DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 23/00832/B Applicant: Brillig Investment Limited Proposal: Conversion of ground and first floor units to create 2 additional apartments including alterations to external elevations including new windows, doors, render and stone cladding Site Address: 3 West Quay Ramsey Isle Of Man IM8 1DW Photo Taken: 13.09.2023 Site Visit: 13.09.2023 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 12.03.2024

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. The 2 No. cycle stores as shown on the approved site layout plan and as per the submitted details, shall be provided on site prior to the first occupation of the development, hereby approved, and shall thereafter be retained for the lifetime of the development.

Reason: To ensure that adequate cycle provision is made on site to serve the development in the absence of any other on-site vehicle parking provision.

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.

_______________________________________________________________ Interested Person Status – Additional Persons

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

Flood Management Division (DOI)

Officer’s Report

THIS APPLICATION IS REFERRED TO THE COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT

1.0 THE APPLICATION SITE - 1.1 The application site relates to the existing 4-storey structure at 3 West Quay, 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 (Old Post Office Lane) running to the west side of the building from which there is access to the building as well as from the front on West Quay. The ground floor to which the application relates is currently an empty shop. It was previously used as a dental surgery. - 1.2 The site is situated within the Ramsey Conservation Area.

2.0 THE PROPOSAL - 2.1 The application seeks planning approval for the "Conversion of ground and first floor units to create 2 additional apartments including alterations to external elevations including new windows, doors, render and stone cladding". The proposed plans show the following accommodation: Ground floor: 2 Bedrooms with en-suite shower rooms/wc; kitchen/lounge; plant room/store; stairwell and lobby to rear; First floor: Bedroom; plant room; shower room; store; kitchen /lounge; Cleaners store for apartment

3; 3 No. separate staircases; Juliet Balcony to rear; Second floor: Master bedroom with separate bathroom; 2nd bedroom with en-suite shower room; Dressing area; 2 No. separate staircases; Juliet Balcony to rear; Third floor: Bedroom with separate shower room; Plant room; kitchen and lounge, with 1 x staircase down to lower floors; Juliet Balcony to rear;

2.2 The following amendments and updated information have been received since the application was first submitted:

• o Details of vertical bike storage lockers (30/11/23);
• o Flood Risk Assessment (30/11/23);
• o Letter dated 10/1/24 in response to FRMD email of 4/12/23, confirming the following levels in relation to the D02 datum as:

• - Pavement in front of the entrance door - 4.71m
• - Entrance door threshold level - 4.86m
• - Proposed Ground floor level - 5.14m

• o Drawing No. 03 Rev. B - revised proposed elevations including retention of Manx Stone as existing to the west elevation facing Old Post Office Lane; and, Revised site location plan amending site edged red (scale 1:1,250) - received 9/2/24;
• o Drawing No. 04 Rev. A - proposed Floorplans received 9/2/24;
• o Drawing No. 01 Rev. A - Revised existing site location plan amending site edged red received 9/2/24;
• o Revised Drawing Register - received 9/2/24;
• o Covering letter dated 1/2/24 that "The proposed render and Tier stone cladding to the West Elevation has been removed from the scope of the works. The existing Manx stone finish will be retained to this elevation.

• o Covering letter dated 9/2/24 that: "The As Existing Floor & Site Plans have been updated to include the external rear yard and the Proposed Floorplans and Site Plans have been updated to include the proposed bike storage requested by the Highways Department. "
• o Covering letter dated 9/2/24 that: "The As Existing Floor & Site Plans have been updated to include the external rear yard and the Proposed Floorplans.

