Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 23/00066/B Applicant: Heron And Brearley Proposal: Change of use from public house (use class 1.3) to create ten apartments (use class 3.4) while retaining original element of building, demolition of previous extensions and erection of new replacement extension. Site Address: Britannia Hotel Waterloo Road Ramsey Isle Of Man IM8 1DR Planning Officer: Paul Visigah Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 27.03.2024 _________________________________________________________________

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. Prior to the commencement of any development additional details shall be submitted in writing for approval by the Department which demonstrates the provision of at least 10 secure bicycle spaces being provided within the secure cycle store (shown on Drawing No. 101 Rev A) and these approved details shall be completed prior to the occupation of any unit. The approved bicycle spaces shall be retained at all times thereafter.

Reason: To promote sustainable travel in the interests of reducing pollution, congestion and given a relaxation of the parking standards have been agreed.

• C 3. The development shall not be occupied or operated until the secure and covered bin store have been provided in accordance with the approved plan (Drawing No. 101 Rev A). The secure and covered bin store shall be retained at all times thereafter for this purpose. Reason: To ensure adequate and appropriate bin storage.

• C 4. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, windows, doors, rainwater goods, and final paint colour have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and shall thereafter be retained as such. Reason: In the interests of the character and appearance of the site and surrounding area.
• C 5. The development must be carried out in accordance with the recommended flood resilience measures stipulated in the Flood Risk Assessment received 24 August 2023, and the flood mitigation approaches identified in the Agents Correspondence dated 22 November 2023, and shall thereafter be retained as such.

Reason: To safeguard the amenities of prospective occupiers and to ensure the development complies with Environment Policy 10 of the Strategic Plan.

• C 6. Within 3 months of the date of the approval hereby given becoming final, a Flood Plan and flood door/barrier maintenance and deployment plan shall be submitted to and approved in writing by the Department. The development shall not take place other than in accordance with the approved plans.

Reason: To safeguard the amenities of prospective occupiers and to ensure the development complies with Environment Policy 10 of the Strategic Plan.

• C 7. The Development shall not commence until a programme of historic building recording in accordance with Level Two as set out in Historic England's document 'Understanding Historic Buildings: A guide to good recording practice' has been undertaken, submitted to and approved in writing by the Department. Thereafter the information will be placed on the Isle of Man Historic Environment Record and available for public view.

Reason: To ensure the matters of historical importance associated with the building/site that will be lost in the course of works are properly recorded and available for public view.

• N 1. FOR YOUR INFORMATION Please be aware that a ban on the installation of fossil fuel heating systems in any new building(s) and or extension(s), will come into force on 1st January 2025.

You therefore are encouraged to ensure that your proposed development includes alternatives to fossil fuel heating systems if you believe that such works will not be completed by that date.

To this end, if you propose an alternative, such as air source or ground source heat pump(s), or any other heating system that would require planning approval, the details of this should be addressed now. This may require you to resubmit your planning application to accommodate the alternative permitted heating system proposed.

• N 2. The applicant is advised that when undertaking the external render repair/replacement on the existing building as noted on drawing 101revA, a material appropriate to the wall's construction should be used in order to avoid future damp issues.

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

It is concluded that the proposal would re-use an existing unoccupied building which is located within a prominent and central location within the Ramsey town centre, within the Ramsey Conservation Area, and for a building which has architectural interest. The proposal would introduce 10 new residential units within the centre of Ramsey where new dwellings are limited in an area which is sustainable in terms of travel, shops, services and employment. Whilst the proposal would generate a parking requirement in the area, so would the previous use, potentially to a similar level, and the site sits adjacent the Manx Electric Railway Station, is within a five minute walk to the Ramsey bus station, and the new scheme proposes covered and secure cycle spaces. Overall, the proposal would have no significant adverse impacts upon private or public amenities and therefore complies with General Policy 2, Housing Policies 5 and 17, Environment Policies 4, 10, 13, and 35, Recreation Policy 3, and Transport Policy 7 of the Isle of Man Strategic Plan 2016; Residential Design Guide 2021 and the Ramsey Local Plan.

Plans/Drawings/Information; This decision relates to the flowing documents and Plans:

• o Design and Access Statement, Cover Letter, and Drawing Nos. 001, 100, and 102, received 23 January 2023;
• o Drawing No. 101 Rev A received 28 August 2023;
• o Flood Risk Assessment received 24 August 2023;
• o Bat Survey Report received 21 September 2023;
• o Correspondence from Agent received 22 November 2023; and
• o Correspondence from between Agent and Ramsey Commissioners regarding Public Open Space provision received 22 March 2024;

_________________________________________________________________ Interested Person Status

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

• o Flood Management Division (DOI)
• o Estates and Housing Division (DOI)

It is recommended that the following Government Departments should not be given Interested Person Status on the basis that although they have made written submissions these do not relate to planning considerations:

• o Manx Utilities Drainage

It is recommended that the organisation should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

The Isle of Man Natural History & Antiquarian Society, as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy.

