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Application No.: 09/00954/B Applicant: Seymar Developments Ltd Proposal: Erection of a building to provide retail and office space and six residential apartments with associated parking provision Site Address: Former Barry Curran Motor Dealership Site West Quay Ramsey Isle Of Man ### Considerations Case Officer : Mr Chris Balmer Expected Decision Level: Planning Committee Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose. Consultee : Clerk To The Commissioners Notes: Initial objection retracted 11.08.09 Consultee : Disability Access Officer Notes: Notes requested Consultee : Chief Environmental Health Officer Notes: Comment made Consultee : Mr P S Harrison Notes: Notes requested Consultee : Manx Electricity Authority Notes: Notes requested
The application site is the curtilage of the former Barry Curran Motor Dealership Site, West Quay, Ramsey, which is located on the southern side of West Quay and north of Auckland Lane. The site
currently consists of a large detached garage / workshop which varies in height from single storey to three storey in height.
The application site is within an area of 'Town Centre Use (mixed use)' under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998, hereafter referred to as the Ramsey Local Plan. The site is not within a Conservation Area.
Due to the zoning of the area and type of development, the following planning policies are relevant for consideration:-
Policy 1: Development should make the best use of resources by:
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.
Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: a) avoiding coalescence and maintaining adequate physical separation between settlements; and
Policy 6: Major employment-generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans.
Policy 9: All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park(1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8.
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:
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.
Policy 43: The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition.
Policy 4: New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
Policy 7: New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space
Policy 8: New office buildings should, in terms of height and mass, respect the scale and character of adjoining and nearby buildings and should accommodate parking space in accordance with the standards specified in Appendix 7 of the Plan.
Policy R/I/P5 Office Development:- New office uses may be located in the Town Centre (reference: Policy R/TC/P4) and the Mooragh Promenade area (reference : Policy R/I/P6).
The following previous planning applications are considered relevant in the assessment and determination of this application:-
Erection of a building to provide retail and office space and seven residential apartments with associated parking - 08/01012/B - APPROVED
Conversion of existing covered coal yard/wool shed to car parking and display area in relation to adjacent Barry Curran Motors, with installation of new vehicular entrance doors and signage 04/00854/B - APPROVED
Change of use of agricultural repair shop to motor vehicle repair shop (to be used in conjunction with adjoining showroom) - 00/00890/B - APPROVED
Change of use of warehouse to car sales and associated workshop, building occupied by Corlett Sons \& Cowley, 26a West Quay, Ramsey - 97/00421/C - APPROVED
Alterations and conversions to form sales area and associated offices, No. 27 and warehouse premises, Corner of West Quay and Christian Street, Ramsey - 85/00175/B - APPROVED
The application seeks approval for the erection of a building to provide retail and office space and six residential apartments with associated parking provision.
Ramsey Commissioners have supported the scheme but make the following observations:- "The site which is the subject of this application is within an area which has previously been the subject of tidal flooding and therefore any development should take cognisance of this matter and provide suitable flood protection measures.
Vehicular access is indicated from West Quay to the rear car park via an arched access, however such access would not be suitable for refuse collection vehicles which would have to use Auckland Lane for collection of wheeled refuse bins. The bin store as indicated should be relocated to an area adjacent to Auckland Lane to provide suitable access for refuse collection services.
No drainage details have been submitted as part of this application." The Department of Transport Highways Division:- "Do not oppose" 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 Disability Access Officer 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 Chief Environmental Health Officer makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.
The Authority has received no privately written representations objecting to the applications.
The key issues in this application are:-
As stated previously the site is zoned as being within an area of 'mixed use' located within the town centre. The proposal would provide two retail units at ground floor level, and commercial areas at first floor, second floor and third floor. Two apartments would be located at 1st floor; two apartments at 2nd floor, with two apartments at 3rd floor level which are penthouse apartments which continue into the roof space.
Planning permission was granted for the previous scheme, which included the same uses as this proposal. Consequently, it is considered the principle of use classes proposed are acceptable.
Impact upon the residential amenities of the surrounding properties The properties most affected by the proposed development would be the adjacent building Thurwood Place, which is located east of the application site on the opposite side of Christian Street. The property is a four storey building which has previously had permission for the conversion of the existing warehouse to 4 self-contained flats \& provision of ground floor office space.