- 3.0 PLANNING HISTORY

3.1 13/90973/C - Change of Use of ground floor retail shop and internal alterations to create a new Dentists Surgery at 3 West Quay & 1 Old Post Office Lane, Ramsey - Permitted - 01.10.2013 - 3.2 13/01158/D - Erection of non-illuminated signage at 3 West Quay & 1 Old Post Office Lane, Ramsey - Permitted - 23.12.2013. - 3.3 04/02366/C approval granted for a change of use from office/show room to a therapy room at 3 West Quay, Ramsey - Permitted - 14.01.2005

- 4.0 PLANNING POLICY

4.1 The area is identified as being part of the Town Centre (in mixed use) by the Ramsey Local Plan 1998. In the Ramsey Town Plan, the following polices are of relevance: - 4.2 RT/P/1 - Tourist Accommodation Facilities. This Policy Reads: "6.11 Where feasible the retention of existing tourist accommodation facilities is preferred. Any proposals to increase the provision on existing sites or to provide accommodation on new sites will be considered on their merits, with particular regard to visual impact, potential increase in traffic generation, the need for additional parking and proximity to residential areas." - 4.3 R/TC/P4 - Offices - This Policy Reads: "9.19 There will be a general presumption in favour of ground floor office use in both Auckland Terrace and Water Street." - 4.4 Policy R/TC/P5 - East Quay and South Promenade - This Policy Reads: "9.20 The area north west of Neptune Street shall be used for harbour related purposes only. There will be a presumption in favour of rehabilitation/redevelopment of warehouses and the cement silo to allow for through traffic from Quayside delivery to on Island redistribution in conjunction with a revised Traffic Management Scheme. This shall, however, be subject to the retention of the existing frontages of the Brookdale Engineering and Mezeron Building, with the prohibition of porta cabins and other temporary buildings." - 4.5 Strategic Plan policy SP1 advises: "Strategic Policy 1: 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 reusing 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."

4.6 General Policy 2 of the Isle of Man Strategic Plan 2016 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 2016 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.'

4.7 Environment Policy 35 of the Isle of Man Strategic Plan 2016 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.'

4.8 Housing Policy 17 of the Isle of Man Strategic Plan 2016 states: "Housing Policy 17: 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.

4.9 Community Policy 2 of the Isle of Man Strategic Plan 2016 is considered relevant:

'New community facilities should be located to serve the local population and be accessible to noncar users, and should where possible re-use existing vacant or underused buildings.'

4.10 Transport Policy 7 of the Isle of Man Strategic Plan 2016 is relevant:

'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'

4.11 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. - 4.12 In the Draft Area Plan for the North and West - Published 24th June 2022 - the site is shown on 'Draft Proposals Map 5 RAMSEY TOWN CENTRE' as being located within the 'East Quay' character area. The Plan text advises generally as follows:

"9.3.4 Ramsey - The town centre in Ramsey is vulnerable to flood risk, particularly along the East Quay. Under-investment in quayside buildings has resulted in vacant properties and under-occupied urban sites that mar the public face of Ramsey. Consequently, there is a need for regeneration of these sites, together with sympathetic flood risk alleviation measures and public realm improvements, so as to enhance the public face of the town centre and bolster the local economy.

• 9.3.5 Setting out Town Centre Mixed Use Areas in Ramsey, defining a town centre boundary and providing suitably worded Town Centre Proposals provides a focus for both public and private sector investment and support a variety of uses that allows for greater flexibility to better respond to changing market demands. Providing greater flexibility of uses can be used as a mechanism to support viable regeneration initiatives in those areas where it is desirable to encourage regeneration, and to bring vacant premises back into commercial use, thereby enhancing the public face of the town."

4.13 The Draft Area Plan advises specifically in relation to the East Quay Character Area as follows:

"9.8.1 MUA 1 The Quayside: East Quay (situated to the east of East Street). This supports commercial shipping and mixed uses within quayside buildings. Typical uses to lower floors include food and drink, retail and service uses. Residential uses are found in some upper floors, together with storage. This area is exposed to tidal flooding.

Town Centre Proposal 1a: East Quay Character Area, Ramsey

• 1. A clear delineation between commercial shipping uses operating on the East Quay and commercial uses within quayside buildings should be maintained;
• 2. Shops, financial and professional services or food and drink uses are acceptable within quayside buildings. Residential use to upper floors of warehouse buildings is an acceptable alternative to shop storage;
• 3. Future uses should support an extended economy into the evening hours;
• 4. Where possible, existing historic quayside buildings should be retained and renovated, and vacant premises brought back into re-use. Sympathetic modifications to quayside buildings that help to minimise flood risk and promote inclusive access will be supported;
• 5. Where demolition and new build is proposed in this character area, the future design of such schemes must be resilient to flood risk, of high design quality and respond to the context of the vernacular character of the quayside buildings;
• 6. The inclusion of views from quayside buildings across the Harbour should be encouraged, and
• 7. Public realm improvements and sympathetically designed flood alleviation measures on the harbour side will be supported. Public realm design must take account of the location and be designed for longevity."

