Erection of a building to provide retail and office space and seven residential apartments with associated parking
6 October 2021 · Committee
Former Barry Curran And Farmers Combine Site West Quay Ramsey IM8 1dl
The application sought permission to erect a three-storey building with a pitched roof along the northern boundary of the former Barry Curran Motor Dealership and Farmers Combine site on West Quay, Ramsey. Both previous buildings on the site had been demolished, leaving a gap site with perimeter fencing that was considered to detract from the character of the street scene. The new building would provide retail and office space with associated access, off-street parking, landscaping and drainage. The main planning issues assessed were the principle of development on this town centre site, the visual impact on the street scene and the nearby Registered Building (Thurwood Place, Nr 139), residential amenity, highway safety, flood risk, and ecology. The design drew on the character of the former Farmers Combine building and Thurwood Place, using large gable-fronting projecting elements and pitched roof forms. Flood risk was addressed through demountable flood defences and property-level protection panels, with conditions requiring final design details to be approved before work starts.
The committee approved the application because the proposal represents a suitable use on a prominent, previously developed town centre site, complies with the Isle of Man Strategic Plan 2016 and Ramsey Local Plan 1998, and no material considerations were identified that would justify refusal. Flood risk, highway safety, design impact, and ecology were all assessed and found to be acceptable subject to conditions.
directs development to existing settlements
Principle of Development
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. (1) Open Space is defined in Appendix 1. (2) Sustainable Urban Extensions are defined in Appendix 1 4.3.2 Appendix 3 to the Plan identifies the towns and villages, and also explains why the Department has rejected the idea of a new settlement, which was mooted in the Consultation Draft published in May 2000. 4.3.3 Each of our towns and villages has an ind ividual character arising not only from its geographical position and existing fabric, but also from its historical, cultural, and social background. This character should be protected and enhanced. Accordingly:
directs employment-generating development to existing centres
Principle of Development
Strategic 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. 4.4.2 To maintain a healthy and diverse economy, there needs to be sufficient land available for industrial, office and retail purposes. Accordingly:
direct retail and office development to town centres
Principle of Development
Strategic Policy 9: All new retail development (excepting neighbourhood s hops 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. 4.4.7 The definition of Corporate Headquarters includes offices for those companies using the new information technologies and/or who service other business park users (but specifical ly excludes financial and professional services to visiting members of the public including banks, building societies, estate agencies and betting offices). 4.5 Transport and Communications 4.5.1 There is a direct link between the location of new devel opment, its effect on the transport network and the provision of a more integrated transport network. Accordingly:
Office Development
Principle of Development
uch development should include provision for on site parking. The design approach should be sympathetic to adjacent Victorian structures in terms of architecture, scale and massing (reference: Policy R/I/P5). ## Public Utilities
West Quay
Principle of Development
nd between West Street and East Street may be permitted to provide for increased parking opportunities with access from side streets or West Quay. This is intended to support the provisions of Policy R/TC/P6. ## Policy R/TC/P9 Public Car Parks
Flood Risk Assessments
Flood Risk
irements of the relevant gas supply agency. Flood Risk 63 There was widespread concern about the adequacy of drainage and the risk of flooding, particularly in parts of Braddan, Onchan and Laxey. Environment Policy 10 of the Strategic Plan indicates that where development is proposed on any site where there is a potential risk of flooding, the prospective developer will be required to submit a flood risk assessment, together with details of proposed mitigation measures. This approach is reinforced in Utilities Proposal 6 of the draft Area Plan, which (among other things) requires the incorporation of Sustainable Drainage Systems (SuDS) into new developments, to attenuate the rate of surface water run-off. I consider these policies to be reasonable. Clearly, without adequate mitigation measures, new building should normally be resisted on land which is at serious risk of flooding, or where the proposed development would increase the flood risk elsewhere. 64 In my view, the format of Utilities Proposal 6 could be improved. First, as a Proposal of the Area Plan, I consider that it should be in a bold typeface, to differentiate it from the supporting text. (The same applies to a number of other policies e.g. Transport Policy 2, and Utilities Policies 2 and 5). Second, there appears to be an error of syntax at the start of the second sentence of Utilities Proposal 6, which should perhaps read 'Strategies to achieve this will include …'. Third, the third bullet point of this Proposal introduces SuDS. Subsequent bullet points describe features of SuDS, and are therefore subordinate to the third bullet point. For clarity, I consider that they should be indented. I recommend that the draft Area Plan be modified accordingly. Sewage Treatment 65 There was also some public concern about the adequacy of the sewerage system, both in terms of its capacity to accommodate the effluent from proposed residential development areas, and in terms of the current practice of discharging untreated sewage into the sea. Infrastructure Policy 1 of the Strategic Plan indicates that developments entailing the erection of multiple dwellings should take place only on sites that will ultimately be connected to the IRIS system, which takes sewage to a treatment