Officer Report

Application No.: 16/01103/B Applicant: Wardsley Ltd Proposal: Erection of multi-purpose building containing three units of commercial use (Classes 1-4), offices, four apartments and three townhouses with associated parking and access. Site Address: Albert Road School Albert Road Ramsey Isle Of Man IM8 1JB Case Officer : Miss Abigail Morgan Photo Taken: 12.12.2016 Site Visit: 12.12.2016 Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE SCALE OF THE PROPOSED DEVELOPMENT.

1.0 THE APPLICATION SITE - 1.1 The application site comprises a parcel of land (approx. 0.38ha) located at the junction of Albert Road and Close Woirrey, Queen's Pier Road in Ramsey. The site is the result of the demolition of the former Albert Road School and is currently used as a temporary public car park. It is a flat site and bounded by an existing stone wall with railings. - 1.2 The nearest buildings to the site are a row of two storey dwellings to the south which front onto Queen's Pier Road (Close Woirrey) and the Coop building is to the north. These recently were granted planning permission for redevelopment for 12 x 1 bedroom apartments over two floors, overall height 8.2m to ridge. The boundary wall between the application site and the apartments is to remain.

2.0 THE PROPOSAL - 2.1 The application is for the erection of a 3 storey mixed use development consisting of commercial on the ground floor, consisting of either Classes 1, 2, 3 and 4 of Permitted Development Order

• 2012, this is to give flexibility for any future occupiers. The larger of the commercial spaces is shown as having the potential for a coffee shop with an outdoor seating area. Office space on the first floor and four apartments on the second floor. This element fronts primarily onto the Albert Road and Albert Square. The erection of 3 town houses, set over four storeys adjoining the mixed block.

2.2 The commercial space comprises apx 430 sqm metres, designed to be capable of subdivision into smaller units dependent on final users. A pedestrian way is located between the commercial units leading to a courtyard and parking area. Access to the offices and apartments is gained from this through route. - 2.3 The overall height at the highest pitch is 13.4m and to eaves is 9.6m, the town houses are 12.5m to pitch and 9.6m to ridge with ground finished floor level of 150mm higher than the external areas, which are the same as existing. The proposed materials are slate like roof, main areas of wall through coloured rendered cream/white, the brick feature areas, and stall risers to be red brick and

• windows throughout to be powder coated aluminium in dark grey and at the upper levels linked vertically with blanking panel.
• 2.4 The town houses are accessed from the courtyard and have a garage each at the rear.
• 2.5 Within the courtyard there are 15 parking spaces, 10 spaces for the commercial units and 5 spaces, one for each of the apartments with one visitor space. Also within the courtyard is an area for deliveries/loading for the commercial units.
• 2.6 Refuse storage is provided in each block. The larger commercial unit on corner of Albert Square and Albert Road has a separate refuse facility, designed for a coffee shop. The remaining units, commercial and office and residential have shared storage area, with offices and residential having refuse chute into the refuse storage area at ground floor. These were updated following the comments of Ramsey Commissioners regarding their size and adequacy of access.
• 2.7 During the course of the application, the uses of the ground floor commercial units were widened to give flexibility for future occupiers. This was consulted on 16 December 2016.
• 2.8 Following comments received from the case officer and conservation officer regarding the context and architectural refinement of the proposal the scheme was updated as a modern twist on Victorian architecture. This amended plans also includes an updated refuse scheme and loading/delivery bay, this was consulted on 13 March 2017.

3.0 PLANNING HISTORY - 3.1 The application site has been the subject of a number of previous planning applications, post demolition of Albert Road School: - 3.2 PA12/01556/B - erection of a multi-purpose building containing community centre, function rooms, cafe/restaurant and offices, together with associated car parking and vehicular access APPROVED - 3.3 PA12/00994/B - erection of a multi-purpose building containing community centre, function rooms, cafe/restaurant and offices, together with associated car parking and vehicular access deemed withdrawn. - 3.4 PA11/01293/B - extension to the existing temporary car park to create an additional 31 spaces

- APPROVED.

3.5 PA11/00168/B - formation and operation of a public car park following the demolition of school building - APPROVED.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is located within a wider area of land that is designated as mixed use (town centre) under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998. - 4.2 Other policies and paragraphs in the Ramsey Local Plan are Paragraphs 9.3, 9.5 and 9.7 and associated Policies R/TC/P1, P2 and P3, which encourage retail uses near to the MER terminus to augment the role of the station and to help link it more closely to Parliament Street and Victoria Mall, and on upper floors offices and apartments. - 4.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains several policies that are considered specifically material to the assessment of this current planning application. - 4.4 Strategic 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.
• 4.5 General Policy 2 states: "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;

• (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; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and

4.6 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan." - 4.7 Business Policy 7 states: "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:

• (a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or
• (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance."

