of the adjacent Victorian buildings, particularly on sites which face the Promenade and the Harbourside.
• 6.3.2 The site from public views would be apparent when travelling along Mooragh Promenade. From the northern and southern viewpoints the views would be more distance and angled views and would appear as the built form which makes up the Victorian terraces along this area of Mooragh Promenade. The building would be most publicly viewable when stood immediately to the east of the site where it would be read in full and more as a detached building, given the gaps to either side being retained. This is not unique situation as the building Isle of Alanis is a detached building.
• 6.3.3 Notwithstanding this; the design, proportion, scale, form and finish of the apartment building are appropriate for this area of Mooragh Promenade. The proposed building height, form, finishes and vertically proportions created by the glazing proportions and positions, balcony designs and overall design are all contemporary approaches, but give a clear signal to the Victorian Terraces which this would sit between.
• 6.3.4 The existing site does appear as a gap site within this section of Mooragh Promenade and arguably, while the loss of the garden can generally be seen as a concern, in this case in terms of the visual appearance of this area of Mooragh Promenade it is considered to be beneficial and "finish" this section of built form to this area. On this point the applicants comment; "While the provision of Open Space can be difficult on site and as the site is immediately adjacent to Mooragh Park, playing fields and Mooragh Promenade and the beach; it is not considered that provision on site is required. Furthermore each apartment is provided with external terraces or balconies."
• 6.3.5 Accordingly, whilst there will be an impact to the visual amenities of the area over the current situation, the impact to public views would not be significant and it is considered the proposals would be acceptable and comply with General Policy 2, Environment Policy 42, Residential Design Guide and Policy R/R/P2/C.

6.4 POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES (General Policy 2 and Residential Design Guide)

• 6.4.1 The third issue relates to the potential impact of the development upon the residential amenities of neighbouring properties. Given the size of the site and number of dwellings, all properties; namely individual apartments, adjacent to the site will be impacted by the development. Any development would have an impact; the issue to consider is whether the proposed development would have significant impacts upon the amenities of the neighbouring properties. Generally the main issue relate to overlooking resulting in a loss of privacy, overbearing impact upon outlooks and/or loss of light.
• 6.4.2 In this case the properties (apartments) most likely to be affected would be those within the two neighbouring properties of Isle of Alanis and Burnville Court. Isle of Alanis
• 6.4.3 In relation to this property, two objections have been received. Isle of Alanis is a large traditional six storey detached building (facing Mooragh Promenade), which also includes a rear five storey outrigger. The property was converted into approximately 21 apartments a number of years ago.
• 6.4.4 The apartments most likely to be affected by the proposal are these contained within the rear five storey outrigger which have windows directly facing over the application site. The rear five storey outrigger appears to accommodate one apartment per floor and therefore a total of five apartments potentially affected by this development. The two objections received are owners/residents of two of the five apartments contained within the rear outrigger and are located at the top two floors. Visiting these two apartments, both had a similar room layout, including a total of three windows which face in a southerly direction towards the site. Two of the windows serve a primary habitable room (lounge) and the third window serves a habitable room (kitchen).
• 6.4.5 Visiting these two properties, there was initial concern of the proposing having an overbearing impact upon the outlooks and also the potential of loss of light (from information submitted initially) to the apartments within the rear outrigger. This concern was raised with the applicants, who amended the proposal; namely, changes relates to the rear elevation where the north-western and south-western corners of the proposed building have been setback to help reduce the potential impacts upon neighbouring properties. Furthermore, the lower ground floor level has also been reduced in size to again mitigate the potential impacts. Added to this the applications have provided sectional drawings and sun light assessment (including a number of shadow plans) which demonstrates the potential loss of light to the all the apartments within the rear outrigger, throughout certain points in the year and times of the day.
• 6.4.6 The applicant submission explains that using BRE guidance that the periods chosen are the equinox (21 March) which is confirmed as the best date for which to prepare shadow plots as it gives an average level of shadowing. Lengths of shadows at the autumn equinox (September 21) will be the same as those for March 21, so a separate set of plots for September is not require. Further the plots for summertime (for example 21 June) have been completed as they show the reduced shadowing then, although it should be observed that June 21 represents the best case of minimum shadow, and that shadows for the rest of the year will be longer. Conversely if winter shadows (for example December 21) are plotted, even low buildings will cast long shadows. In a built up area like this site, it is common for large areas of the ground or elevation to be in shadow in December which can be seen in the models.
• 6.4.7 The applicant's statement also indicates that; "…Whilst analysing the impact of the proposed building on the existing apartments it confirms that there is only a small loss of direct sunlight in the summer months, but is clearly within the BRE guidelines of acceptability. For interiors, access to sunlight can be quantified. BS EN 17037[1] recommends that a space should receive a minimum of 1.5 hours of direct sunlight on a selected date between 1 February and 21 March with cloudless conditions. It is suggested that 21 March (equinox) be used. The medium level of recommendation is three hours and the high level of recommendation four hours. For dwellings, at least one habitable room, preferably a main living room, should meet at least the minimum criterion. From the studies undertaken the 5 apartments in the Isle of Alanis annex surpass these requirements with all apartments

