Variation of Conditions Supporting Statement

Northern Trust

Received	190614	14 00743
DEPARTMENT OF INFRASTRUCTURE PLANNING and BUILDING CONTROL DIVISION Town and Country Planning Act 1999
Date and Officer Initials
Decision
Appeal

INVESTMENT | DEVELOPMENT | REGENERATION

Supporting Statement

Variation of conditions 1 and 7 of Planning Application 12/01041/B

AT

Site of Former Grand Island Hotel, Bride Road, Ramsey, Isle of Man, IM8 3UN

June 2014

1. Introduction

1.1 This statement is submitted on behalf of Whittle Jones in support of an application to vary conditions 1 and 7 of planning consent 12/01041/B.

1.2 Planning permission was secured on 2nd July 2013 for the erection of 35 apartments arranged in 5 blocks with underground parking, roads, landscaping, gatehouse and electricity substation at the site of the former Grand Island Hotel, Ramsey. A copy of the decision notice is enclosed at Appendix 1.

1.3 As consideration is given to the commencement of development Conditions 1 and 7 are not appropriate and require amendment. Further information to support the variation of conditions is given in turn below.

1. Condition 1

2.1 Condition 1 states the following:

"The use must be taken up within 4 years of the date of this notice in order for this approval to remain valid after that time"

2.2 The wording of this condition is somewhat misleading and requires amendment to ensure it is appropriate.

2.3 The requirement for the use to be taken up within 4 years is too onerous and places an unfair obligation on the applicant / developer to complete the development within a very short timeframe. It is unreasonable and unrealistic for the development to be completed and the use commenced within 4 years.

2.4 This stance has been supported by the Isle of Man Planning Department following correspondence with Chris Balmer on 22 May 2014. Mr Balmer, in his role as a

planning officer of the Isle of Man Government, stated the wording of the condition appears to relate to development that is change of use, rather than operational development. Mr Balmer considers the wrong condition has been used in error and it should have stated 'The development hereby approved shall be begun before the expiration of 4 years from the date of this decision notice'.

2.5 The amended wording would comply with the Development Procedure Order and would require development to be begun no later than 4 years beginning with the date upon which it is granted.

2.6 Furthermore, Mr Balmer does not believe the use has to be taken up within the defined 4 year period and considers such an obligation unreasonable. A copy of the correspondence with Mr Balmer is enclosed at Appendix 2.

2.7 Therefore, it is proposed to amend Condition 1 in the manner suggested by Mr Balmer.

1. Condition 7

3.1 Condition 7 relates to access and parking provision and states the following:

"None of the approved apartments may be occupied until the access and parking provision have been put in place in accordance with the approved plans and are available for use."

3.2 For a development of this type it is inevitable that the site will be developed in a phased manner. There is far too much risk involved in developing the site in a single phase and no developer would progress on this basis, rather the site will be split and each block developed in turn. This will enable flexibility in respect of cashflow and enable dwellings to be sold in completed blocks as the rest of the development progresses.

3.3 It is therefore proposed to amend the condition to restrict the occupation of the approved apartments for each block to only until the parking has been put in place for that block in accordance with the approved plans and available for use. This will provide sufficient flexibility to enable the development to be progressed in a phased manner and provides a more appropriate solution for development cashflow.

3.4 The proposed wording is as follows:

“The approved apartments for each block shall not be occupied until the access and parking has been put in place for that block in accordance with the approved plans and are available for use.”

3.5 This will provide a more appropriate condition with sufficient flexibility to enable the development to progress.

1. Conclusion

4.1 The amendment of Condition 1 and 7 in the suggested manner will provide more appropriate conditions to enable the effective implementation of the planning consent and development of this site.