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

4 Marine Gardens, Ramsey, Ramsey, (Occupant of workshop on Chapel Lane, Ramsey,

• opposite site), as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status.

_________________________________________________________________ Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS A SECTION 13 LEGAL AGREEMENT IS REQUIRED FOR AFFORDABLE HOUSING AND PUBLIC OPEN SPACE

1.0 THE SITE - 1.1 The site is the Britannia Hotel, a three storey building (with single storey elements) bordered on three sides by Waterloo Road, Peel Street and Chapel Lane respectively. On its fourth, north-eastern side, the building shares a party wall with the Bourne Concourse building. The site is within the Ramsey Conservation Area. - 1.2 The building generally has four sections. The main three storey section, facing Waterloo Road, was built in 1847 by Dr John William Clucas as a dwelling, later becoming the Waterloo Hotel and then the Britannia. The third storey of this section is contained substantially within the roof space. On Chapel Lane, the property includes a two storey section that may pre-date the former doctor's house and is vernacular in design. A single storey side extension to the main building, fronting on to Peel Street, was later added, and most recently the internal courtyard has been infilled with a single storey WC block.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for change of use from public house (use class 1.3) to create ten apartments (use class 3.4) while retaining original element of building, demolition of previous extensions and erection of new replacement extension. - 2.2 There would be internal alterations to change the configuration and layout of the existing property to create 9 One Bedroom apartments and 1 Two Bedroom apartment, as well as a secure bicycle and bin store within the building. - 2.3 The one bedroom units created would each have a bedroom, an open plan lounge/kitchen/dining area, a toilet, and hallway. Some of the one bedroom apartments would also have a store provided within their internal area. - 2.4 The ground floor would have four one-bedroom apartments with floor areas measuring: Apt. 1 - 54sqm, Apt. 2 - 52sqm, Apt. 3 - 70sqm, Apt. 4 - 74sqm. This floor would also house the bin store and bicycle storage. On the first floor, there would be three apartments; two onebedroom apartments with floor areas measuring 61sqm for Apartment 6 and 54sqm for Apartment 7, while the two bedroom apartment (Apt. 5) which houses an open plan lounge/kitchen/dining area, a bathroom, hallway and two bedrooms would measure 66sqm. The three one-bedroom apartments on the second floor will measure 55sqm (Apt. 8), 51sqm (Apt. 9) and 38sqm (Apt. 10) respectively. - 2.5 The application is supported by a Design Statement, a Flood Risk Assessment, and a Bat Report prepared by the Manx Bat Group and dated 17 September 2023.

- 3.0 PLANNING POLICY

3.1 Site Specific

• 3.1.1 The site is noted as a public house, but within the town centre area of mixed use on the Ramsey Local Plan 1998. The site is also within the Ramsey Conservation Area. The site is within an area prone to high tidal flood risks, but is not prone to surface water or fluvial flood risks.

3.2 Due to the zoning of the site and the proposed works the following planning policies are relevant in the determination of the application: - 3.3 TOWN AND COUNTRY PLANNING ACT 1999

• 3.3.1 S18 Designation of conservation areas - desirability of preserving or enhancing character or appearance of Conservation Areas.

3.4 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016

• a. Strategic Policy 4 - Protect or enhance the fabric and setting of Ancient Monuments,

Registered Buildings, Conservation Areas.

• b. Environment Policy 4 and 5 - protects biodiversity (including protected species and

designated sites).

• c. Environment Policy 34 - Preference for the use of traditional materials in the

maintenance, alteration or extension of pre-1920 buildings.

• d. Environment Policy 35 - Guides development in Conservation Areas. Seeks to preserve

or enhance the character of appearance of area.

• e. Environment Policy 39: The general presumption towards retention of buildings which

make a positive contribution to the character or appearance of the Conservation Area.

• f. Environment Policy 42 and Strategic Policy 3 - character and need to adhere to local

distinctiveness.

• g. Environment Policy 43 - support proposals which seek to regenerate run-down urban

and rural areas.

• h. Strategic Policies 1, 2, 5 and 12 - relate to re-use of existing sites, good design and

regeneration of existing sites.