The potential impacts relate to loss of light, overlooking resulting in a loss of privacy and/or a significant overbearing impact upon the outlook of the occupiers of Thurwood Place.
Starting with the potential impacts the development would have upon the ground floor retail / office unit and car parking area. As the unit and car parking is a non-residential use, the impact upon the ground floor of the properties would be considered acceptable.
The 1st, 2nd and 3rd floors of Thurwood Place each accommodate an apartment. There is an additional fourth apartment at 1st floor level, however, this is located on the eastern side of the main block of Thurwood Place and therefore would not be affected by the potential impacts.
Starting with the 1st floor apartment, there are a total of seven windows (west elevation) which look towards the application site. Of these windows, three serve bedrooms, two serve a hallway and two serve the dining and lounge area.
The dining and lounge area also benefits from a total of three additional windows, one of which is a bay window. All three windows look towards the harbour and quayside.
The 2nd floor and 3rd floor apartments also each have a total of seven windows within the western elevation of Thurwood Place. Of these two serve a bedroom, three serve a hallway and two serve the dining and lounge area for each apartment. Again, the dining and lounge areas benefit from the three windows looking towards the harbour and quayside.
It is considered the primary habitable rooms would be the dining and lounge areas. As stated the three rooms are served by the larger primary windows. The remaining windows either serve hallways or bedrooms. Neither of these room types would be categorised as primary habitable rooms. It is therefore considered that the proposal would not result in a significant loss of light to the primary habitable rooms to warrant a refusal on these grounds.
Additionally, given the established street pattern and the distances between properties in the vicinity, it is considered that the proposed outlook and available light would be acceptable and that although there would be a reduced level of amenity it would not be such that would warrant a refusal.
Again due to the room types, and as the habitable rooms have views over the harbour and quayside, it is not considered the proposal would have an overbearing impact upon the outlook of the occupiers of the apartments within Thurwood Place.
The main alteration of the proposal is the increase in width of the eastern part of the building from 14.5 metres to 18.5 metres in width. This has no impact upon the neighbouring properties, in particular Thurwood Place, as the increase in width is inwards of the site.
Regarding the potential for future occupiers of the development overlooking Thurwood Place, resulting in a loss of privacy, the 1st, 2nd and 3rd floor window positions have been designed so that no direct overlooking would occur. The positions of the proposed windows are aligned with the gable wall of Thurwood Place, therefore looking directly at a blank gable wall. Additionally it is considered due to the relative small size of the eastern elevation windows of Thurwood Place any angled views that may occur would be sufficiently limited.
For these reasons it is considered that no significant impacts would occur upon the residential amenities of the occupiers of Thurwood Place, especially upon the primary habitable rooms of these apartments.
It should also be considered that the current use of the site is a workshop associated with car repairs and a large car showroom. The proposed use of retail, office and apartments would arguably be more appropriate next to residential development compared to the existing use.
Adequate parking provision / road standards The application proposes a total of fifty five car parking spaces. Of these twelve are associated with the apartments. This standard of provision would comply with the car parking standards as laid out in the Isle of Man Strategic Plan, as the requirement for new apartments requires two spaces being provided for two or more bedrooms.
Forty three spaces would remain for the office use and the retail use. Under the Isle of Man Strategic Plan the parking provision for offices within town centres is 1 space for every 50 square metres. The office floor area as proposed would therefore require a total of forty six spaces. This leaves a shortfall of 3 car parking spaces. However, the parking standards do allow the standards to be relaxed. It is considered, given the site is with a town centre location close to public car parking facilities, on road parking along Parliament Street, but especially on street parking along the West Quay side, the proposal having a shortfall of 3 spaces would not have a significant adverse impact upon on street parking in the area.
The retail arm of the proposal, which under the parking standards for town centre shops require space for service vehicles use only. The standard does not state that any parking spaces are required.
The site is also close to Ramsey Bus Station which has a number of public transport links to the whole Island.
The Highway Division have considered the application, and assessed the potential impact of the proposal upon the area. They have no objection to the application.
