Planning Officer Report Recommendation

Application No.: 09/00415/A Applicant: Corner Filling Station Proposal: Approval in principle to demolish existing buildings and erection of a block of ten apartments with associated parking Site Address: Corner Filling Station Junction Of Waterloo Road & Approach Road Ramsey Isle Of Man IM8 1EB Considerations Case Officer : Mr Chris Balmer Expected Decision Level: Planning Committee Written Representations 23 St Pauls Mews Ramsey Isle Of Man IM8 1EE Objects to the proposal Abbey Properties Limited Room 101 St Pauls Square Interest expressed Ramsey Managing Director ZipAddress Limited Lough House Objects to the proposal Approach Road 15 St Paul's Mews Ramsey Isle Of Man IM8 1EE Objects to the proposal 50 Waterloo Road Ramsey Isle Of Man IM8 1DZ Objects to the proposal Mysore Cottages 41 Waterloo Road Ramsey Isle Of Man Objects to the proposal Consultations Consultee : Highways Division Notes : Do not oppose. Consultee : Clerk To The Commissioners Notes : Objection - see correspondance. Consultee : Estates & Housing Directorate Notes : Comments received 15 July 2009 09/00415/A Page 1 of 8 Consultee : Disability Access Officer Notes: Comments received Consultee : Office Of Architecture Notes: Memo. Consultee : Manx Electricity Authority Notes: Comments received

Officer's Report

Site

The site represents the land adjacent to the Corner Filling Station at the junction of Waterloo Road and Approach Road, Ramsey, which is a parcel of developed land located on a corner plot with Waterloo Road to the south of the site and Approach Road to the east.

Land Use Zoning / Planning Policies

The application site is within an area recognised as being an area of 'Predominately Residential", under the Ramsey Local Plan. The site is not within a Conservation Area. The site is adjacent to Registered Buildings, Lough House (Nr 88), northeast of the application site, as are 37 - 43 Mysore Cottages (Nr10); and the Ramsey Youth Centre (nr 87) is to the northwest of the site.

The following policies are considered relevant in the consideration of this application:

• Ramsey local Plan 1998 - Planning Circular 2/99;
• The Isle of Man Strategic Plan (20th June 2007) - Strategic Policy 1, 2, \& 4, Environmental Policy 42, General Policy 2 and Transport Policy 7; and
• Planning Policy Statement 1/01 - Policy RB/5

Due to the zoning of the site the following policies are relevant for consideration:- Strategic Policy 1: Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and re-using 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.

Strategic Policy 2: New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.

Strategic Policy 4: Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest;
• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
• (c) not cause or lead to unacceptable environmental pollution or disturbance.

General Policy 2: "Development which is in accordance with the land-use zoning and

proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (1) 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."

Environment Policy 42: New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans.

Housing Policy 5: In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more.

Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

Recreation Policy 3 of the Strategic Plan requires the provision, where appropriate for recreational and amenity space, either on-site or by a commuted payment for off-site provision.

Policy Rb/5:

"In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special

architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative affect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

PLANNING HISTORY The following previous planning applications are considered relevant in the assessment and determination of this application:

Approval in principle to demolish existing buildings and erection of five dwellings with associated parking - 09/00414/A - PENDING CONSIDERATION

Approval in principle for the demolition of existing buildings and erection of six town houses with associated on site car parking - 08/01681/A - REFUSED for the following reason:-

1. "The proposed development by reason of its extend and scale would result in an over intensive use of the site, evidenced in particular by:-

i) The unacceptable parking layout contrary to Transport Policy 7 of the Isle of Man Strategic Plan; and ii) Unacceptably low standards of external amenity space which would impact adversely upon the residential amenity of future occupiers of the dwellings, contrary to General Policy 2 of the Isle of Man Strategic Plan."

Approval in principle for the demolition of existing building and erection of a block of sixteen apartments with associated on site parking - 08/01680/A - REFUSED for the following reason:-