• i. Housing Policy 4 - deals with the location of new housing on the Island.
• j. Housing Policy 5 - Stipulates a 25% provision of affordable housing in granting planning

permission on land zoned for residential development or in predominantly residential areas, and for developments of 8 dwellings or more.

• k. General Policy 2 - general standards towards acceptable development.
• l. Transport Policies 2, 4 and 7 - need for appropriate and safe highway provisions
• m. Section 7.32 - Demolition in Conservation Areas.
• n. Recreation Policy 3 - Guides the provision of recreational and amenity space for new

residential development of ten or more dwellings in accordance with the standards specified in Appendix 6 to the Plan.

• o. Community Policy 4: Guides Development (including the change of use of existing

premises) -loss of local shops and local public houses.

• p. Paragraph 10.8 'Retention of Existing Local Shops and Public Houses' that precedes

Community Policy 4 states; "The loss of facilities such as neighbourhood shops in towns and or village shops and public houses reduces customer choice and can also necessitate people travelling further to meet their needs. This is a particular problem in rural areas where village shops, post offices and public houses can be central to village life. It would be preferable to retain viable facilities, or those that can be made viable and where a change of use or re-development is proposed developers will be expected to show evidence of attempts to market the property as a business in these areas."

3.5 Planning Policy Statements: 1/01 POLICY AND GUIDANCE NOTES FOR THE CONSERVATION OF THE HISTORIC ENVIRONMENT OF THE ISLE OF MAN

• 3.5.1 POLICY CA/2 - Special Planning Considerations
• 3.5.2 POLICY CA/4 - Proposals for Preservation and Enhancement

3.6 PLANNING CIRCULAR 1/98: THE ALTERATION AND REPLACEMENT OF WINDOWSprovides guidance on the replacement of windows and in Conservation Areas

- 4.0 OTHER MATTERIAL CONSIDERATIONS

4.1 THE RESIDENTIAL DESIGN GUIDE (July 2021)

• 4.1.1 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Sections 2.0 on sustainable construction, 3.1 which refers to local distinctiveness, Section 5 for Architectural Details, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme.

• 4.1.2 Other relevant sections include:

• 4.1.2.1 Paragraph 1.1.9 which states:

"The document is not a Planning Policy Statement (as per Section 3 of the Town and Country Planning Act 1999) but is capable of being an 'other material consideration' (as per Section 10(4)(d) of the Act)". Furthermore, where proposals adopt the approaches set out within this document, they are more likely to be considered to comply with the detailed Development Plan policies that relate to design. For example, General Policy 2 of the Isle of Man Strategic Plan (2016)."

- 4.2 FLOOD RISK MANAGEMENT ACT (2013)

4.2.1 Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations.

- 5.0 PLANNING HISTORY

5.1 The application site has been the subject of four (4) previous planning applications, two of which are considered to be materially relevant in the assessment of the current application. 5.2 PA 20/00229/B for Demolition of building (in association with Registered Building Application 20/00230/CON) - Refused. The application was refused for the following reasons:

• R1: The proposal fails to meet the tests of Section 16 of the Town and Country Planning Act

1999; Strategic Policy 4 and Environment Policies 35 and 39 of the Strategic Plan 2016; and policies CA/6 and RB/6 of Planning Policy Statement 1/01. The proposal fails to protect or enhance the fabric and setting of the Conservation Area, nor would it preserve or enhance the character or appearance of the Area. It is therefore judged to be unacceptable.

• R2: In the absence of any proposals for the future use of the site, the case for re-

designation of the land use cannot be accurately assessed. The proposal is therefore contrary to Community Policy 4 of the Strategic Plan 2016. 5.3 PA 20/00230/CON for Registered Building Consent Application for the demolition elements to a building in a conservation area and associated with planning application 20/00229/B. The scheme proposed to demolish the Britannia Hotel, retaining the party wall with the Bourne Concourse building as well as parts of the abutting internal and external walls to provide a buttress for the party wall. The remaining site was to be levelled and covered with hardcore stone. 5.3.1 The application was refused for the following reason: "The proposal fails to meet the tests of Section 16 of the Town and Country Planning Act 1999; Strategic Policy 4 and Environment Policies 35 and 39 of the Strategic Plan 2016; and policies RB/3, RB/6 and CA/6 of Planning Policy Statement 1/01. The proposal fails to protect or enhance the fabric and setting of the Conservation Area, nor would it preserve or enhance the character or appearance of the Area. It is therefore judged to be unacceptable."