4.14 It is noted that the Draft Area Plan for the North and West has not progressed beyond its initial publication, and no examination in public of its content, policies and proposals has yet taken place. The weight that should be afforded to it, is therefore, minimal.

- 5.0 REPRESENTATIONS

5.1 Ramsey Town Commissioners - no comments had been received by the Report drafting stage. - 5.2 Highways Division - comments as follows (28/7/23):

"After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The site is located in a sustainable location being within Ramsey centre. Bins can be stored in the private rear courtyard as existing. The Applicant is advised to provide secure cycle parking spaces for residents to meet Active Travel objectives."

Following receipt of updated information from the applicants, the Highways Division commented (4/12/23): "Highway Services HDC have reviewed the updated information for planning application 23/00832/B dated 30 Nov 2023 online and consider the type of secure cycle parking facility proposed is acceptable in principle. However, at least two should be provided for the 2 new flats (one each) and the applicant should show where these would be provided on the layout plan. Therefore, additional information is needed or could be conditioned on permission."

5.3 DoI - Flood Risk Management Division (FMD) - 31/7/23 - comments: Defer and Object for the following reasons: "Defer - FRM require a full Flood Risk Assessment along with levels to Douglas o2 before any comment can be made. Object - Sleeping accommodation should not be on a ground floor in a flood zone and especially not for disabled use".

Following receipt of a FRA from the applicants DoI - FMD commented further on 19/12/23 advising that it 'Opposed' the application for the following reason:

"The property is at risk of tidal flooding with a flood height for the 1 in 200 year plus cc being

• 5.64mD02 for Ramsey we also recommend 300mm freeboard on this level. The FRA is not clear on the finished floor level to D02 datum. It states it is to be raised by 280mm and the OS datum is approximately 5.13m we need this figure to be accurate to D02 datum. The applicant's FRA does state mitigation measures which we support and would requested that these be conditioned. With regard to demountable flood barriers the issue we have with these is the deployment of these long term, where will they be stored how do you ensure that changing residents over the years nowhere they are and how and when to deploy them? There is deployment also supposes that the occupants are fit & healthy enough to fit the devices during a flood event and that there is a maintenance plan for the demountable barriers and their placements. What is the flood emergency plan for deployment? FRM are opposed to sleeping accommodation on the ground and basement floors of buildings in a flood zone. The proposed defences on quayside these have not yet been constructed and cannot be referenced as a source of protection the property."

5.4 No third party representations has been received by the Report drafting stage. REPRESENTATIONS ON BEHALF OF THE APPLICANT - 5.5 In an email date 20/12/23, the applicant advised: "Just a quick email to acknowledge receipt of the response from Highways & Flood team in relation to the additional information submitted (published on the planning website). We confirm we are happy for the position of the bike storage cabinets to be conditioned as part of the planning decision (there should be ample room in the rear yard to accommodate 2 cabinets). I have forwarded a copy of the Flood team response onto Neil at BB Consulting for his consideration but unfortunately he is on annual leave until tomorrow. Again we are happy for a planning condition to be imposed requiring a Flood Management Emergency Plan be prepared that can be included in the management contract for the building, detailing where the flood defence barriers are to be stored and how they are to be deployed in the event of a flood. Once I have spoken with Neil, we can respond accordingly in relation to the latest comments from the Flood team. I trust this is satisfactory however, should you require any additional information at this stage, please feel free to contact me." - 5.6 In a letter received on 1/2/2024, the applicant provided figures relating to floor levels relative to AOD Douglas, which are: "Pavement in front of the entrance door - 4.71m Entrance door threshold level - 4.86m Proposed Ground floor level - 5.14m".

5.7 These figures were forwarded to FMD on 16/2/24. No further comments had been received from the FRMD at the Report Drafting stage on 1/3/24.