1. The development due to its massing, design and height in a prominent position within the street scene would introduce a visually intrusive feature in this location and as such would have a detrimental impact on the visual amenities on the street scene and would detract from the appearance and setting of the adjacent Registered Buildings contrary to General Policy 2 and Environmental Policy 42 of the Isle of Man Strategic Plan and Planning Policy Statement 1/01 POLICY RB/5.
2. The overdevelopment of the site would result in an unacceptable parking layout contrary to Transport Policy 7 of the Isle of Man Strategic Plan, which would be detrimental to highway safety.
3. Parking for four private motor vehicles to the front of the Waterloo Road elevation of the building line would create a poor outlook for neighbouring residents, would detract from the visual amenity of the area and would create an unwanted precedent.
4. Parking for four private motor vehicles to the front of the Waterloo Road elevation of the building line would result in users reversing into Waterloo Road, which would have a significant adverse impact upon highway safety to Waterloo Road which is a main route into and out of Ramsey. Additionally, the parked vehicles would obstruct users visibility when exiting the site onto Waterloo Road and therefore creating an additional impact upon highway safety.
5. The proposed development makes no provision for Affordable Housing and is therefore contrary to Housing Policy 5 of the Strategic Plan.
6. Contrary to the requirements of Recreation Policy 3 of the Isle of Man Strategic Plan the proposed development makes no provision for recreational and amenity space, either on-site or by a commuted payment for off site provision."

Retrospective application for the use of part of garage for the operation of a taxi phone dispatch centre - 06/01469/C - REFUSED on the following ground:-

1. "The operation of a taxi business as proposed would result in activity, some of which would be at anti-social hours, and cause disturbance and nuisance to local residents."

Conversion of part car showroom and filling station to create car repair, tyres and exhaust centre 99/00527/B - APPROVED

Alterations to provide new facilities - 90/01932/B - APPROVED

Proposal

The application seeks approval in principle to demolish existing buildings and erection of a block of ten apartments with associated parking.

Representations

The Ramsey Commissioners have objected to the application which can be summarised as; over intensive use of the site, in terms of footprint and height; the three storey property would dominate the adjacent properties and have a detrimental effect on the streetscape in this area; whilst the proposal indicated 10 one bedroom apartments there is concern that the room designation within the units could provide a 2nd bedroom which would result in insufficient car parking; and the proposal should be no higher than the height of Lough house and should be a maximum of four properties.

Highways Division : "Access to car park and garages are too small. The access would need to be widened to 4.1 metres for the first 6 metres. This will also increase garage for space No. 10.

If access remains narrow there will not be enough space for 2 vehicles to enter and leave car park leading to vehicles stopping on public highway contrary to the interests of Road safety."

The Drainage Services Manager makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.

The Manx Electricity Authority makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.

The Disability Access Officer comments that it is good practice to have a lift in a building of this size. The owner/occupier of 50 Waterloo Road, Ramsey, have objections to the application which can be summarised as; over use of site; 10 apartments mean 20 cars plus; and parking is already limited in this area, an increase would be a real problem.

The owners/occupiers of Lough House, Approach Road, Ramsey, have objections to the application which can be summarised as; overdevelopment of the site; and more than two storey buildings would be out of keeping with the Registered Buildings.

The owners/occupiers of 15 St. Pauls Mews, Ramsey object to the application on grounds which can be summarised as: cause further parking problems which is already an issue in the area.

The owners/occupiers of 23 St. Pauls Mews, Ramsey object to the application on grounds which can be summarised as: cause further parking problems which is already an issue in the area.

The owners/occupiers of 41 Mysore Cottages, Waterloo Road, Ramsey, have objections to the application which can be summarised as; over intensive use of the site; the proposed height would be intrusive to the neighbouring residential properties; look out of place alongside the two adjacent Registered Buildings an the area.

Abbey Properties Limited has no objection to the application at this stage but has indicated that permission has to be sought to allow access to the rear of the development through their land.

Assessment / Recommendation

Material planning matters which required consideration are:-

1. Principle of Development;
2. Visual impact upon the street scene and the Registered Buildings;
3. Residential amenities for future occupiers;

1. Highway / parking issues; and
2. Potential impacts upon neighbouring amenities.

Principle of Development

The site is within an area zoned as predominately residential. The existing filling station/garage has an adverse visual impact upon the street scene and upon the adjoining properties. It is therefore considered that residential development of this site would be acceptable, beneficial and more appropriate than the previous uses.

Visual impact upon the street scene and the Registered Buildings The application is only in principle, and therefore we do not have a full detailed plan showing all elevations of the proposal. The submission does include a typical elevation of the proposal when viewed from Waterloo Road. The proposal would appear to have taken the appearance of the neighbouring property Ramsey Youth Centre which is a Registered Building, and also the Mysore Cottages into account. It is considered the appearance of the proposal as shown would be appropriate and would be in keeping with the adjacent properties and upon the visual appearance of the street scene.

The main issue with the proposal would be the impact upon the adjacent properties due to the massing and proportions of the proposal. From studying plans which have been submitted for the Ramsey Youth Centre in the past, the maximum ridge height of the property is 8 metres (main hall roof). The part of the building closest to Mysore Cottages has a ridge height of 5.8 metres. There are no scaled plans of Mysore Cottages and therefore it is not possible to give a precise height, however, it is considered the Cottages would appear to be approximately 5.5 / 6 metres in height.

