Officer Report

Application No.: 15/00400/C Applicant: Zaria Investments Proposal: Change of use of part of ground floor and basement into two apartments Site Address: Flats 1 & 3 Cumbria Court Mooragh Promenade Ramsey Isle of Man IM8 3BA Case Officer : Mr Edmond Riley Photo Taken: 29.04.2015 Site Visit: 29.04.2015 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The red line on the submitted plans extends around the curtilage of Cumbria Court, a mid-terrace building on the Mooragh Promenade in Ramsey - however, the particulars of the application are clear that the proposal in question applies solely to the highway-facing sides of the building on the ground and basement storeys. There is planning approval for the use of the entirety of the two lower floors as a gymnasium. - 1.2 It was noted from the site visit that both the rearward portions of the building on the ground and lower ground floors were in use as residential flats and appeared to have been for some time. On these floors are Flats 1-4.

2.0 THE PROPOSAL - 2.1 The proposal seeks planning approval to change the use of Flats 1 and 3 of Cumbria Court into residential use. No external alterations are proposed.

3.0 PLANNING HISTORY - 3.1 The site has a somewhat ambiguous planning history, that becomes more so the further back it is examined. Although it is not clear when the original Change of Use application (from residential to gymnasium) was approved, planning approval was granted to PA 02/02333/B to extend the existing gymnasium space into Flat 1 - however, this appears to have been Flat 1 of the adjacent building ("Clybane"). - 3.2 It is understood that the original planning approval to convert the entirety of the ground and lower ground floors of Cumbria Court was not taken up, and although the application form indicates that in fact the approval was only taken up in Flat 3, the application relates to both Flats 1 and 3. It is not immediately clear why this should be.

- 4.0 THE DEVELOPMENT PLAN

4.1 The site falls within an area zoned as 'Mooragh Promenade (Residential / Offices)' on the Ramsey Local Plan. In view of this and the nature of the proposal, the relevant policies from the Strategic Plan are set out below. - 4.2 General Policy 2 states, in part: "Development which is in accordance with the landuse zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (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."

4.3 Housing Policy 17 is perhaps not directly applicable, but it is certainly a material consideration: "The conversion of buildings into flats will generally be permitted in residential areas provided that:

• (a) adequate space can be provided for clothes-drying, refuse storage, general amenity, and, if practical, car-parking;
• (b) the flats created will have a pleasant clear outlook, particularly from the principal rooms and
• (c) if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area."

5.0 REPRESENTATIONS / CONSULTATIONS - 5.1 Highway Services offered no objection to the proposal on 22.04.2015, but noted that: "Any future development may require a parking survey to be carried out due to the conversion of buildings to apartments." - 5.2 In correspondence received 14th May 2015, the Housing team within the Department of Environment, Food & Agriculture confirmed that Flat 4 was registered as a flat in 2002. - 5.3 In correspondence received 2nd June 2015, Ramsey Town Commissioners confirmed that the four flats were registered as residential on the following dates (and no alteration to these circumstances has been noted):

• - Flat 1 (3 persons): 23/04/90
• - Flat 2 (1 person): 13/12/90
• - Flat 3 (3 persons): 23/04/90
• - Flat 4 (1 person): 31/01/02

This, again, does indicate the somewhat ambiguous nature of the planning history / use of the site.

6.0 ASSESSMENT - 6.1 In spite of the somewhat unclear planning history on the site, it is evidently the case that residential use here would be far more appropriate than a gymnasium - the site is within an area zoned for the former use. Moreover, the surrounding uses are exclusively residential

• such that a gymnasium, with its potentially loud music and apparently no planning conditions restricting its opening times, would probably be harmful to the living conditions of those living nearby. As such, the proposed return of Flats 1 and 3 to residential use is welcome from this point of view.
• 6.2 Also welcome is the impact from a parking point of view - it seems likely that there would be a greater demand for parking from a gymnasium use, but also that there would be far more comings and goings of vehicles associated with such a use than with the proposed residential use.
• 6.3 However, all that being said, it is important also to ensure the proposal does indeed relate to the returning of the two floors into four apartments, rather than the creation of four new apartments. The rear apartments (Flats 2 and 4) are small and overlook the rear courtyard; while the ground floor flat is actually slightly elevated at the rear, the basement flat overlooks just the courtyard, at a low level, and benefits from very limited outlook as a result. It is considered likely that, if this flat were not already in existence, a proposal to create it as a self-contained unit would be judged contrary to HP17. The advice received from DEFA's housing team and Ramsey Town Commissioners is helpful in suggesting that Flats 2 and 4 have been in residential use for some time.
• 6.4 In view of the responses received from DEFA and the Commissioners, it is considered that the application would return the building to a situation that previously existed in terms of the flats the subject of the application. As such, no new apartments would be being created and, although the Flats 2 and 4 might not meet current standards or expectations as far as living conditions go, these are beyond the Department's control since it is reasonable to conclude that they have been in this use for some time in any case.

7.0 RECOMMENDATION - 7.1 In view of the above, it is concluded that the application accords with General Policy and Housing Policy 17, and it is therefore recommended that the application be approved.

8.0 INTERESTED PERSON 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;

• (d) The Highways Division of the Department of Infrastructure; and (e) The local authority in whose district the land the subject of the application is situated.

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, it is recommended that the following persons do not have sufficient interest to be awarded the status of an Interested Person in accordance with Government Circular 0046/13:

• The Environmental Health Unit of the Department of Environment, Food & Agriculture. Currently, the Forestry Division and the Planning & Building Control Directorate sit within the

same government Department and therefore the former cannot be afforded Interested Person Status.

Recommendation Recommended Decision: Permitted Date of Recommendation:

03.06.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

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.

The development hereby approved relates to the following plans, date-stamped as having been received 13th April 2015: 01 and 100.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 04.06.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed : Michael Gallagher. Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management