- 6.0 ASSESSMENT PRINCIPLE OF DEVELOPMENT

6.1 The site is located within Ramsey town centre having previously been used as a Dentists Surgery. The surgery employed three full time staff and supported the local economy. The full application proposes the conversion of the ground and first floor units to create 2 additional apartments including alterations to the external elevations including new windows, doors, and the application of render and stone cladding to the external elevations. The site lies within the Ramsey Town Centre boundary opposite the harbour and is zoned in a mixed use area in the Ramsey Local Plan 1998.

6.2 The proposal involves a non-commercial on the ground floor in this town centre location where the previous use was for a dental surgery. The provisions of Ramsey Local Plan policies R/TC/P1 and R/TC/P4 need to be considered. Policies R/TC/P1 advises that there will be a general presumption in favour of retaining retail uses at ground floor level, however, the Policy does not specifically specify West Quay. Policy R/TC/P5 which relates to the East Quay Area (in which the site is located) indicates that there will be a presumption inn favour of the rehabilitation /redevelopment of Warehouses and the allowance of through traffic movements from Quayside delivery to on Island distribution. The Policy does not mention West Quay. The mixed use nature of the area and the lack of any specific policies relating to the provision of residential accommodation at ground floor, or any other level, in the Town Centre points to the consideration that the principle of the proposed use is acceptable.

DESIGN AND VISUAL IMPACT - IMPACT ON THE CHARACTER OF THE CONSERVATION AREA (GEN2 b), c), and e) and ENV35)

6.3 Environment Policy 35 sets out the policy in regards to development within a Conservation Area. The policy states that development would only be permitted within a Conservation Area if the development would preserve or enhance the character or appearance of the area and the area is protected against inappropriate development. The proposal involves external alterations to the building in the form of alterations to the external elevations including new windows, doors, and the application of render and stone cladding to the west side elevation at a height above ground floor level. - 6.4 On the north (front) elevation facing West Quay, the proposed changes would involve the retention of the existing painted render façade with changes to the windows involving the removal of the existing ground floor bay window and its replacement with a anthracite or white uPVC four casement window with top lights; a new composite double glazed front door; a pair of double, inward opening doors in the central position providing a Juliet Balcony at each of the first, second and third floors. The windows either side on the first and second floors are to be replaced in the existing apertures; whilst lengthened window apertures are to be placed either side of the balcony doors at third floor level to accommodate full height windows. These are proposed to be either anthracite or white uPVC units. The smooth rendered, painted finish is to be retained on the front elevation. - 6.5 On the west side elevation facing Old Post Office Lane that links West Quay with Parliament Street, the existing 9 No. window openings, 3 No. on each level (first, second and third floors) would be retained. These are proposed to have new window units in either anthracite or white uPVC inserted into them. A new composite double glazed door with side screens to each side would be inserted in the existing aperture of the front portion of the building. In the rear portion, which is inset slightly from the side passage, the existing window apertures would be retained and would have new, 2-light, horizontally split, window units in either anthracite or white uPVC inserted into them with bottom opening lights. A new anthracite or white uPVC curved bay window would be inserted in the ground floor 4-casement window aperture, and in respect of the entrance door, the existing timber surround would be removed to increase the width to 1,000mm of the opening with a