It is therefore considered the proposed parking standards would be appropriate for this development. Visual impact on the street scene and the adjacent Registered Building
The application site is not within a Conservation Area. It is considered the existing property does not add to the character of the street scene, but in fact detracts from the appearance.
The proposal whilst larger in scale and massing, is considered to be in-keeping given the replication of the large gable facing, pitched roof aspects, inspired by Thurwood Place (Registered Building Nr 139) and the neighbouring property 33 West Quay (Farmers Combine) to the west (permission has been recently granted for an approval in principle for the building to be replaced).
The finish of the proposal would be a mixture of Manx Stone and render with a natural slate roof. The rear elevation would be plainer and less traditional in appearance, however is still considered appropriate in this location.
Consideration is also required to ensure the proposal would not have an adverse visual impact upon the adjacent Registered Building 'Thurwood Place'. It is considered given the proportions, massing, scale and finish; the proposal would not detract from the Registered Building but enhance the property, especially given the appearance of the existing building on the site.
The proposal is very similar to the pervious approved scheme. Therefore, it is considered the proposal would be beneficial to the appearance of the street scene.
Amenity provisions for occupiers of proposed residential dwellings The proposed six apartments would each be provided with two car parking spaces. Three of the six apartments would have three bedrooms while the remaining three would have two bedrooms. All apartments would have more than adequate living accommodation. All the apartments would have views towards the harbour and the quayside.
For these reasons it is considered future occupiers would benefit from acceptable amenity standards. Affordable Housing provision Under Housing Policy 5 with developments of 8 or more dwellings a provision of affordable housing is required. This development only proposes six dwellings and therefore does not meet the criteria of Housing Policy 5.
It should be noted however, that in the event that further application/s is/are submitted then the TOTAL number of units created would be considered and not the increase between the 7 in this and the total.
Another issue to consider is the potential of tidal flooding of the site. A condition was attached to the previous approved application which required a scheme which indicated flood prevention measures. The applicant has indicated that such a scheme might include flood barriers which could be installed along the windows and door openings. It is therefore considered such a condition should also be attached to this application. Additionally, the floor levels of the ground floor commercial units are raised above the footpath level by 0.2 metres which would further protected against flooding. It should also be noted that the ground floor units are commercial, and until recently a commercial business has been operating from the site.
It is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007), for the reasons set out in this report, accordingly, it is recommended that the application be approved.
It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:- Ramsey Commissioners
The Department of Transport Highways Division The Drainage Services Manager It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:-
The Disability Access Officer The Manx Electricity Authority The Chief Environmental Health Officer
Recommended Decision: Permitted
Date of Recommendation: 14.08.2009
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the erection of a building to provide retail and office space and seven residential apartments with associated parking as proposed in the submitted documents and drawings 1540/06-01A, 1540/06-50C, 1540/06-100C, 1540/06-101C, 1540/06-102C, 1540/06-103C, 1540/06104 C and 1540/06-40-42 all received on 2nd June 2009.
C 3. Prior to their use within the development, there must be submitted to and approved in writing by the Planning Authority, samples of the external finishes of the building. The building shall not be finished externally except in accordance with the details so approved.
C 4. No development may commence on site until the Planning Authority has agreed in writing a method statement for the construction of the proposed development. Such method statement should include details of the hours of operation, the construction traffic and parking arrangements and the operation of any building compound. Development shall not proceed except in accordance with the method statement so agreed.
C 5. Prior to the occupation of any of any part of the building, the accesses onto West Quay and Auckland Lane are to be completed to the required standard of the Department of Transport Highway Division and all the hard standing to the rear of the building is to be completed to allow the required parking provisions to be used. The parking spaces shall not be used other than for car parking.
C 6. Prior to the commencement of any works, there must be submitted to and approved by the Planning Authority a proposed scheme indicating flood prevention measures which would be implemented in the event of flooding of the area.
N 1. Any proposals for external signage must form the subject of a separate application under the Advertisement Regulations.
N 2. Prior to the commencement of any works the applicant is asked that a Photographic survey be undertaken of the "Belfast Trusses" within the warehouse on the corner of West Quay and Christian Street and submitted for permanent record to the Planning Authority.
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
YES/NO addsoral condition Disable parking - bin storage to acesr acitand bne
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