6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. 6.1 DOI Highways Division have stated that the proposal raises no significant road safety or highway network efficiency issues. They also raise no objection to the proposal subject to the full requirement of bicycle spaces being provided within the store room indicated, and accept the reasons for parking standard relaxation with the proposal (14.02.23/ 03.08.23/30.08.23/25.09.23). 6.2 DOI Estates Housing have noted that in view of the fact that the apartments are not new dwellings, a Commuted Sum will be preferred in this instance, whilst stating that the resulting sum to be paid to the Department is £14,309.63; and that the timing of the payment is to be agreed between the applicant and the Department (31.01.24). 6.3 DOI Flood Risk Management have noted that they are happy to have the suggested flood doors/barriers conditioned to the application but they should be accompanied with a flood plan and flood door/barrier maintenance and deployment plan. They also note that they cannot support sleeping application on a ground/sub floor within a flood zone (13.10.23).

• 6.3.1 Following review of the comments from DOI FRM regarding the accommodation on the ground floor, the applicants have provided additional information to address the concerns and these include (2.11.23):

• o The proposal would ensure that the site is not left undeveloped/unoccupied, which will prevent the building to further dilapidate, or fall into complete disrepair.
• o Window cill levels to Peel Street and Chapel Street are to be +730mm from the existing pavement level which would be a plus of circa 500-600mm over the existing openings on the respective elevations.
• o Proposed Finished Floor Level of Ground Floor = 5.375mAD02 (proposed increase of 150mm) over the existing at 5.225mAD02.
• o The proposed finished floor level is to be circa 600mm above the highest recorded tidal flood in that area.
• o Demountable (or mountable in line with recent communications) flood defence systems are to be installed to the front perimeter wall, the main front door opening and the bin store external door. These are to be built into the structure and would achieve a minimum level of 1.2m protection above the external pavement level - 6.200mAD02.
• o The perimeter wall itself will have a flood gate which will (as above) provide flood protection to 6.2mAD02 - circa 600mm above that of the previously proposed main floor defence wall proposed by the IoM Gov.
• o They query what the perceived risk to an occupant would be should the Summary and Recommendations be followed as set out in the FRA?

• 6.3.2 The DOI Flood Risk Management have made the following additional comments (7.11.23):

• o There is currently no Flood policy regarding the provision of sleeping accommodation on the ground floor in a flood zone, although DOI FRM is generally opposed to sleeping accommodation on the ground floor in a flood zone.
• o Whilst reference is made to the Ramsey flood defence level of 5.6mD02, this defence has not been built and the finished floor level is below the predicted flood level of 5.64mD02.
• o The FMD general stance is not to recommend sleeping accommodation in a flood zone as if the water was to enter the property while residents are sleeping, this could result in drowning.
• o The property should be resilient to flooding for its life time and it is not unusual for a residential property to have a life time of over 100 years.
• o The precautionary principle is to be applied to all types of property in a flood zone.
• o The proposed property still has a finished floor level below the 1 in 200 plus CC tidal level of 5.64mD02 and this leaves a residual risk.
• o They highlight the fact that third party defences should not be relied upon for individual properties as these could be breached.

6.4 DEFA Biodiversity confirm that the Manx Bat Group's Bat Report for the Britannia Hotel dated 17th September 2023, is all in order and that a suitable level of assessment has been undertaken. They note that the Manx Bat Group found no evidence of bats within the building and determined that roosting bats were not present, therefore mitigation for bats is not required (10.10.23). - 6.5 DEFA Registered Buildings Officer has made the following comments regarding the application (17.04.23):

• o The Britannia hotel is a mid-19th Century villa that was converted into a public house. The building has been used as a café/public house since the early 20th century.
• o The building is a surviving example of villa style architecture of the mid-19th century. The detached property has an interesting façade with double fronted bays, supporting a balcony, deep eaves and decorative barge boards across its tripartite gabled roof. The property has a long association as a public house and is a good example of the growing prosperity and wealth of Ramsey during its 19th century expansion.
• o The Britannia is located within the Ramsey Conservation Area and clearly makes a positive contribution to the character and appearance to the conservation area, due to its age, architectural quality and detailing, and its relationship to surrounding buildings.
• o The proposals seek to demolish existing extensions, replace them with new additions and change the use of the building to residential use.

• o The applicant has provided a justification for the proposals. I welcome the reuse and repair of the building, which makes a positive contribution to the character and appearance of the conservation area.
• o The loss of the building to Chapel Lane and its replacement is considered to preserve the character of the Conservation Area, the harm caused by the loss of historic fabric and increase is height is outweighed by the benefits of repairing the building and securing its long term future.
• o The Chapel Lane building, the provenance of which is currently unclear and may have not formed part of the main house, should be recorded prior to demolition.
• o Conditions should be imposed required further detail and approval of windows, rainwater goods and final paint colour, in order to ensure the character of the building and conservation area is preserved.