obtaining over a minimum of 6 hours of Direct Sun Light and the higher apartments up to nearly 8 hours.

The windows on the adjacent buildings also pass the 45-degree light rule and also the 50-50 rule for the right to light.

The shadow path analysis produced shows the most significant effects on the ground level, and obviously the windows further up the building are less effected…"

• 6.4.8 Furthermore, the applicants summarise the findings of the submitted shadow plans stating: "…Please see Direct Sun Path Diagrams confirming the loss of direct sun light to the existing

apartments at the rear annex of Isle of Alanis Apartments from the proposed building for the months specified in your email below. Below is the amount of time that there is no direct sunlight to the room caused by the proposed new building into either window of the habitable living room:

For June MP-SPA-07 please note the following: 3rd Floor Apartment - No Loss of Direct Sun Light to room 2nd Floor Apartment - Approximately 30 minutes Loss of Direct Sun Light to room 1st Floor Apartment - Approximately 60 minutes Loss of Direct Sun Light to room Ground Floor Apartment - Approximately 100 minutes Loss of Direct Sun Light to room Lower Ground Floor Apartment - Approximately 110 minutes Loss of Direct Sun Light to room

For December MP-SPA-08 please note the following: 3rd Floor Apartment - Approximately 10 minutes Loss of Direct Sun Light to room 2nd Floor Apartment - No Loss of Direct Sun Light to room 1st Floor Apartment - No Loss of Direct Sun Light to room Ground Floor Apartment - No Loss of Direct Sun Light to room Lower Ground Floor Apartment - No Loss of Direct Sun Light to room

For March / September MP-SPA-09 please note the following: 3rd Floor Apartment - Approximately 45 minutes Loss of Direct Sun Light to room 2nd Floor Apartment - Approximately 70 minutes Loss of Direct Sun Light to room 1st Floor Apartment - Approximately 145 minutes Loss of Direct Sun Light to room Ground Floor Apartment - Approximately 145 minutes Loss of Direct Sun Light to room Lower Ground Floor Apartment - Approximately 145 minutes Loss of Direct Sun Light to room"

• 6.4.9 From the information submitted, it is clear the proposal will have an impact. Namely, the apartments at the lower ground level being impacted the most, with the impact gradually reducing to the fifth floor apartment. The amount of direct sun lost is approximately 145mins during the periods of March and September during morning periods from 09.20hrs. The two apartments at the second floor and third floor who have raised concerns would result in a reduction in direct sunlight of 45mins (3rd Floor Apartment) and 70mins (2nd Floor Apartment) during these periods.
• 6.4.10 However, from the evidence provided and with the amended plans which reduce the mass of the development closest to these windows; it is considered there would still be a sufficient level of direct light to the apartments within Isle of Alanis retained throughout the day and therefore it is considered while there is an impact, it is not so significant to warrant a refusal in relation to loss of light.
• 6.4.11 In terms of overbearing impacts upon outlook it needs to be highlighted that this is not the same as a loss of a view, which is not a material planning matter. Overbearing impacts upon outlook/s relates to whether a development would dominate or overwhelm an adjacent property to an unreasonable degree. The amended submission does reduce the mass of the rear corner section of the development and the potential impact upon the outlook from the apartments within Isle of Alanis. The proposal will clearly increase the overbearing nature than what current existing today (open garden). For example when looking out of the windows of

