Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 25/90006/B Applicant: Ms Anne-Marie O'Connell Proposal: Change of use from garage to office with toilet and widening of access path Site Address: Block 3 Garage 20 Magnus Court Kings Reach Village Jurby Road Ramsey Isle Of Man IM8 3NT Planning Officer: Russell Williams Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 03.04.2025 _________________________________________________________________

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. The use of the office hereby permitted shall be limited to Kings Reach Residents Association Limited only, in the undertaking of management activities for Kings Reach Village and shall not be used for any other commercial or business without a planning application first being submitted to and approved in writing by the Department.

Reason: The site is located in a Predominantly Residential area where an independent commercial/business use of the office will require further assessment.

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

The use of the garage as an office for the management company for the area is considered to be ancillary to and compatible with the residential use of the wider area. The proposal will not give rise to any adverse impacts upon visual amenity or parking provision and therefore complies with General Policy 2 and Transport Policy 7 of the IMSP.

Plans/Drawings/Information; This approval relates to the following drawings and documents received 6th January 2025:

• Dr No AMO/2/1 - Location Plan
• Dr No AMO/2/2 - Plans and Elevations
• Dr No AMO/2/3 - Site Plan

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Ramsey Commissioners No objection DOI Highway Services No objection

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The application site comprises a single garage and adjoining grassed area, centrally located within the residential area of Magnus Court, Kings Reach Village, Ramsey. The estate is a residential estate limited to residents over 50 years of age. - 1.2 The garage building is constructed in off white rendered walls, plain grey concrete tiles and dark brown garage doors. - 1.3 The site is accessed off the shared parking courtyard at Magnus Court, around which there are a total of 22 garages and 37 parking bays serving the properties in Godred and Magnus Courts. - 1.4 The application states that the garage subject of the application has been used as a bin store for the past 20 years.

2.0 THE PROPOSAL - 2.1 The application seeks planning permission for the change of use of the garage and conversion to a single office with internal WC. - 2.2 Externally the garage door will be removed and replaced with a sliding patio style door. A small area of tarmac to the east, offering level access to the pedestrian access door into the garage, will be extended over a small part of the adjoining grassed POS.

2.2 The Agent has confirmed that the Office shall be used by Kings Reach Residents Association Limited, in the carrying out of the duty to management the estate. - 3.0 PLANNING POLICY

3.1 The application site is identified in the 1982 Development Plan as 'white land' within the countryside that is not zoned for development. The site is not within a Conservation Area but falls within an Area of High Landscape Value.

3.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; - 3.3 General Policy 2: "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."

3.4 Business Policy 7: "New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space (a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance." - 3.5 Whilst not directly applicable to the proposal, Transport Policy 7 states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 The Residential Design Guide is a material consideration. - 5.0 PLANNING HISTORY

5.1 There is no history of material planning relevance. 6.0 REPRESENTATIONS

6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: Ramsey Commissioners - No objection

DOI Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as there are available parking spaces within the site and parking demand is lower than average being a 50 plus development.

6.2 No representations have been received. - 7.0 ASSESSMENT

7.1 The key considerations in the determination of the application are whether the proposed use is compatible with the immediate setting and the impact on parking provision.

7.2 The application will result in the formation of a small office unit within the established residential area at Magnus Court. As noted in Section 2.0 of this report, the office will be used by Kings Reach Residents Association Limited, the management company charged with overseeing the day to day management of the over 50's housing at Kings Reach Village.

7.3 The use of an office is considered to be compatible with the immediate setting, given that it would be primarily in use during the day time and early evenings for the management of the residential estate on which it is located. The office will not have a commercial use and so there is no conflict with Business Policy 7. The proposal is therefore a use that is complimentary and ancillary to the wider estate. Restriction on the use of the office has been agreed with the applicant and is subject to a proposed condition. - 7.4 The adjoining use of garages and parking will not be unduly affected by an office use within the end garage until, which can be accessed safely off the parking courtyard by residents. - 7.5 Regarding the loss of the garage as a parking space, it is evident from visiting the site that there is ample parking in the immediate vicinity to serve the needs of the area, with numerous parking bays not in use at the time of the site visit. - 7.6 The garage subject of the application is said to have been used as a bin store for the past 20 years and not for parking. Taking that to be the case and having regard to the availability of parking spaces within the area, the loss of one garage is not considered to adversely impact upon parking provision. Highway Services do not object to the proposal and there is no objection on planning grounds. - 7.7 Finally, the proposed works to the garage building, with the new glazed door and extended hardstanding area will not give rise to any unacceptable impact upon visual amenity.

- 8.0 CONCLUSION

8.1 Having regard to the above matters, the use of the garage as an office for the management company for the area is considered to be ancillary to and compatible with the residential use of the wider area. The proposal will not give rise to any adverse impacts upon visual amenity of parking provision and therefore complies with General Policy 2 and Transport Policy 7 of the IMSP. It is therefore recommended that permission is granted. - 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:

• 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.

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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Permitted Date: 03.04.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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