6.6 Manx Utilities Drainage refer to trade effluent discharge licence to comply with Sewerage Act 1999, and request details of the composition of discharge, volumes and frequency of discharge (15.09.23). - 6.7 Ramsey Town Commissioners have no objection to this proposal (21.02.23/21.09.23).

6.7.1 Following review of the Open Space requirements of the proposal, the Ramsey Town Commissioners have recommended that the sum of £5784 be provided by the applicants as commuted sum for POS provisions (22.03.24)

6.8 The Isle of Man Natural History & Antiquarian Society have indicated that they support the comments of the Registered Buildings Officer with respect to this application. They also refer to their comments made regarding previous applications for the site under PA's PA20/229/GB & PA20/00230/CON which relates to the building being well-documented (06/08/23). - 6.9 Owners/Occupant of 4 Marine Gardens, Ramsey, (occupant of workshop on Chapel Lane, Ramsey, opposite site) refers to location and potential impact of wheelie bins, impacts on parking, and issues of flood risk and flood protection (16.02.23).

- 7.0 ASSESSMENT

7.1 The fundamental issues to consider in the assessment of this planning application are:

• a. Statutory Test for Development in Conservation Area (Section 18 of TCPA);
• b. The principle of development/ Loss of community facility (STP1, STP2, SP3, GP 2a, HP4,

STP10 & CP 4);

• c. Impact on the Character and Appearance of the site and Conservation Area (GP 2b & c

& STP 3b);

• d. Amenity for future occupants (HP 17 & Paragraphs 8.13.2 - 8.13.3);
• e. Impact on the neighbouring amenity (GP 2g);
• f. Parking and Highway Safety (GP 2 & TP 7, STP 10); and
• g. Biodiversity Impacts (EP 4 & GP2);
• h. Flood Issues (GP 2, EP 10 & EP 13);
• i. Public Open Space provision - POS (RP3 & Appendix 6); and
• j. Affordable Housing Provision (HP5).

- 7.2 CONSERVATION AREA STATUTORY TEST

• 7.2.1 Prior to the assessment elements of this application, it is necessary to apply the Conservation Area statutory test as referenced in Paragraph 3.3.2 of this report on whether the proposal would preserve or enhance the Conservation Area. In assessing the impact of the proposed works on the existing building, it is first considered that the proposal would not conflict with Section 18(4) of the Town and Country Planning Act which requires that special attention shall be paid to the desirability of preserving or enhancing the character or appearance of a Conservation Area in the exercise, with respect to any buildings or other land in a Conservation area, as the proposal would facilitate the retention and preservation of the existing built fabric on site, with the key attributes which contribute to the appearance of the existing building, which in turn contributes to the character and appearance of the site and conservation Area, also retained.

- 7.3 THE PRINCIPLE

• 7.3.1 The starting point in assessing the principle of the proposed conversion of the building is the land designation. The Ramsey Local Plan identifies the land as 'Mixed Use' and within the defined settlement boundary where the proposed development would be judged to be in conformity with the adjoining uses. In addition, the site adjoins predominantly residential areas on Albert Street, Parsonage Road, and Waterloo Road, such that there is no issue with the general principle behind the proposal.
• 7.3.2 It is also considered that Strategic Policies 1 and 2 directs new development into existing named towns and villages where existing services can be utilised. This approach to managing residential developments is further echoed within Housing Policy 4. Furthermore, by virtue of the site fronting onto an existing highway, along a public transport corridor for bus transportation and within close proximity to the Manx Electric Railway Station, it is considered that the scheme meets the requirements of Strategic Policy 10(a)-(d) which aims to promote integrated transport network. Therefore, the principle of the proposed change of use is acceptable.
• 7.3.3 There is a general presumption against the loss of town centre public houses for the reasons given in paragraph 10.8 of the Strategic Plan. Whilst in this case it is noted that the opportunities to reinstate the public house would be lost via the current application, the public house is not currently open, and has been non-operational for a long period. In addition, there are about 7 operational public houses within a 400m radius from the application site, which would serve to ensure that the loss of this non-operational pub house would not be so significant when judged within the current context of Ramsey. Therefore, it is not considered that the loss of the public house to residential use would be objectionable in this case.
• 7.3.4 Likewise, Ramsey is regarded as one of the service centres to provide regeneration and choice of location for housing under Spatial Policy 2; and this is supported by Spatial Policy 3 which states that "Housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing". More so, the proposal would ensure the revitalisation of a site which is currently showing signs of deterioration and degradation, and help limit the process of decline for the site by providing a platform for regeneration in line with Strategic Objective 3.3 (f) and Environment Policy 43 of the Strategic Plan.
• 7.3.5 Given the above, it is judged that the scheme to encourage the conversion of this redundant public house s (class 1.3) to residential accommodation (class 3.4) would be acceptable, as it would facilitate the redevelopment of this site which is now in decline. This is, however, not an automatic reason to allow development as further material planning matters as indicated previously need to be considered, to determine if the proposed would be appropriate for the site.