• these apartment, the currently outlook in an easterly direction is over the garden area and beyond to seaward views. This would be replaced with the northern/western elevations of the proposed development, which will therefore change the outlook significantly, being mainly built form being apparent instead. However, while there is an impact, it is noted that the layout (certainly of the upper two apartments) of the main habitable room (living room) within the neighbouring apartments do benefit from two windows and also still would have a clear and pleasant outlook in a south and south-westerly direction towards Ramsey harbour and beyond to North Barrule. Accordingly, it is considered the proposal would be acceptable in relation to overbearing impacts upon outlook/s; albeit it is acknowledged that the development will increase the overbearing impact upon the outlook for these apartments within the rear outrigger of Isle of Alanis.
• 6.4.12 In relation to potential overlooking, this is potentially most likely for the rear balconies. However, the side elevations of these balconies with face towards Isle of Alanis is a solid wall or at top floor level a wall height which would prevent overlooking. Furthermore, each apartment would have a rear bathroom window, which would be approximately 6m from the closes window of the neighbouring apartments. However, the windows are small in size, serve a non-habitable room, proposed to be obscure glazed (should be conditioned) and also do not have direct views towards the neighbouring windows. Accordingly, whilst there will be an increase level of potential overlooking over the existing situation, it is not considered the level of overlooking would be so significant to warrant a refusal on this ground. Burnville Court
• 6.4.13 This property is a traditional end terraced property which is six storeys in height (facing Mooragh Promenade), which also includes a rear three storey outrigger. The property was converted into apartments a number of years ago.

• 6.14.14 There have been no objections received from any owners/occupants of the apartments within this property. There are a number of windows which (northern gable end and rear outrigger of property) face towards the application site. From viewing estate agent sale details (online) of a number of apartments within this building; including estate agent layout plans, it would appear there are apartments within this building which have their main outlook to the front of the building (east) towards the sea. These apartment would be not be affected by the proposed development. There are however a number of apartments which appear to have windows within the northern gable end of the building and within the rear outrigger and these properties would be impacted by the development, namely potential overbearing impacts upon their outlooks. The windows which face the site appear to be living room windows or bedrooms. Due to this the main concern is whether there would be significant impact upon the primary habitable rooms (i.e. living rooms). Viewing the estate agents details/photos/layouts it would appear that the majority of the apartments which have their living room windows facing the site also have windows to the rear (and/or other side of outrigger). Accordingly, it could be argued that these rooms have other windows providing outlook and light and the windows affected are not the primary windows and therefore the impacts could be considered to be acceptable.
• 6.14.15 It should also be noted that the proposed building is set 6 metres to the north of Burnville Court. Furthermore, given the suns orientation (east to west) and the proposed building being to the north of Burnville Court, it is not considered the proposal would result in a significant impact upon loss of light. Furthermore, the design of the proposal and orientation of the building in relation to Burnville Court (and window positions) it is not considered there would be any significant level of overlooking from the rear balconies/windows.
• 6.14.16 Overall, it is considered the matter of impact upon neighbouring amenities is finely balanced in this case. Without question the proposal will have an impact to any neighbouring apartment which has window/s facing towards the application site, given the mass, scale and siting of the proposed apartment development. Some apartments will be impacted more than others, depending on the type of rooms the windows serve and what floor level the apartment is located on. However, it is considered while there are impacts upon residential amenities, it is considered with the evidence before the Department, the amended scheme and for the

reasons outlined within this report, the impacts are not so significant to warrant a refusal; albeit this is a finely balanced.

6.5 POTENTIAL IMPACT UPON HIGHWAY SAFETY/PARKING PROVISION (Strategic Policy

• 10, General Policy 2, Transport Policy 1, 4 & 7, Manual for Manx Roads 2021 and Active Travel Strategy 2018 - 2021)