works at Meary Veg. (IRIS is an acronym for Integration and Recycling of the Island's Sewage). However, as long ago as 2006/7, a review was undertaken to decide whether to continue with the IRIS strategy. This concluded that it would be beneficial to adopt a regional sewage treatment strategy (RSTS) for those settlements that were not already connected to the IRIS system, including Laxey, Baldrine and settlements in the Central Valley. To that extent, Infrastructure Policy 1 of the Strategic Plan is now out of date. 66 I understand that a planning application will soon be submitted for the development of a local sewage treatment facility for Laxey. Feasibility studies for the provision of a similar facility to serve Baldrine are ongoing. A replacement sewage works at Ballagarey, serving part of the Central Valley became operational in 2018. However, capacity limitations mean that planned development in Crosby is likely to have to rely on standalone sewage treatment for the time being, until the existing treatment works is replaced as anticipated in 2022. The Programme for Government (2016-2021) indicates an intention to complete the regional sewage treatment infrastructure within the lifetime of the present administration. 67 It seems to me that these considerations should be taken into account in the allocation and phasing of land for development. I will return to this matter when considering the draft Area Plan's proposals for housing. Electricity Renewable Energy 68 Peel Energy considered that the Area Plan should contain a detailed and specific chapter on renewable energy, providing measurable criteria against which applications for the development of renewable power generating facilities would be assessed. They cited the States of Jersey Island Plan 2011, which includes such material. And they pointed out that a Climate Change Emergency has recently been declared on the Isle of Man; that a Climate Change Bill is soon to be presented to Tynwald; and that there has been strong public support for the Government's Climate Change Mitigation Strategy. They argued that, in failing to provide detailed guidance on renewable power generation, the Area Plan was inconsistent with the Strategic Plan; and that since the Area Plan post-dated the Strategic Plan, its largely negative provisions would prevail. 69 Energy Policy 4 of the Strategic Plan applies to development proposals for renewable energy generated by wind, water, tidal or solar power. It indicates that any such proposals will be judged against that Plan's environmental objectives. Proposals for wind, water or tidal power would need to be supported by an Environmental Impact Assessment. The supporting text indicates that renewable energy schemes will be given similar scrutiny as is gi
Development which would result in an unacceptable risk from flooding
Flood Risk
Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted. 7.13. Agriculture 7.13.1. Agriculture is an integral and vital part of the rural economy and rural society and to a great degree is responsible for the appearance and stewardship of the countryside. The Island's farms not only provide the community with a healthy proportion of meat and vegetable produce but also provide employment opportunities. It is important to sustain agric ultural industry by safeguarding its prime resources, by allowing appropriately designed and sited new buildings (where need is established) and by encouraging conservation -based land management regimes (including appropriate tree and shrub planting). Howe ver, this must not be at the expense of the appearance and character or openness of the landscape, or result in the loss of traditional hedgerows and field boundaries or the loss of limited areas of good quality agricultural land. A recent study on agricultural soils on the Isle of Man (1) revealed that the majority of the agricultural land on the Island (80.26%) fell within Class 3, based on the land use capability class system in England and Wales (classes range from Class 1 to 5, with Class 1 being the mo st versatile land). Class 3 land characteristics can be summarised as land with moderate limitations which restrict the choice of crops and/or demand careful management. Only 4.87% of agricultural land falls within Classes 1 and 2. According to the agricultural land use capability map (figure 4 of the study), all of the Class 1/2 land of which Class 1 is the dominant class can be found in the south of the Island to the east of Ballasalla. New Area Plans will include a general presumption against the rel ease of Class 1 and 2 agricultural land for development. The highest level of protection will apply to the highest graded quality of land with Classes 1 and 2 soils being afforded most protection from development and being taken out of agricultural use. Where there is a proposal to develop land which is categorised in the Agricultural Soils of the Isle of Man report as being mixed Classes 2 and 3, those wishing to develop the land should ascertain which parts of the site represent higher grade of soil wi th these parts being avoided for development purposes. 7.13.2 One of the prime considerations in the determination of development proposals in the countryside will continue to be the conservation and enhancement of the landscape. In terms of the di versification of farms and farm buildings, there may be some circumstances where this may be appropriate and it is acknowledged that small scale enterprises can promote healthy economic activity in rural areas whether this be for commercial, industrial, tourism, sport or recreation uses. There is, however, a general presumption against the introduction of new uses into the countryside (including industrial or office uses): (a) for which there is no local need; (b) which would materially effect the rural character of an area; (c) which would necessitate the creation of new buildings; and (d) which would be more appropriate in industrial zones, business parks or within urban centres. 