4.8 Business Policy 8 states: "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." - 4.9 Business Policy 10: Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5. - 4.10 Transport Policy 1: New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes. - 4.11 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." - 4.12 Car parking standards are set out at Appendix 7 of the Isle of Man Strategic Plan 2016. The type of development proposed by the planning application is not specifically covered within these standards. However, it does specify a car parking standard of 1 space for every 50 square metres of nett floor space for town centre offices and 1 space per 15 square metres gross floor space for assembly and leisure (includes cinemas, meeting halls, swimming baths, leisure centres, and the

conference and leisure facilities of hotels). Appendix 7 also states that car parking standards may be relaxed where development:

• (a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or
• (b) would result in the preservation of a sensitive streetscape; or
• (c) is otherwise of benefit to the character of a Conservation Area.
• (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality.

4.13 Appendix 1 of the Isle of Man Strategic Plan 2016 defines previously developed land as "that which is or was occupied by a permanent structure, including the curtilage of the developed land and any associated fixed surface infrastructure. The definition includes defence buildings, but excludes:

• o Land that is or has been occupied by agricultural or forestry buildings.
• o Land that has been developed for minerals extraction or waste disposal by landfill purposes where provision for restoration has been made through development control procedures.
• o Land in built-up areas such as parks, recreation grounds and allotments, which, although it may feature paths, pavilions and other buildings, has not been previously developed.
• o Land that was previously-developed but where the remains of the permanent structure or fixed surface structure have blended into the landscape in the process of time (to the extent that it can reasonably be considered as part of the natural surroundings).

There is no presumption that land that is previously-developed is necessarily suitable for housing development nor that the whole of the curtilage should be developed."

5.0 REPRESENTATIONS - 5.1 The following representations were received on the initial consultation; - 5.2 Ramsey Town Commissioners; No objections but made the following observations on 27 October 2016;

• o Car parking is inadequate and any approval should be subject to a condition specifically reserving car parking spaces within the public car park; and
• o The designated bin stores for the development are considered to be inadequate and would be difficult to access when emptying.

5.3 Ramsey Chamber of Commerce object on the following grounds, 23.10.16;

• o The retail areas will have a detrimental economic impact on wider economy of Ramsey;
• o The development includes sizable units not in the retail town centre, which is defined as Parliament Street, Parliament Square, Market Square and St Pauls's Square, as set out in Ramsey Regeneration area;
• o There are already several units empty in the established retail area, consideration needs to be given to the future viability of retail sector in Ramsey and the department cannot allow the area to spread further;
• o Insufficient parking for the proposed uses;
• o Loss of parking from the site will be damaging to the town;
• o Whilst they object to the development of the site with retail areas they wholeheartedly support the development of the site in the future and would fully support the development of the site as residential/offices or leisure.

5.4 Department of Infrastructure Highways Division does not oppose, the following comments, 18.10.2016; The proposal is to construct a mixed use development on a brown field site within Ramsey town centre. There will be a coffee shop, 2 retail units, offices, apartments and 3 townhouses. Parking provision in line with the strategic plan would be as follows:

• 3 townhouses - 6 spaces
• 4 2 bed apartments - 8 spaces 440sqm offices @ 1/50sqm - 9 spaces retail - service vehicles only coffee shop - not covered by parking standards but normally 1 space per 4 covers - assume 30 tables - 30 spaces total - 53 spaces

However due to the town centre location, the reuse of a brownfield site and the adjacent public car parking facility a reduction in standard is acceptable, even desirable to encourage non-vehicular modes of transport. Therefore the following car parking standard is acceptable:

• 3 townhouses - 3 spaces
• 4 2 bed apartments - 4 spaces 440sqm offices @ 1/50sqm - 4 spaces retail - service vehicles only coffee shop - 10 spaces Total - 21 spaces

Including the 3 garages within the townhouses 18 spaces have been provided as well as a loading / service bay. It is recommended that to make up the short fall 4 car parking spaces are reserved within the adjacent car park for use by office staff as these have not been accommodated on site. It is also recommended that a condition is imposed on the townhouses preventing them from being converted into living accommodation as they are the only car parking provision for each dwelling, otherwise additional parking should be allocated.

Highway Services does not oppose this application subject to the following conditions:

• 1. Prior to the occupation of any of the residential units the car parking and footpaths shall be provided and remain free from obstruction.

