DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00266/C Applicant: Redbox Investments Ltd Proposal: Proposed Temporary Change of Use of Land for 12 months to increase display area, including erection of enclosure fencing. Site Address: Land To The East Of Co Op Albert Road Ramsey Isle Of Man Principal Planner: Mr Chris Balmer Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 28.06.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The use of the site as a temporary garden centre in association with Ramsey Garden Centre may continue until 12 months from the date of this decision notice being final whereupon the use must cease. Reason: to reflect the intention of the application which has been judged on this basis only.
• C 2. Prior to the commencement of any development details of the fencing to be used shall be submitted to and approved in writing by the Department and shall be removed from site within 12 months of this decision notice becoming final and the land restored to its former grassed state.

Reason: In the interest of visual amenities and as the application only seeks a temporary approval of the use of the site.

This application has been recommended for approval for the following reason.

It is considered the proposal would comply with General Policy 2, Environment Policy 43, Business Policy 10 and Transport Policy 4 & 6 of the Isle of Man Strategic Plan 2016 and the Ramsey Local Plan.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings all received on 22.03.2022.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

The APPLICATION COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL

1.0 THE SITE - 1.1 The site is a vacant parcel of land to the East of Co Op, Albert Road, Ramsey and west of Ramsey Garden Centre. To the north of the site is a car park (within applicant's ownership) which current has a parking disc zone. To the west of the site is Ramsey Garden Centre.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for the Temporary Change of Use of Land for 12 months to increase display area, including erection of enclosure fencing. The use would be for the adjacent Garden Centre who would sell plants/wood bark/plant pots etc. - 2.2 The applicants have already cleared the site of vegetation and laid 140 Tonne of type 1 hard core .and rolled it, ready for the proposed use. - 2.3 The fencing proposed is a green metal post with green mesh at a height of 1.8m

- 3.0 PLANNING POLICY

3.1 The site lies within an area of "Mixed Use - Town Centre" under the Ramsey Local Plan. The site is not within a Conservation Area. Under the recently published Draft Area Plan for the North and West the site is within an area designated as a "Transition Zone". In the Written Statement this is defined as; "The Transition Zones

• 9.10.1 The transition zones incorporate a mix of uses generally on larger floorplates (or coarse grained) adjacent to the town centre that support the principle town centre uses. Transition zones help to provide a buffer between quieter residential areas and the livelier town centre uses that extend into the evening. They also present opportunities for business expansion adjacent to the existing town centre, where larger floor plates are needed.
• 9.10.2 Within Ramsey, transition zones are located within areas encompassing St. Pauls Square (including the Shoprite supermarket), the MER Station, a large area incorporating the Co-op supermarket, bus station and former Raymotor's Garage, and the Shoprite supermarket, Fire Station, former Ramsey Bakery and Ramsey Town Commissioners' Yard. Transition zones in Ramsey are characterised by anchor retail uses and bulky goods retail, transport facilities and car parking, petrol stations, civic and industrial uses and private dwellings."

3.2 The Isle of Man Strategic Plan (2016) contains a number of relevant policies.

• 3.2.1 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to:

• (a) minimise journeys, especially by private car;
• (b) make best use of public transport;
• (c) not adversely affect highway safety for all users, and
• (d) encourage pedestrian movement"

• 3.2.2 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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (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;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

• 3.2.3 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
• 3.2.4 Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users."
• 3.2.5 Environment Policy 43 states: "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."
• 3.2.6 Business Policy 10 states: "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."

- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 The Council of Ministers have approved an Action Plan to Reform the Planning System (hereafter "The Action Plan"). The document "Reform of the Planning System - Programme for Government 2016 - 2021" GD2018/0031 was laid before Tynwald on 15th May 2018. One of the actions set out within this is that, "Council of Ministers have agreed the following Policy with immediate effect: In order to continue to incentivise and support site redevelopment and the associated economic development, Planning Approval should not normally be given for brownfield sites to be used as temporary car parks" and that this is important, "To ensure faster brownfield site redevelopment and encourage socio-economic development". - 4.2 Report of the Select Committee of Tynwald on the Development of Unoccupied urban sites (2017-2018) (hereafter "The Select Committee Report" recommended that,

"Tynwald calls upon the Council of Ministers and all Departments to use every means at their disposal to encourage and prioritise the development of unoccupied or previously developed urban sites ahead of building on greenfield sites in the Manx countryside; and in particular that Tynwald is of the opinion that urgent action should be taken … (iv) to use the planning system, taxation and other potential incentives to discourage greenfield development; (v) to use the planning system, taxation and other potential incentives to encourage brownfield development in Development Zones in Douglas and in other urban areas".