• 6.5.1 In relation to the access for the new development (reuses an existing access) Highway Services have raised no objection and considered it to be safe and appropriate for both the users of the apartments and all users of the public highway.
• 6.5.2 In terms of parking provision, the parking standards as provided in the Strategic Plan require one parking space for one bedroomed apartments and two parking spaces for two or more bedroomed apartments.
• 6.5.3 This development proposes a total of 12 apartments which are all two bedroomed. The submission proposals a total of 13 car parking spaces within the site. Using the parking standards outlined above, this would generally require a total of 24 car parking spaces. Accordingly, there is a shortfall of 11 parking spaces. As mentioned 13 parking spaces are proposed; however, of these two of the spaces are layout as tandem spaces and therefore realistically could only be used by individual apartment. However, all other apartments should have access to at least a single parking space. A condition should be attached to any approval to ensure this. The proposal also includes 12 secure cycle parking spaces within the lower ground floor level.
• 6.5.4 On this matter of the shortfall of parking spaces Strategic Policy 10 seeks new development to be designed to promote (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement.
• 6.5.5 The Commissioners have rightly asked the question is there any guidance on acceptable distances for person/s to walk to services. While the application has not submitted any information in this regard, the Department has acceptable guidance (been accepted by Appeal Inspectors/Minister also) from various applications which quote manual for Manx Roads, Active Travel Strategy and UK guidance from Department for Transport (DfT), which helpfully give advice on acceptable distances certain developments should be to services/public transport links to increase the likelihood of persons using more sustainable/active methods of travel (walk/cycle), rather than car travel.
• 6.5.6 For example the DfT indicates that a walkable distance from a residential property to a town centre is generally 800m (10mins walk / 0.5miles) which is regarded as a comfortable distance to walk, albeit it indicates this isn't a upper limit and that a distance under 2km (1.2miles) has the greatest potential to replace short car trips. The IOM Active Travel Strategy also identifies a 2.5 miles (4km) threshold where the working population can realistically switch from motorised transport to active travel modes. Within the Manual for Manx Roads, it outlines that cycle facilities/infrastructure should follow the guidance of the Local Transport Note 1/20: Cycle infrastructure design. This indicates that; "Two out of every three personal trips are less than five miles in length - an achievable distance to cycle for most people.", and therefore cycling distances for journeys of at least 5 miles (circa 8km) is not uncommon.

• 6.6.7 With this guidance in mind, the site is within a few minutes' walk (500m - approx. 7mins walk) of Parliament Street (shops & services) and within walking distance of Ramsey Bus Station (800m - approx. 11mins walk) which given public transport links through the Island. Furthermore, there are bus stops located along Mooragh Promenade, Swimming Pool (240m approx. 3mins walk), North Shore Road (230m - approx. 3mins walk) and along Bowring Road (550m - approx. 7mins walk). Accordingly, the site would appear to comply with the guidance in terms of sustainable distances to services and public transport links. The site also has immediately access to Public Open space with Mooragh Promenade, the beach and Mooragh Park. Accordingly, while there is a shortfall, it is considered an at least a single space be attached to each apartment would be acceptable, given the sites sustainable location.
• 6.6.8 Further there is no objection to the shortfall in parking from Highway Services.
• 6.6.9 Overall, it is considered the proposal from a highway safety and parking provision perspective would be acceptable and comply with Strategic Policy 10 , General Policy 2,

Transport Policy 1, 4 & 7, Manual for Manx Roads 2021 and Active Travel Strategy 2018 2021.

6.7 FLOOD/DRAINAGE (General Policy 2 and Environment Policy 13)

6.7.1 Consultation and discussion has been had with Manx Utilities, Flood Risk Management, Highway Services, Highway Servicers Drainage and IOM Harbours who have all considered the amended scheme and additional information and are all now content with the proposal subject to their own legislation which the applicants will need to undertake to complete the works and ensure the site is adequately drained. These matters fall outside the planning remint and covered by other Departments Legislation. Building Control will also consider the drainage of the development in further details. However, the Department is comfortable that the site can be adequately drainage. There are also no flood concerns with the development and an informative note be attached as suggested by the Flood Risk Management.

6.8 AFFORDABLE HOUSING PROVISION - (Housing Policy 5)

6.8.1 Housing Policy 5 of the Strategic Plan indicates that the Planning Authority will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more. Given submission proposed 12 dwellings this equates to 3 affordable dwellings. A Section 13 Legal Agreement would need to be entered into by the applicant and the Department (and DOI) to ensure the affordable housing is provided.

• 6.8.2 The applicants, Public Estates & Housing Division and the Department have been in discussion and it is accepted that a Commuted Sum in lieu of Affordable Housing of £40,575 be payable for the reasons outlined in Public Estates & Housing Division representation. This is acceptable to the Public Estates & Housing Division. The proposal therefore complies with Housing Policy 5.

