Officer Report

Application No.: 25/90306/B Applicant: Glenn Kinrade Proposal: Change of use from shop to living accommodation; erection of first floor extension Site Address: 3 Water Street Ramsey Isle Of Man IM8 1JP Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.04.2025 _________________________________________________________________

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. No sleeping accommodation shall be located at ground floor level as shown on drawing SM25/629/2.

Reason: The site is within a high risk of flooding and to protect future occupants from flood events

• C 3. Prior to commencement of any development a Flood Risk Statement shall be submitted which outlines detail flood mitigations and emergency egress plans.

Reason: The site is within a high risk of flooding and to protect future occupants from flood events.

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

It is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan, not having any significant public or private amenity and complies with General Policy 2, Environment Policy 17 & 35, Section 18(4) of the Town and Country Planning Act (1999), Residential Design Guide and Planning Policy Statement 1/01.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 20.03.2025.

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection DOI Flood Risk Management - No Objection conditions attached.

It is recommended that the owners/occupiers of the following properties NOT should be given the Right to Appeal because: The owners/occupiers of Court Row Chambers, Court Row, Ramsey - Objection does not relate to material planning considerations.

_________________________________________________________________ Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is Nr 3 Water Street, Ramsey. The site is a traditional end of terrace two storey property which until recently comprised a hair salon and beauty therapist's at ground floor, and residential accommodation above. The site is situated in the heart of the Ramsey town centre, just to the south west of the war memorial. There are surrounding commercial buildings to the other side of Water Street to the north, to the east and south and the rear. To the west side there is a parking and yard area to the adjacent commercial premises. - 1.2 To the rear of Nr 3 is The Court Yard which accommodates two commercial units and a first floor apartment within a converted outbuilding. Access to these units is via a covered walkway beneath the first floor of Nr 3 which leads out onto Water Street.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the change of use from shop to living accommodation at ground floor level of Nr 3 and the erection of a rear first floor extension. Together the works would accommodate a one bedroomed dwelling, with living room and kitchen accommodation at ground floor level with a bedroom and bathroom accommodated within the first floor rear extension. A doorway from the bedroom would access onto a first floor balcony to the rear of Nr 3. - 2.2 Bin storage would be within the existing bin store within the courtyard to the rear of Nr - 3. This serves the existing shop and other units within the site.

3.0 PLANNING HISTORY - 3.1 The site has the following relevant history: - 3.2 Change of use of first floor residential unit to provide clinic treatment rooms (1 The Court Yard) - 17/00759/C - APPROVED (not implemented) - 3.3 Change of use of premises from hairdressing salon to a cake shop (Nr 3 Water Street) 14/01062/C - APPROVED

3.3 Erection of two shop units with flat over to replace (Garages/storage Buildings To Rear Of Nr3) - 00/01281/B - APPROVED - 3.4 Approval in principle for the erection of two shop units with flat above, to replace garaging/stores to rear of existing shops (Nr3 Water Street) - 97/01616/A - APPROVED

- 4.0 PLANNING POLICY

4.1 In terms of local plan policy, the application site is within an area zoned as town centre (mixed use) by the Ramsey Local Plan 1998 and is within the Ramsey Conservation area. The site is within a "High Flood Risk - Tidal".

4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant. - 4.3 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.'

4.5 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted." - 4.6 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.' - 4.7 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. - 4.8 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". - 4.9 Residential Design Guide 2021

- 5.0 REPRESENTATIONS

5.1 Flood Risk Management (DOI) do not object subject to the below condition (24.03.2025): "If the planning application is permitted we would ask that it is conditioned to the application that there should be no sleeping accommodation on the ground floor. A Flood Risk Assessment should be submitted to detail flood mitigations and emergency egress plans."

