Planning Officer Report

Planning Officer Report And Recommendations {{table:380135}} {{table:380134}}

Officer's Report

The Application Site

1. The application site is No. 3 West Quay and No. 1 Old Post Office Lane, Ramsey. The site forms part of the built up frontage to the south side of the West Quay, to the north edge of the town centre. There is a narrow alley to the west side of the building from which there is access to the building as well as from the front on the West Quay. The ground floor to which the application relates is currently an empty shop.

1. The site is situated within the Ramsey Conservation Area.

The Proposal

1. The application seeks planning approval for a change of use of the ground floor to a dental surgery. The proposed plans show two consulting rooms and a reception area.

Planning History

1. 04/02366/C approval granted for a change of use from office/show room to a therapy room.

1. There is no other planning history of particular relevance to the current application.

Planning Policy

1. The area is identified as being part of the Town Centre (in mixed use) by the Ramsey Local Plan 1998.

1. General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant:

'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.' 8. Environment Policy 10 of the Isle of Man Strategic Plan 2007 states: 'Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4.' 9. Environment Policy 35 of the Isle of Man Strategic Plan 2007 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.' 10. Community Policy 2 of the Isle of Man Strategic Plan 2007 is considered relevant: 'New community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings.' 11. Transport Policy 7 of the Isle of Man Strategic Plan 2007 is relevant: 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.' 12. Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area.

Representations

1. Ramsey Town Commissioners - no objection. The Commissioners make the observation that the layout makes no reference to staff welfare facilities. Presumably these will be on a separate floor; however, clarification should be obtained in respect of this matter.
2. Highways Division - no objection.

1. Isle of Man Water \& Sewerage Authority - the applicant should be aware that the site falls within the 1:100 (plus climate change) flood area. It is therefore highly recommended that flood resilient measures are implemented for the existing building.

Assessment

1. The site is situated within the town centre which is a suitable location for a dentist's surgery and community facilities such as this. The proposed surgery would employ three full time staff and would support the economy. The proposed use is acceptable in principle.
2. The proposal does not involve any external alterations to the building and the proposed use would not adversely affect the visual amenity of the area. The character and appearance of the Conservation Area would be preserved.
3. The Highways Division originally objected to the application on the grounds that the applicant had not satisfactorily demonstrated where staff will park; the application had suggested that short stay disc zones would be used by staff but this would have been inappropriate. The applicant has since confirmed the location of two public car parks that staff could use to park their vehicles and the Highways Division has subsequently withdrawn their objection. In any event, this is a central and sustainable location with good access to public transport. The provision of off-street parking can sometimes discourage more sustainable methods of transport by making parking too easy.
4. The proposal would not result in any obvious conflict with adjacent land uses and would not adversely affect neighbour amenity.
5. The building has a lawful use and it is not therefore considered reasonable to require the applicant to submit a Flood Risk Assessment as normally required by policy; the proposal will not increase the risk of flooding elsewhere or create a more vulnerable use. The Isle of Man Water \& Sewerage Authority's recommendations for flood resilience measures, already copied to the applicant, should be relayed by way of an advice note.
6. The comment from the Town Commissioners about staff welfare facilities is not a material planning consideration.

Recommendation

1. It is recommended that approval is granted.

Party Status

1. The local authority, Ramsey Town Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
2. The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d.
3. The Isle of Man Water \& Sewerage Authority raises relevant planning issues (flood risk) and should be afforded Interested Party Status.

Recommendation

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : Notes attached to refusals

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

C 2. The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Number 2013/34 01 received on 15 August 2013.

N 1. The applicant should be aware that the site falls within the 1:100 (plus climate change) flood area. It is therefore highly recommended that flood resilient measures are implemented for the existing building. Further advice can be obtained from the Isle of Man Water \& Sewerage Authority, 693511.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : Determining officer (delete as appropriate) Signed : Anthony Holmes Senior Planning Officer Signed : Michael Gallagher Director of Planning and Building Control

Signed : Sarah Corlett Senior Planning Officer Signed : Jennifer Chance Development Control Manager