7.13.3 In recent years there has been increasing demand for new development and buildings in the countryside, particularly for new modern agricultural buildings. Such buildings can have, and in a number of areas already have had an adverse effect on the character and appearance of the landscape, particularly when sited in exposed locations away from building groups and on elevated land. It is important that new development should be compatible with the character of the surrounding area, and the need for n ew buildings in the countryside will be balanced against the harm that development may have on the particular environment within which it is proposed. In terms of new agricultural dwellings, permission will not be granted unless real agricultural need is demonstrated and will in every case be assessed in terms of need, sensitive siting, design, and size, and be subject to an agricultural occupancy condition. (1) Agricultural Soils of the Isle of Man, Harris et al, (Centre for Manx Studies) 2001 7.13.4 It is recognised that there have been considerable changes in the economy in the last twenty years. The number of people in full time agricultural employment has reduced for a number of reasons including increased mechanisation, reductions in the number of farms; and increases in the size of farm holdings. In many cases smaller farms have been amalgamated into larger units to increase economic viability. This has often been accompanied by the sale of former farmhouses and cottages to those who do not earn their employment in agriculture. At the same time there has been an increase in part time involvement in farming either where the income from agriculture is supplemented by other employment or where the person's main employment is not in agriculture but they farm on a part time basis. In considering the applications for new houses in the coun tryside the Department will give careful consideration to agriculture justification based on full time employment in agriculture. See also Section 8.9 in Chapter 8 - Housing.
Condition 1
- 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
- 2. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans, and shall thereafter be retained for access purposes only.
Condition 3
- 3. The development hereby approved shall not be occupied or operated until the parking and turning areas have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.
Condition 4
- 4. The development shall not be occupied or operated until the secure and bicycle store and motorcycling parking bays have been provided in accordance with the approved plans. The secure and covered bicycle store and motorcycling parking bays shall be retained at all times thereafter.
Condition 5
- 5. 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, 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.
Condition 6
- 6. The development shall be carried out in strict accordance with the mitigation measure detailed in Section 5.1 of the Manx Wildlife Trust's Preliminary Ecological Appraisal dated March 2021 submitted with the planning application and one cavity bat box/brick, one crevice bat box/brick, two nest boxes for house martins and two nest boxes for swifts to be installed on site in the locations detailed in the proposed elevations drawings dated April 2021.
Condition 7
- 7. The development shall not be occupied until the refuse storage has been provided in accordance with the details on drawing P02 REV A and P05, and shall thereafter be retained solely for this purpose.
Condition 8
- 8. No development shall take place until full details of soft and hard landscaping works have been submitted to and approved in writing by the Department and these works shall be carried out as approved. Details of the soft landscaping works include details of new planting (including tree planting/tree planting pit details) showing, type, size and position of each. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwelling, whichever is the sooner. Any trees or plants which die or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. Details of the hard landscaping works include footpaths and hard surfacing materials. The hard landscaping works shall be completed in full accordance with the approved details prior to the first occupation/operation of the building/s hereby permitted.
Condition 9
- 9. No development shall commence on site until final design details of proposed flood resilience and resistance measures as set down in section 5 of the FRA dated May 2021 have been submitted to and approved in writing by the Department. Any proposed measures should be designed to a 1 in 200 year plus climate change tidal event.
Condition 10
- 10. The building hereby approved shall not be occupied unless it has been erected in accordance with the finished ground floor level, of 4.90mAD02 as shown on drawing PO5 and outlined within the Flood Risk Assessment.
Condition 11
- 11. No development shall commence on site until further details (demonstrating adequate capacity etc) of the attention tank to the rear car park 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.
Condition 12
- 12. All site clearance including the removal of hedgerows, trees or shrubs brambles, ivy and other climbing plants (hereafter referred to as site clearance) that may be used by breeding birds shall take place outside of 1st March and 31st August inclusive. No site clearance shall take place during that period unless a detailed check of the site for active birds' nests has been undertaken and written confirmation has been submitted to the Department that no birds will be harmed and that there are appropriate measures in place to protect nesting bird interest on the site, if found. The check shall be undertaken no later than 14 days before the commencement of any site clearance and no site clearance or other works in connection with the development hereby approved shall commence unless the written confirmation and protection measures have been submitted to and approved in writing by the Department. The development shall be carried out in accordance with the approved protection measures.
Condition 13
- 13. Notwithstanding the provisions of the TOWN AND COUNTRY PLANNING (PERMITTED DEVELOPMENT AND CHANGE OF USE) (AMENDMENT) ORDER 2020 no additional/amended use or other alteration of the building hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Erection of a building to provide retail and office space and six residential apartments with associated parking provision
Erection of a building to provide retail and office space and seven residential apartments with associated parking