6.9 PUBLIC OPEN SPACE PROVISION - (Recreation Policy 3 & 4)

• 6.9.1 The application provides no Public Open Space (POS), formal, amenity and children's play space within the site. This is not a unique situation for developments of this type within existing settlements on the Island. The breakdown in terms of the different types of POS is as follows: 432sqm of formal open space, 144sqm of children's play space and 192sqm of amenity space which equates to a total of 768sqm or 0.07 hectares. For context the size of the application site is approximately 647sqm (hectares 0.06) in area and therefore the POS provision is almost the size of the total area of the actual site. As with similar apartment developments within settlements throughout the Island, the principle of a commuted sum in lieu of POS is considered appropriate in this case. It is noted that the site is immediately opposite an area of POS, within walking distance of children's play equipment at Mooragh Park and beach and Promenade is opposite of the site.

• 6.9.2 The applicants and the Local Authority have agreed a commuted sum payment of £7149.00 in lieu of POS. It is considered this is appropriate.
• 6.10 ENERGY EFFICIENCY/CLIMATE CHANGE - (Energy Policy 5 & Climate Change Act) 6.10.1 An Energy Statement is within the applicants Design Statement and states; "It is intended that the proposed apartment building be designed and constructed to incorporate a range of energy efficient improvements in order to improve base line energy and carbon performance beyond current Building Regulations standards, including reduced façade air permeability and improved thermal efficiency of building materials."

• 6.10.2 And "Below is a summary of some of the Energy initiatives we will be using:

• o High levels of Insulation above Building Regulations
• o Installation of high-performance windows
• o Airtight Building Fabric
• o EV charging points
• o Air Source Heat Pump
• o PV panels
• o Underfloor Heating

• o Materials sourced locally
• o Local tradesmen to be used
• o LED lighting
• o Rainwater harvesting
• o Environmentally friendly materials and paint."

• 6.10.3 The new block will provide a total 12 new apartments within a sustainable location. While a Building Regulations application will consider these matters in more detail, the Department is comfortable that the scheme complies with Energy Policy 5 and the Climate Change Act, albeit the latter is not yet in force.

6.11 ECOLOGY MATTERS (General Policy 2 & Environment Policy 4)

• 6.11.1 As outlined by the Ecopolicy systems officer, the applicants have indicated a new green roof, rear garden space and bird boxes on the northern and western elevations to overcome the loss of the existing lawned garden and boundary hedgerows. The officer has confirmed that the proposed mitigations (to be conditioned) overcome their initial concerns. They have also sought additional information for protection measures for the protection of Ramsey Mooragh Shore ASSI and Ramsey Bay MNR, again these could be conditioned, although there is other legislation within DEFA which covers this for example Wildlife Act and Water Pollution Act 1993 and therefore a condition may not be required.

6.11.2 Accordingly, with appropriate conditions (landscaping, bird boxes, and measures to prevent bird strikes) it is considered the proposal would be acceptable from an ecology standpoint. 6.12 FLOOD MATTERS (Environment Policy 13) 6.12.1 Part of the submission includes a Flood Risk Assessment which identifies the site as being within a "High Flood Risk - Tidal". The statement indicates that the most effective method of protection the proposed development during flood events is to ensure a minimum 0f 0.6m above the flood level. The upper ground floor level of the apartments would be 0.9m above the flood level.

• 6.12.2 The Flood Management Division have not objected to the information contained within this Flood Risk Statement; and only appear to be objecting purely to the principle of building on "brownfield" land which there policy does not support. There is no technical evidence put forward. Furthermore, the site, which is considered to be an infill between existing built form within the settlement of Ramsey. If this approach was adopted it may well make the redevelopment of brownfield urban sites, which are otherwise sustainable, problematic.

• 6.12.3 Further the required planning policy Environment Policy 13 indicates that Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted. No evidence has been provided which indicates that the proposed development would have an unacceptable risk from flooding, either on or off-site, within the context of the current planning policy framework.
• 7.0 SECTION 13 LEGAL AGREEMENTS (General Policy 4, Housing Policy 5 and Recreation Policy 4)

• 7.0.1 The applicants and Local Authority and Public Estates and Housing (DOI) have agreed that a commuted sum payment of £40,575 in lieu of Affordable Housing and a commuted sum payment of £7149.00 in lieu of Public Open Space is to be provided.
• 8.0 CONCLUSION

• 8.0.1 Overall, it is considered the proposal would be developing a site which is designated for residential development currently. The proposed development in terms of scale, scale, proportion, finish and overall design would sit comfortably within the site and would be a positive visual impact upon the visual amenities of the street scene/area and with neighbouring buildings which all form part of the Mooragh Promenade.