- 7.4 CHARACTER AND APPEARANCE

• 7.4.1 In assessing the impacts of the proposed works on the character and appearance of the site and Conservation Area, it is noted that Environment Policy 35 requires that within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area. Likewise, Section 18 of the Town and Country Planning Act 1999 states that special attention shall be paid to the desirability of preserving or enhancing the character or appearance of a Conservation Area. Further to the above, Strategic Policy 4 of the Strategic Plan states that proposals for development must protect or enhance the fabric and setting of Conservation Areas.
• 7.4.2 From review of the proposals within the current scheme, it is considered that the main changes involve the demolition of existing extensions, and their replacement with new additions which would have the form and appearance of the existing building. The fact that the new extensions would have windows and door patterns, as well as a pitch roof over prominent elements would ensure that the works respect the existing built fabric on site, whilst also serving to ensure that the new additions tie in with the existing building. The extensions and alterations have also been assessed by the DEFA Registered Building's Officer who notes that the loss of the building to Chapel Lane and its replacement is considered to preserve the character of the Conservation Area, and that the harm caused by the loss of historic fabric and

• increase is height is outweighed by the benefits of repairing the building and securing its long term future.
• 7.4.3 Additionally, the slight material alterations to the external elevations, and addition of roof terrace on the Peel Street side are not considered to have any detrimental impact on the character of the street scene nor would it be considered to detrimentally impact on the views achievable from the surrounding highways, as the key features of the building are still retained. Granting the glazed balcony to the terrace would introduce modern elements, the fact that the balustrade would be glazed, would serve to diminish the prominence of the balustrades. Also, these would not be installed on the prominent elevation of the main historic building.
• 7.4.4 Overall, it is considered that the changes to the property, including the erection of the new extensions would respect the site and surroundings in terms of the siting, layout, scale, form, and design, and further does not affect adversely the character of the surrounding townscape. More so, any changes to the appearance of the property as a result of the proposed alterations/extensions are not judged to outweigh the benefits of retaining the building and bringing it into productive use. As such, it is considered that the proposals would ensure that the overall character and appearance of the Conservation Area is preserved in line with EP35, whilst complying with General Policy 2 in these respects.
• 7.5 AMENITY OF FUTURE OCCUPIERS

• 7.5.1 With regard to the amenity space provisions, it is considered that all of the new apartments are positioned such that they are afforded views out and with acceptable levels of outlook from primary widows, as required by Housing Policy 17 which stipulates that each apartment should have a "pleasant clear outlook, particularly from the principal rooms". Whilst some apartments would have views towards Chapel Lane which is not as appealing as Waterloo Road and Peel Street, this lane is not a service lane, but a residential street which possesses qualities that contribute to the character of the Conservation Area and as such is judged to offer a pleasant clear outlook for the apartments situated here.
• 7.5.2 Additionally, the apartments would have a dedicated bin storage area with sufficient space for recycling bins as well, and secure bike storage area within the property with access to the adjoining street which will be of huge benefit to the occupants of the apartments. While no outside drying space has been provided, this generally hasn't been considered as unacceptable in a number of similar applications throughout the Island, as it is generally accepted that tumble dryers are an acceptable alternative.
• 7.5.3 Furthermore, there is ease of level access to good public open space that would provide an added degree of amenity provision in the area, namely Ramsey promenade and the beach and other leisure areas off the promenade. Overall, it is considered that the proposal would comply with Housing Policy 17.