5.2 Highway Services comment (24.03.2025): "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the site in a sustainable location in Ramsey town centre." - 5.3 The owners/occupiers of Court Row Chambers, Court Row, Ramsey have copied the Department into an email correspondents to the applicants, which indicates (27.03.2025); "As the owners of Court Row Chambers and the car park situated immediately next door to the proposed site, I would like to know if the car park will be affected? If so, what alternative parking are you prepared to offer for our tenants during this period?"

- 6.0 ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are;

• - Statutory test
• - Principle of uses
• - Character and appearance
• - Impacts upon neighbouring amenities 6.2 CONSERVATION AREA STATUTORY TEST

• 6.2.1 Prior to the assessment elements of this application, it is necessary to apply the Conservation Area statutory test as referenced in section 4.4 of this assessment on whether the proposal would preserve or enhance the Conservation Area.
• 6.2.2 In relation to external works, these are contained within the rear elevation of Nr 3 Water Street. The proposed first floor pitched roofed extension in terms of promotion, form, finishes and overall design is considered in keeping and appropriate to this age of property and a common form of development. Publically only the side elevation of the extension would be apparent from Water Street. It is considered the proposals would not have any adverse impact on the character and appearance of the property or that of the Conservation Area; having a neutral impact (i.e. preserve).
• 6.3 Principle of uses

• 6.3.1 In terms of the zoning the proposed use would comply and therefore the principle of the change of use is acceptable. It is highly likely that Nr 3 Water was originally constructed as a residential unit and this proposal restores this original use.
• 6.3.2 In terms of parking provision, the site does not provide any for members of staff, residents or visitors. This is the existing case for the existing retail unit (former hair/beauty salon). However, the site is located within Ramsey Town Centre, near to a number of public park parks, adjacent to a large amount of on-street parking (disc zones) along Parliament Street and is close to public transport links.
• 6.3.3 It is considered that the use of the currently empty building can only be of benefit to the character and vitality of Ramsey Town Centre and therefore could also be argued to enhance the character and appearance of the building and in turn the Conservation Area.
• 6.4 CHARACTER AND APPEARANCE

• 6.4.1 The Planning Department has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. Further, Section 18(4) of the

Town and Country Planning Act (1999) as mentioned above, also requires that the desirability of preserving or enhancing its character or appearance in the exercise.

• 6.3.2 For the reason outlined previously (par 6.2.1 to 6.2.2) it is considered the proposal are acceptable and would preserve the character and appearance of the Conservation Area.

6.5 Impacts upon neighbouring amenities 6.5.1 The proposed rear extension has the potential to impact the applicants own existing first floor apartment located within the rear courtyard of Nr 3, namely by the mass of the new first floor extension (gable end) being directly opposite a first floor balcony and windows of this existing apartment. However, while this increase built form and impact, it is not considered the impact would be so significant to warrant a refusal. There would be no significant overlooking or loss of direct sun light, extension being to the north. - 6.6 Other Matters 6.6.1 A conditions should be attached as suggested by the Flood Risk Management. With such conditions in place there are no issues relating to flood risk which cause concern.

• 6.6.2 In relation to questions received from the neighbouring land owner (car park) in relation to potential impacts upon parking spaces during the construction; it should be noted that the construction phases of a development is not a material planning considerations which can be considered, albeit the concerns are understandable. Furthermore, planning approval does not give permission for any party to enter onto other persons land. Accordingly, both these elements are civil matters between the relevant parties.
• 7.0 CONCLUSION

7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan, no having any significant public or private amenities and complies with General Policy 2, Environment Policy 17 & 35, Section 18(4) of the Town and Country Planning Act (1999), Residential Design Guide and Planning Policy Statement 1/01. - 7.2 It is recommended that the application be approved. 8.0 Right to Appeal and Right to Give Evidence 8.1 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).

8.2 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.

8.3 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. - 8.4 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.

8.5 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 the Head of Development Management 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 : 28.04.2025 Determining Officer

Signed : S BUTLER Stephen Butler Head of Development Management

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