• new composite double glazed door inserted comprising new, 2-light, horizontally split, window units in either anthracite or white uPVC at first, second and third floor levels, and a non-opening window in the same materials at ground floor level.
• 6.6 It was originally proposed to treat the Manx stone finish of this elevation with a new smooth render, painted finish. Following discussions with the Case Officer, this element of the proposals was deleted, with an amended drawing received showing the existing Manx Stone finish being retained. This, it is considered, would preserve and enhance the character and appearance of the structure within the Conservation Area - albeit it faces a narrow alleyway, this is still a public thoroughfare/walkway that links Parliament Street with West Quay.
• 6.7 On the rear, south facing elevation, which is the least publically visible elevation, in the 4storey element of the building the existing window apertures would be retained with new windows inserted. In the 2-storey element, the ground and first floor window apertures would be retained, and these too would have new, 2-light, horizontally split, window units in either anthracite or white uPVC inserted into them with bottom opening lights. The existing render finish would remain.
• 6.8 On the east elevation (no public interest) one new, fixed, non-opening window would be inserted in to the existing aperture at second floor level, which would be in the same materials as those above. The existing stone/render finish would remain.
• 6.9 Overall, it is considered that these changes are acceptable on visual grounds and would not detract from the existing appearance and character of the property in this visually prominent corner location nor would it unduly harm the character and appearance of the Ramsey Conservation Area. The visual impact of the development is considered to be acceptable and would preserve the character and appearance of the property within the Conservation Area. This accords with the provisions of Policies GEN2 b) c) and e) and; Environment Policy 35 in the Isle of Man Strategic Plan 2016. RESIDENTIAL AMENITY (GP2 g) & HP17)
• 6.10 The proposal would result in the conversion of ground and first floor units to create 2 additional apartments. Each flat will have its general living space (living room and kitchen) at the front of the building and will utilise the existing window apertures with pleasant and open views from the respective living room areas to the front out over West Quay and the Harbour. The bedrooms will be at the rear of the building and each will have a window look out to the rear over the yard and outriggers, or onto Old Post Office Lane. While not perhaps a pleasant outlook particularly when compared to the front windows, in this case these windows are considered to be acceptable for the bedroom spaces.
• 6.11 Each flat would be accessed via their own door from the existing communal stairwell. While there is no outdoor amenity space provided. There is level access to West Quay and Old Post Office Lane with access to the various facilities offered by this town centre location. In terms of impacts on neighbouring residents' amenities, and the amenities of occupants of the application building, it is considered that no undue harm would arise and the development would be acceptable in accordance with the provisions of Policies GP2 and H17 in the Isle of Man Strategic Plan 2016. PARKING AND CYCLE PARKING (GP2, TP4 and TP7)
• 6.12 The Highways Division originally objected to the application on the grounds that the applicant had not satisfactorily demonstrated where the secure cycle storage facilities would be provided on the layout plan. The applicant has supplied a revised layout plan showing the position of these facilities, which is considered to be acceptable. The site is located in the town centre close to shops and facilities, and it is noted that there are both public car parks and time-limited, onstreet disc parking in the locality. In addition, bus stops and the Tram Station (seasonal) are within easy walking distance of the site. The provision of off-street parking can sometimes discourage more sustainable methods of transport by making parking too easy.

• NEIGHBOURS AMENITIES (GP2 and ENV22)
• 6.13 The proposal would not result in any obvious conflict with adjacent land uses and would not adversely affect neighbour amenity. FLOOD RISK (EP10)
• 6.14 The applicant has submitted a Flood Risk Assessment as normally required by policy. The proposal would not increase the risk of flooding elsewhere, as there is little by way of increase to the floor-space of the existing built form (cycle stores added). It would, however, create a more vulnerable use, given that part of the proposal is to provide a 2-bedroomed flat on the ground floor of the building.
• 6.15 DoI FRMD's objection to the scheme, originally, on the grounds that: "Sleeping accommodation should not be on a ground floor in a flood zone and especially not for disabled use", was noted. Subsequently, the applicant submitted a Flood Risk Assessment that was challenged by DoI FRMD and finished floor level figures for the ground floor flat were submitted in relation to those for AOD Douglas. FRMD advises that the proposals state the ground floor level is "to be raised by 280mm and the OS datum is approximately 5.13m we need this figure to be accurate to D02 datum." The applicant advises that the proposed ground floor internal level will be set at 5.14m. Elsewhere, (PA21/00547/B for new dwelling on a site the Underway at Port St Mary - approved 19/2/24), the DoI Flood Risk Management Team (FRMD) recommended that the finished ground floor level be set at 600mm above the 1 in 200 plus climate change flood level of 4.79m AD02. This would equate to a Finished Floor Level height of 5.29m above ODM. The applicants, in this case proposed an internal floor height of 300mm above ODM to 5.09m above ODM on the grounds that a 600mm height difference would very likely result in the building being higher than proposed and would thus fit less well in the streetscene.
• 6.16 In this case, for the PA23/00832/B application, the risk of flooding is not to other properties but would be contained within the building (which already exists). This risk of flooding would be to a finished GFL of 5.14m. This is in excess of 5.13m required by FRMD here, and furthermore, exceeds the 4.79m AD02 as outlined as being correct for the PA21/00547/B approval by 350mm.
• 6.17 FRMD's other concerns relating to demountable flood barriers and how to store and deploy them; that the occupants are fit & healthy enough to fit such devices during a flood event; the maintenance plan for the demountable barriers and their placements; and, what is the flood emergency plan for deployment?; are noted. It is also noted that the proposed flood defences on the quayside have not yet been constructed and should not be referenced as a source of protection the property.
• 6.18 It is considered that such issues should not preclude the grant of planning permission given the FFL would be above the predicted flood levels for a flood height for the 1 in 200 year plus climate change event. The planning system cannot dictate who occupies a residential property, unless a scheme is designed specifically for persons with certain needs, such as a disabled persons accommodation; assisted living; or there is an age restriction to occupancy (retirement homes for those aged 55 and above). In this case, no such restrictions are proposed, and in the event of a flood, given the town centre location adequate warning by word of mouth, or through local media and via weather forecasting, is likely to be given. Recommendations for flood resilience measures, have already copied to the applicant in FRMD's comments.