- 7.6 IMPACT ON NEIGHBOURING AMENITIES

• 7.6.1 The works to create an additional floor of accommodation on the Chapel Lane elevation holds the potential to create concerns for the neighbouring properties. However, given that the new second floor windows would be looking over a garage and commercial spaces, it is not considered that any impacts resulting from the creation of the new fenestrations would be so adverse as to result in refusal of the proposal.
• 7.6.2 The creation of the additional floor on Chapel lane which increases the height of this part of the building also holds the potential to result in overshadowing. However, given its design/finish, the distance, the orientation/siting of the extension, and the fact that the roof would lean away from this neighbour, it is not expected that any impacts would be so adverse. Besides, this adjacent property serves a commercial unit, and there are limited windows on the rear of the adjacent properties to be impacted by the new development. Likewise, none of the windows on the affected elevation of the neighbouring property serve habitable rooms. Therefore, it is not considered the proposal would have a significant impacts upon neighbouring amenities, in terms of loss of light or overbearing impacts upon outlooks, to warrant a refusal.
• 7.6.3 In addition, it is considered that the creation of the new first floor terrace on the Peel Street elevation holds the potential to create overlooking concerns, as a viewing platform

• would be created on this space, where none currently exists. Notwithstanding the above, the site is within a town centre location where the proximity of buildings and the separating distance along the highway allows for some degree of mutual overlooking of neighbouring properties.
• 7.6.4 In terms of potential impacts resulting from the increase in the comings and goings associated with the ten new apartments, it is not considered that the proposed residential use will create a greater level of comings and goings relative to the previous use as a hotel or pub, although it is noted that these uses have been redundant for some time. It is also considered that given the absence of car parking within the site, the level of disturbance for the immediate vicinity is likely to be from pedestrian traffic which has less potential to cause concern, compared to vehicles which are generally noisier. Besides, the existing car park which is adjacent the site holds more potential to generate disturbances to the neighbours. Given the above, it is not considered that the proposal would cause significant disturbance to neighbours, sufficient to warrant a refusal of the application.

- 7.7 PARKING AND HIGHWAY SAFETY

• 7.7.1 In terms of parking provisions, there is no specific parking to be allocated for this development. Whilst this has the potential to create pressure on kerbside parking in the vicinity, Highway Services have confirmed that they have no objection so the impact on parking is considered acceptable.
• 7.7.2 It is also important to note that the property is within a public transport corridor and within walking distance to employment centres, and public facilities and spaces within Ramsey, and situated adjacent the Manx Electric Railway Station in Ramsey. As well, on street parking is a common feature within the vicinity with available on street and public parking provisions in the area are considered to be appropriate.
• 7.7.3 Furthermore, Appendix 7 of the Strategic Plan makes it clear that the Department would consider reducing the requirement for parking provisions should certain conditions be met, which includes the conversion of existing buildings to create new flats, particularly where such conversions involve the re-use of redundant building, such as the application site (See Paragraph A.7.1 of Strategic Plan).
• 7.7.4 Additionally, the scheme proposes to provide cycle storage facilities which would serve to further minimise reliance on cars and promote an integrated transport system (Strategic Policy 10), whilst promoting the Islands drive towards sustainable transport. Thus, it is considered that the proposal would satisfy the requirements of Transport Policy 7 and General Policy 2 of the Strategic Plan.

- 7.8 BIODIVERSITY IMPACTS

7.8.1 In terms of impacts on Biodiversity, there was initial concern that the demolition and alterations to the property could impact on habitat for legally protected roosting bats in the building, whilst also impacting on the potential of the building to house bats and their roost spaces. However, the scheme has been supported by a Bat Survey which found no evidence of bats within the building and concluded that roosting bats were not present, with the Ecosystem Policy Team advising that mitigation for bats is not required. As such, it is not considered that the scheme would result in the removals of ecological habitats within the site, or result in adverse impacts on legally protected species. Therefore, in this respect it is felt that the application has satisfied the principles of Environment Policy 4.

- 7.9 FLOOD RISK

• 7.8.1 In terms of flood risks associated with the development, it is noted that the site is within an area associated with high tidal flood risks, with the DOI Flood Risk Management maintaining the position not to support the scheme on the grounds that the proposal seeks to locate living accommodation on the ground floor in such an area, despite the applicants providing a flood risk assessment, with mitigation measures that seek to address potential flood concerns as required by Environment Policy 10.

• 7.8.2 Whilst the issues noted above weigh against the application, given the potential for flood impacts on the ground floor apartments, tidal flooding trends are easily predicted (unlike

fluvial floods), and there are warning systems for tidal flooding which can give up to two days' notice before a flood (as has been noted by the DOI Flood Risk Management Team in a previous planning application in a flood zone under PA 22/01212/A). As such, it is not considered that the location of the property in an area prone to tidal flooding is sufficient to warrant refusal of the application, particularly as adequate mitigation measures accompany the submitted Flood Risk Assessment.

• 7.8.3 In addition, the new windows to be introduced on the Peel Street and Chapel Street elevations would have their cills set at about 730mm from the existing pavement level which would be a plus of about 500-600mm over the existing openings on the respective elevations.