• 8.0.2 The proposal would provide an additional supply of housing within a sustainable location, given its closeness and good pedestrian to Ramsey town centre and would meeting the overarching aims of the IOM Strategic Plan i.e. "Towards a Sustainable Island" and identified near the top of the settlement hierarchy.

8.3 In relation to highway safety there are no concerns raised and it is considered the level of parking provision is appropriate for the level of development and its location within Ramsey to shops, services and public transport links. - 8.4 The proposal would have impacts upon neighbouring amenities and while it is consider the impacts are not so significant to warrant a refusal; it is considered this element of the proposal is finely balanced. - 8.5 Finally, there are no adverse impacts to protect species on this site and appropriate conditions in place to ensure ecology mitigation on the site is provided and would result in an energy efficient development. - 8.6 In conclusion, the proposal would comply with; Strategic Policy 1, 2, 3, 4 5, 10 & 11, Spatial Policy 2 & 5, General Policy 2, Environment Policy 4, 7, 42 & 43, Housing Policy 1, 4, &

• 5, Recreation Policy 3 & 4, Transport Policy 1, 4, 6, 7 & 8 and Energy Policy 5 of the IOM Strategic Plan 2016, Area Plan for the South and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons given and subject to the Section 13 Legal Agreement been signed and the conditions listed.

- 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

9.5 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 the Right to Appeal.

This Officer recommendation to approve this application subject to the applicant entering into a legal agreement was originally considered at a meeting of the Planning Committee where the members determined to approve the application subject to a legal agreement securing provision of

At that meeting the Members wished it minuted that once such agreement was in place the decision to approve the application could be issued.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made: Approve subject to Legal Agreement Date: 19.05.2025 Signed : Chris Balmer Presenting Officer

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.

PLANNING COMMITTEE DECISION 19.05.2025 Application No. : 24/91268/B Applicant : Mr Gareth M Roberts Proposal : New build 6 storey apartment block containing 12 apartments and associated parking. Site Address : Land/Garden Adjacent To Isle Of Alanis Mooragh Promenade Ramsey Isle Of Man Presenting Officer : Chris Balmer (correct manually if not the case officer) Addendum to the Officer’s Report

Planning Committee 19.05.2025 The Planning Committee approved the application subject to a Section 13 Legal Agreement and subject to the additional and amended conditions;

(Amended) C 2. Notwithstanding the details already submitted, a detailed plan which shows a total of

• 12 vehicle parking spaces within the lower ground floor car park shall be submitted in writing to the Department for approval and with at least one parking space as shown on this approved plan shall be allocated to each apartment within the apartment building hereby approved and shall be ready for use prior to the occupation of any apartment and retained thereafter for the parking of vehicle/s for that apartment. Reason: To ensure adequate parking provision is made to each apartment.

(Amended) C 5. Notwithstanding the details already submitted, a detailed plan which shows adequate bin storage within the lower ground floor shall be submitted in writing to the Department for approval and this approved bin storage shall be completed and ready for use prior to the occupation of any apartment and retained thereafter for the sole use of the occupants of the apartment building. Reason: To ensure that sufficient bin storage is made for the development.

(Amended) C 10. Notwithstanding the details already submitted, a detailed plan which shows cycle storage (12 spaces) within the lower ground floor shall be submitted in writing to the Department for approval and this approved cycle storage shall be completed and ready for use prior to the occupation of any apartment and retained thereafter for the sole use of the occupants of the apartment building.

Reason: To ensure that sufficient cycle parking is made for the development in relation to sustainability and Active Travel aims and to offset a shortfall in car parking spaces.

(Additional)

• C 12. Notwithstanding the details already submitted, a detailed plan demonstrating the access ramp details with a 1:12 gradient shall be submitted in writing for approval by the Department

and this plan shall be full adhered and completed prior to the occupation of any apartment and retained thereafter.

Reason: To ensure adequate access for pedestrian, vehicular and bin provision. (Additional)

• C 13. Prior to the commencement of any development details of Flood Risk Management Plan and demountable flood defences or similar across the main vehicular access of the site onto Mooragh Promenade shall be submitted to, and approved in writing by the Department and these details shall be full adhered and shall be ready for use prior to the occupation of any apartment and retained thereafter. Reason: To ensure that there is adequate flood protection of the site. _____________________________________________________________________________