- 7.0 CONCLUSION

7.1 For the above reasons, it is concluded that the proposed development for the "Conversion of ground and first floor units to create 2 additional apartments including alterations to external elevations including new windows, doors, render and stone cladding", not result in undue harm to the character and appearance of the CA; and would be an acceptable level of development provided with sufficient amenity in its own right and without harm to the enjoyment of any neighbouring properties. It would accord with the requirements of DoI Highways , and the FRA and FFL figures provided indicate that the development would be above the predicted flood levels for a flood height

• for the 1 in 200 year plus climate change event. The proposal is considered to comply with Strategic Policy 2, General Policy 2, Housing Policies 4 and 17 and Environment Policies 10, 22 and 35 of the Isle of Man Strategic Plan 2016, and is recommended for approval.
• 8.0 RECOMMENDATION

8.1 It is recommended that approval is granted. 9.0 INTERESTED PERSON STATUS

9.1 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.

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

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : …Refused.. Committee Meeting Date:…25.03.2024

Signed :…………H LAIRD…………….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

PLANNING COMMITTEE DECISION 25.03.2024

Application No. : 23/00832/B Applicant : Brillig Investment Limited Proposal : Conversion of ground and first floor units to create 2 additional

apartments including alterations to external elevations including new windows, doors, render and stone cladding Site Address : 3 West Quay Ramsey Isle Of Man IM8 1DW Planning Officer Mr Hamish Laird Reporting Officer As above (correct manually if not the case officer) Addendum to the Officer’s Report At the Public Sitting, the Committee declined the recommendation of the Case Officer and determined to refuse the application Reason for Refusal

• R 1. The site is located on the quayside adjoining Ramsey Harbour and lies within in a High Risk Flood Zone in respect of tidal flooding. The proposed development is unacceptable because it would involve the provision of sleeping accommodation at ground floor level, where access to one of the two bedrooms serving the proposed ground floor apartment is set at street level; and, for the second bedroom, below street level, where it would be accessed via a set of three steps into the courtyard and access door with a level access serving this apartment and the first and second floor apartments above. In addition, no flood prevention measures or flood mitigation measures have been proposed as part of the development to avoid the potential for flood risk and consequent harm to the personal safety of occupants of the ground floor apartment. This is contrary to the provisions of General Policy 2 (l), and, Environment Policy 10 in the Isle of Man Strategic Plan 2016.
• R 2. The proposed development is unacceptable because it would result in the loss of the existing ground floor premises, previously used as a dental surgery, to a type of use appropriate at ground floor level, such as a shop, normally associated with the sites location within Ramsey Town Centre. This is contrary to the provisions of Business Policy 10 in the Isle of Man Strategic Plan 2016; and, Policy Town Centre Proposal 1a: East Quay Character Area, Ramsey, Part 2 which indicates that: "2. Shops, financial and professional services or food and drink uses are acceptable within quayside buildings. Residential use to upper floors of warehouse buildings is an acceptable alternative to shop storage;" in the Ramsey Local Plan 1998 (Planning Circular 2/99).