The application proposes 10 apartments and from the submitted indicative plan the apartments would be set over three storeys. The indicative elevation shows a roof ridge of 12.6 metres. At this stage due to the amount of detail submitted it is not considered a full assessment can be made on the massing or proportion in relation to the neighbouring properties or upon the street scene, however, the principle of the proposals being higher than the Youth Centre is considered acceptable, especially given the previous application (08/01681/A) was not refused on this ground.

Regarding the potential impact upon the adjoining Registered Buildings, Planning Policy Statement 1/01 - POLICY RB/5 and Environmental Policy 42 are required to be considered. As stated the application is only an approval in principle, therefore without full elevation and plan details it is not possible to make a full assessment. However, it is considered the style, design and the proposed finish would be appropriate and in keeping with the adjacent Registered Buildings and the street scene.

The Conservation Officer has also considered the proposal and has no objection to the design or size at this stage.

Residential amenities for future occupiers The proposed apartments have little in the way of external amenity space, which is generally accepted for this type of development. The indicative plan does show floor plans of the ground floor, upper floor and the top floor plan. At this stage as the plans are indicative and as not all floor plans have been indicated, it is not possible at this stage to assess whether all the apartments have acceptable amenities. However, from the apartment plans which have been shown the internal amenities would seem to be acceptable.

Highway / parking issues As indicated by Transport Policy 7, all new development must comply with the Isle of Man Strategic Plan Parking Standards. For one bedroom apartments ( Nr 12) one parking spaces is required to be provided. For a two bedroom apartment ( Nr 4) two parking spaces are required. The proposals indicate 10, one bedroom properties, which would relate to 10 off street parking spaces. However, the Commissioners, and the Department have concerns that the layouts and size of some of the units

could quiet easily be altered to provide two bedroom units, through the conversion of the dining rooms into a 2nd bedroom. This would not be possible with all 10 apartments, but would apply to six apartments, as the remaining four would only be one bedroom units. Therefore this could relate to a total of 16 off street parking spaces being required.

Whilst this application is an approval in principle and not a detailed application, it does seek approval for 10 units, which may or may not be 2 bedroomed. The application hhas indicated a likely floor layout and it is appropriate that a decision be made taking these factors into account.

The Department considers the approach indicated by the Commissioners is correct. If a scheme was approved as indicated, it would be unenforceable to require the dining room to remain and not be altered to a 2nd bedroom. Therefore, the proposed scheme would require at least 16 car parking spaces within the site. It is apparent that such provision could not be accommodated within the site and therefore it is considered the proposal would be contrary to the required parking provision as indicated within the Isle of Man Strategic Plan. The Strategic Plan does indicate that the standards maybe relaxed where it is demonstrated the proposal would not result in unacceptable on street parking in the locality. The submission has not proven that the proposal would not have an impact upon existing parking in the area. Also it is apparent given the letters of objection, there is an existing problem with parking in the area and therefore given these reasons it is considered any proposal should provide the required parking provisions.

Potential impacts upon neighbouring amenities The directly adjoining properties, the Ramsey Youth Centre and Lough House, are not residential properties. The residential properties most likely to be affected would be the dwellings directly opposite Waterloo Road and Approach Road. Additionally, the properties to the rear might also be affected. A full assessment of the impact of the external appearance, design and means of access are not for determination at this stage.

Recommendation

In conclusion, whilst the submission has overcome the majority of concerns of the previous application (08/01680/A), there is still concern that 10 apartments as indicated would not provide the required parking provision and therefore contrary to General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan. It is recommended that the planning application be refused. PARTY STATUS It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:-

Ramsey Commissioners Department of Transport Highways Division Department of Transport Drainage Division The owner/occupier of 50 Waterloo Road, Ramsey The owners/occupiers of Lough House, Approach Road, Ramsey The owners/occupiers of 15 St. Pauls Mews, Ramsey The owners/occupiers of 23 St. Pauls Mews, Ramsey Abbey Properties Limited The owners/occupiers of 41 Mysore Cottages, Waterloo Road, Ramsey It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:-

The Manx Electricity Authority The Disability Access Officer

Recommended Decision: Refused

Date of Recommendation: 14.07.2009

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

R 1.

The proposed development would be contrary to General Policy 2 and Transport Policy 7 of the Isle of Man Strategic Plan 2007 in that the proposed car parking provision is inadequate to meet the needs of the development and this would be likely to result in increase pressure for parking on surrounding streets to the detriment of residential amenity and highway safety.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made : Committee Meeting Date :

Signed : Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YE9/NO