Reason: to ensure that the car parking standards are met and accessible in the interests of highway and pedestrian safety

• 2. The garages provided with the townhouses shall remain free from obstruction and available for the parking of a vehicle associated. Reason: to ensure that car parking is provided for the dwellings as required by the strategic plan.

5.5 Manx Utilities requested a flood risk assessment on 10.10.17. Further to a submission from the agent Manx Utilities confirmed that the submitted assessment was satisfactory on 29 November

• 2016.

5.6 The following representations were received following circulation of the amended description, to increase the type of uses that could be accommodated in the proposed ground floor commercial units. - 5.7 Ramsey Commissioners reiterated their previous comments on 30.12.16. - 5.8 Ramsey Chamber of Commerce reiterated their previous comments and added the following

• 06.01.17.;

• o The ground floor areas being opened up to other uses does not prevent it from being used as retail;
• o Parking has not been addressed;
• o Loss of spaces plus under provision on site will have a detrimental effect on town; and
• o Economic viability study has not been carried out.

5.9 No further representations were received following re-consultation on the amended plans.

6.0 ASSESSMENT - 6.1 The first issue to consider as part of the assessment of the planning application is the basic principle of the proposal; if the basic principle of development is concluded to be acceptable it is then necessary to assess the site specific impacts. - 6.2 In terms of the basic principle of development the primary consideration is the acceptability of the proposal within the land use designation. As stated earlier in this report the application site is located within a wider area of land that is designated as mixed use (town centre) under the Isle of Man Planning Scheme (Ramsey Local Plan) (No. 2) Order 1998. As the proposed use is a mixed use development that is comprised of uses that would be normally considered acceptable within a town centre location it is concluded that the basic principle is acceptable. Also it needs to be recognised that the proposal represents the re-development of previously development land, a principle which should be generally encouraged and supported. - 6.3 With the basic principle of development concluded to be acceptable, and in accordance with policy, it remains necessary to consider the site specific impacts of the proposed development. The main issues are considered to be the effect on the proposal on;

• o Character and appearance of the surrounding area and street scene;
• o Living conditions of occupiers of Close Woirrey with particular reference to outlook and daylight;
• o Highway safety and parking provision; Character and appearance of the surrounding area and street scene

6.4 Although the proposed building is substantial in size it is not considered that such size is necessarily out of place in this location. It is pertinent to note that the height is similar height to the existing supermarket directly opposite the site and the 3 storey Victorian houses on Albert Square. - 6.5 The building has been designed as a building of interest in its own right. Generally new buildings are designed to be in keeping with the character area which results in variations on the Victorian vernacular and then more or less mimic the houses that surround them. This implies that if buildings match the existing ones then that is a good thing regardless of how mediocre or nondescript the existing area might be. A key reason for sticking to neo-traditional design seems to be an expectation that it will be very difficult to get planning permission for anything that could be described as modern or contemporary. The design of the proposal can best be described as a modern twist on the Victorian theme incorporating gabled features and bay windows. - 6.6 All the commercial units, offices and apartments and their balconies are considered to be well articulated and of a contemporary character which are respectful to their streetscape context, adding to the character and interest of the street scene. The balconies are generous in area and assistance in providing a continuation of living from inside to out, with views towards North Barrule. The proposed building is considered to be satisfactorily positioned on the site and within the surrounding area. The chosen external finish is a mixture of render and red brick and glass, which provides sufficient interest to the building and serves to break up the overall mass of the building to an extent that avoids the harmful impact a building of such size could potentially have. The materials also tie in with the proposed Close Woirry redevelopment next door. - 6.7 It is considered that the scale and design of the proposed building would sit appropriately within the street scene, which is not dominated by one particular style or design and is considered to be compatible but with a differentiated design. Overall it is concluded that the impact on character and appearance of the area is acceptable and complies with parts (b), (c) and (g) of General Policy 2.

• Living conditions of surrounding occupiers
• 6.8 The main issues in this regard include the potential for overshadowing, overlooking and overbearing. The nearest residential properties are located adjacent to the application site within Close Woirrey. Undoubtedly the redevelopment of this site will affect the current outlook of these properties as it is currently an open site, albeit a previously developed one. The nearest elements are the proposed town houses, which overall would be apx 4.2m higher than the residences at Close Woirrey and set approximately 8 metres away to the north of them. Also some oblique views would also be impeded by the rest of the proposal. In view of the proximity and height of the proposal to some of the residences it is considered that it would have an impact on them, albeit not to such a degree to warrant a refusal. In support of this conclusion it is noted that no objections have been received from local residents.
• 6.9 The application site is also relatively close to existing residential properties located within Albert Road, Queen's Pier Road, Westbourne Road and Albert Terrace. Having visited the site and after examining the submitted drawings it is considered that the position and general arrangement of the proposed development is such that the living conditions of surrounding properties would not be unduly affected by the proposal, in terms of outlook or loss of daylight. Highway safety and parking provision