• As well, the site already has a building on site, with the scheme not seeking to increase the buildings footprint beyond that currently on site. Hence, it is not considered that the scheme would result in further displacement of flood water in the area, sufficient to exacerbate flood concerns for the site and surrounding area.

• 7.8.4 Perhaps, it would be vital to state that the policy test (as stipulated in EP 10 and EP 13) is whether the proposal would result in an unacceptable risk from flooding, either on or off-site, and not if flood risks exist. Therefore, it is considered that although flood vulnerabilities still exist with the site, as with any other residential properties in the area, the proposal is supported by a Flood Risk Assessment which sets out appropriate mitigation measures should floods occur, and it is not considered from the factors that have been considered in Paragraphs

• 7.8.2 and 7.8.3 above that the risk for future occupants of the ground floor apartments would be unacceptable, if the stipulated mitigation measures in the FRA are followed. Thus, it is considered that the requirements of Environment Policies 10 and 13 have been met in the current case. However, conditions would be imposed to ensure that the mitigation measures detailed in the Flood Risk Assessment and accompanying correspondence on flood matters are integral to the development of the site.

- 7.9 AFFORDABLE HOUSING PROVISION

7.9.1 As indicated by Housing Policy 5, the Department will normally require that 25% of provision should be made up of affordable housing when developments are of 8 dwellings or more. On this basis a total of 2.5 affordable units would generally be required given that 10 apartments are currently proposed. In this case the applicants have been in discussion with the DOI Housing Division and both parties have agreed that the applicant will provide a commuted sum of £14,309.63 in lieu of the 2.5 housing units that should have been provided. It is therefore considered that the commuted sum agreed in lieu of the 2.5 affordable housing units that should be provided is acceptable and satisfies the provisions of Housing Policy 5, although a Section 13 Legal Agreement will need to be agreed in this regard.

- 7.10 OPEN SPACE PROVISION

• 7.10.1 In terms of open space provisions for the new apartments, Recreation Policy 3 indicates that where appropriate, new development should include the provision of landscaped amenity areas as an integral part of the design. As such, 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.

• 7.10.2 With this scheme, the open space provisions should include formal, children's and amenity space provisions as the amenity space provision which measures about 64sqm is below the requirement for the proposed development. In accordance with the IoM Strategic Plan Appendix 6, the calculation for open space provisions for the 10 units, which includes 9 one bedroom units and a two bedroom unit, would require open space provisions measuring about 496sqm in total (9 x 1 bed units @ 48sqm = 432sqm, and 1 x 2 bed @ 64 = 64sqm). A breakdown would comprise 279sqm of Formal open space, 93sqm of Children's play area, and 124sqm of Amenity Space provision, which would mean that there is a shortfall of about 432sqm of open space provision.
• 7.10.3 Based on the foregoing, the applicant following discussions with the Ramsey Commissioners have agreed to provide a commuted sum of £5784 in lieu of the shortfall in the provision of the required open space, with the Commissioners indicating that this sum would be used for the maintenance and upgrade of existing facility. Whilst the specific facility has not

been specified, the Commissioners have indicated that the board would advertise clearly what the commuted sum is going to be used for as and when it comes in. Therefore, it is considered that the proposal would meet the aims of Recreation Policy 3. A Section 13 Legal Agreement will, however, need to be agreed in this regard.

- 8.0 CONCLUSION

8.1 For the reasons outlined above, it is considered that the planning application is in accordance with the aforementioned polices of the Isle of Man Strategic Plan 2016, the Ramsey Local Plan, Planning Circular 1/01, and the principles promoted by the Residential Design Guide 2021, and it is therefore recommended that the planning application be permitted. - 9.0 SECTION 13 LEGAL AGREEMENT

9.1 This application is recommended for approval subject to a Section 13 Legal Agreement for a commuted sum payment of £14,309.63 in lieu of 2.5 housing units, as well as a commuted sum payment in lieu of Open Space provisions of £5784. - 10.0 INTERESTED PERSON STATUS

10.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department

considers material;

• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department

considers material;

• (e) Manx Utilities where it has made written representations that the Department considers

material;

• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining

authority has made written representations that the Department considers material.

10.2 The decision maker must determine: o whether any other comments from Government Departments (other than the

Department of Infrastructure Highway Services Division) are material; and

• whether there are other persons to those listed above who should be given Interested Person Status.

10.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status

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 28.07.2025 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: Permitted Date: 08.04.2024 Signed : Presenting Officer

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