4.3 The Manual for Manx Roads (published by the Department of Infrastructure) sets out detailed guidance on highways matters.

- 5.0 PLANNING HISTORY

5.1 The following planning application is considered relevant in the consideration of this application: - 5.2 21/00621/C Change of use of vacant site to a temporary car park - REFUSED on the following grounds; "R 1. The proposed temporary use would reduce the likelihood of a prominent brownfield/undeveloped site being brought forward and this would be contrary to Strategic Policy 1 of the Strategic Plan (2016), the policy on car parks as set out in "Reform of the Planning System - Programme for Government 2016 - 2021" and the recommendations of the Report of the Select Committee of Tynwald on the Development of Unoccupied Urban Sites (2017-2018).

• R 2. The proposed use is not in accordance with the land use zoning as set out within the Ramsey Local Plan.
• R 3. The proposal would be contrary to General Policy 2 as the proposal would detrimentally affect the visual appearance of the street scene and the site itself."

5.3 Erection of two storey unit retail area / 178 seat cinema / lecture theatre, 80 seat restaurant with associated services and erection of 2 &3 storey unit for retail / office area and

• 3 no. 2 bed apartments with improvements to car park - 04/01679/B- APPROVED at Appeal (same applicants/owner).

- 6.0 REPRESENTATIONS

6.1 Highway Services make the following comments (08.04.2022): "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised that highway licences may be necessary for the use of the highway during works." - 6.2 Ramsey Commissioners have no objection (22.04.2022).

- 7.0 ASSESSMENT

7.1 The principle issues with the application are the land use zoning and whether the use of the site on a temporary basis for retailing associated with Ramsey Garden Centre, the potential visual impact and Highway Safety issues. The land use zoning / use of site - 7.2 The proposed use does fit with the uses outlined within the Ramsey Local Plan i.e. mixed use being a retail operation. It is therefore in accordance with the land use designation of the Ramsey Local Plan. - 7.3 The use of brownfield/un-development sites for temporary uses raises various questions

• the extent that the use of the site on a temporary nature can discourages investment in its more permanent development, which generally can be better thought out/ designed and use and overall visual appearance would expected to be of a higher standard than any temporary use. As indicated in the history section of this report the previously scheme for a temporary car park raised a number of concerns.

7.4 The applicants have had permission for a development in 2004; however, this was not undertaken and has since expired. There are no other approvals on this site. The applicants have not given any clear reasons for why the site has not been developed or the plans/timescale for its development.

7.5 While it is noted that the "Reform of the Planning System - Programme for Government 2016 - 2021" included a policy direction from the Council of Ministers to prevent temporary car park applications being approved on brownfield sites and this scheme is not a temporary car park, there does still require consideration of whether a temporary use is appropriate. In this case given the use would be for the adjacent Ramsey Garden Centre, which is restricted for space given the confines of its site and which is an existing retail well established business in Ramsey Town Centre, it is considered in this case the principle of the temporary use is acceptable. - 7.6 It is therefore considered that the proposal would comply with Business Policy 10 which indicates that retail development will be permitted only in established town and village centres. The potential visual impact - 7.7 It is proposed to remove the rough turf grass and a few inches of sub soil of the site and replaced with type one aggregate. This has recently been undertaken. Further a 1.8m high metal fence (green in colour) would be erected around the edges of the site (red line) to secure the site. Given the site would be temporary in nature as mentioned previous the visual appearance would not be especially attractive. The Department did ask whether some sort of landscaping could be undertaken but the applicants had concerns that given the temporary nature there would be little point as it would have to be removed. Further concerns of plants pots (i.e. more temporary) may lead to b=them being stolen. Of course if this use is only for a 12 month period then this lack of landscaping could be considered acceptable. However, if a further application was to be received then the Department would likely see a more permanent arrangement, if such application was approved. However, the Planning Committee may consider landscaping being provided now is required if it is felt the visual impact of the development is unacceptable and as such a condition could be attached. The applicants have also indicated that around 70% of the land will be used to display plants.

- 8.0 CONCLUSION

8.1 Overall; for the reasons indicated within this report it is considered the proposal would comply with General Policy 2, Environment Policy 43, Business Policy 10 and Transport Policy 4 & 6 of the Isle of Man Strategic Plan 2016 and the Ramsey Local Plan. Accordingly, the application is recommended for an approval. - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 04.07.2022

Signed : C BALMER 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

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.