6.9 In terms of highway safety and parking provision, Highways are satisfied with the proposed access and circulation space around the proposed car park, meeting the relevant standards for access and visibility. The main issue is the proposed number of parking spaces. While due to the sustainable location a reduction in car parking is acceptable Highways have stated that there is an under provision of 4 spaces recommending the short fall are reserved within the adjacent car park for use by office staff as these have not been accommodated on site. While this has been referred to in the Accompanying Statement by the agents and may well be a solution for the occupiers of the offices it is not a matter which could be required by condition as in practice impossible to detect an infringement and thereby unenforceable and may not be within the of the control of the occupier of the offices if no spaces are available. On this basis the application needs to be considered on the basis of the proposed number of parking spaces. - 6.10 While a shortfall of 4 spaces in parking has been identified this needs to be balanced with the proposed redevelopment of a previously developed site, where revitalisation is an important goal, and its location within Ramsey Town Centre and the proximity to other forms of public transport and wider parking availability across Ramsey. The location accords well with the aims of Transport Policy 1, regarding accessibility, and in this instance the shortfall is not considered significant enough to warrant a refusal. Other Matters - 6.11 The site is within an area of 1 in 200 years' tidal flood risk area and Manx Utilities are satisfied with the information contained within the provided flood risk assessment, the majority of which are internal to the development such as electrical installations being a minimum of 600mm about the finished floor level. - 6.12 The Chamber of Commerce also refer to economic study as to the viability of the proposal, generally viability is not relied upon as a factor in determining the types of uses in an application. The content of the proposal is established by the applicant and is assessed as such. CONCLUSION - 6.13 The proposal would contribute to achieving the aims and objectives of the Ramsey Local Plan and the Strategic Plan providing a sustainable pattern of development, having regard to its accessibility to employment, shopping and leisure facilities in an area where future occupiers would

be provided with adequate opportunities to travel by means other than the private car. On this basis the proposal is considered to comply with the Local and Strategic Plan Policies set out above.

- 7.0 RECOMMENDATION

7.1 It is recommended that the planning application be approved. - 8.0 PARTY STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and
• (d) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

8.2 In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application, in this instance no parties. - 8.3 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order

• 2013 and paragraph 2(1) of Government Circular No. 46/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application Manx Utilities and Ramsey Chamber of Commerce.

Recommendation Recommended Decision: Permitted Date of Recommendation: 27.03.2017 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No development shall be commenced until a hard and soft landscaping scheme has been submitted to and approved in writing by the Department. Such a scheme shall include details of all walls, fences, trees, hedgerows and other planting which are to be retained; details of all new walls, fences and other boundary treatment and finished ground levels; a planting specification; the location of grassed areas; details of the hard surface treatment of the open parts of the site and a programme of implementation.

All landscaping shall be carried out in accordance with the approved details. The works shall be carried out prior to the occupation of any part of the development or in accordance with the programme agreed in writing with the Department. Any trees or plants indicated on the approved scheme which, within a period of five years from the date of planting, die, are removed or become seriously damaged or diseased shall be replaced during the next planting season with other trees or plants of a species and size to be first approved in writing by the Department.

Reason: To ensure the provision of an appropriate landscape setting to the development.

• C 3. No development above ground floor slab level of any part of the development hereby permitted shall take place until samples of all materials to be used in the construction of the external surfaces of the development have been submitted to and approved in writing by the Department including (where applicable):

• a) samples of all brick, render and tiling (including details of the colour of render/paintwork to be used);
• b) samples of the proposed windows, blanking panels, doors and balcony treatments; and
• c) samples of all other materials to be used externally, not listed above. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.

• C 4. Prior to the occupation of any of the residential units the car parking and footpaths shall be provided and remain free from obstruction thereafter.

Reason: To ensure that the car parking standards are met and are accessible in the interests of highway and pedestrian safety

• C 5. The garages provided with the townhouses shall remain free from obstruction and available for the parking of a vehicle associated with occupation. Reason: To ensure that car parking is provided for the dwellings as required by the strategic plan.

This approval relates to drawing 16/2513-01 and Accompanying Statement both date stamped received 22 September 2016, Flood Risk Assessment Statement dated 29 November 2016 and drawings 16/2513-02 B, 03 B, 04 B, 05 A, 10 A, 11 A and 20 all date stamped received 8 March

• 2017.

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 : …Permitted.. Committee Meeting Date:…03.04.2017

Signed :………E RILEY………….. 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

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