Officer Report

Application No.: 16/00573/B Applicant: Rosa's Pantry Limited Proposal: Conversion of existing retail unit to additionally provide the sale of hot food and drink for consumption on and off the premises, creation of an indoor seating area and installation of an external flue Site Address: W Desmond Fish Shop 23 Parliament Street Ramsey Isle Of Man IM8 1AS Case Officer : Mr Chris Balmer Photo Taken: 27.06.2016 Site Visit: 27.06.2016 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of W Desmond Fish Shop, 23 Parliament Street, Ramsey; a two storey end terrace building, located on a corner plot with Parliament Street to the north and Cannell's Lane to the west. The ground floor of this property was until very recently used as a fishmonger's shop as it had been for a number of decades. It is understood the first floor of the property is not used for residential or retail uses. - 1.2 The property is located along Parliament Street which accommodates the main retail area for Ramsey. The area is characterised by a number of different retail uses, shops, cafes, restaurants, bakeries, hardware shops, estate agents and takeaways etc. - 1.3 There is no off-street parking associated with this site, as is the case with the majority of properties along Parliament Street. Parking is provided by on-street parking along Parliament Street as well as parking on the Quay side and a number of public car parks nearby.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the conversion of existing retail unit to additionally provide the sale of hot food and drink for consumption on and off the premises, creation of an indoor seating area and installation of an external flue. - 2.2 The business would focus on making homemade, fresh local food to take away, whilst also continuing the sale of fish. The main function of the premises will be a sandwich bar and deli, selling fish produce, but additional hot and cold dishes and drinks. The applicant have indicated they would not have an fryers in the premises and the flue proposed would due to the baking of bread daily and other dishes including homemade quiches, soups, flatbreads, vegan and vegetarian platters. They indicate they would have a commercial oven for the cooking of dishes including roasted vegetables and chicken. - 2.3 The opening hours of the business are proposed to be 0830hrs till 1630hrs Monday to Friday and 0900hrs to 1530hrs on a Saturday. The shop would be closed on a Sunday. The applicant indicated that they would be employing 2 full time members of staff and 1 part time.

2.4 The proposed flue would be located to the rear, projecting above the existing roof plane of the single storey outrigger. The flue would have a maximum height of 1.1 metres above the roof plane. The Department has also sought more information on the extraction system and the applicants make the following comments:

"I have spoken to the engineer at Island Catering Engineers and he can confirm that he will be using odour control through dispersion. A High Velocity cowl will be fitted, which will displace the odours in a spiral form 30 metres above the exit of the flue. We discussed carbon filters, but these often clog up easily, which may subsequently produce more odour. For our lower density of cooking, soups and breads for example, the smell should be preferable to the use of fryers. We will not be using fryers on the premises.

An error occurred on the previous plan of 60/70dcb. Island Catering Engineers had actually told me that the noise level would be no more than 30dcb. To reduce noise, silencers are to be attached to the extraction unit. These will be 550 flakt-woods, inline fan 500 silencers, to be fitted before and after. I am unable to provide any pictures other than the plan submitted as Island Catering Engineers produce bespoke Extraction flues. The plan submitted still stands and the extraction flue will be no more than 1.1 metres including the cowl."

3.0 PLANNING HISTORY - 3.1 The application site has been the subject of a single previous planning applications which is considered relevant in the determination of this submission: - 3.2 Extension to fishmonger's preparation room - 97/01715/B - APPROVED

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is in an area designated as Town Centre Mixed Use under the Ramsey Local Plan Order 1998 Map No. 2 (South). The application site is within the Ramsey Conservation Area. - 4.2 There is one policy within the Ramsey Local Plan (Planning Circular 2/99), considered specifically relevant to the assessment of this current planning application: - 4.3 Policy R/TC/P1 Retail Uses States: "There will be a general presumption in favour of retention of retail uses at ground floor level in the main shopping streets (Peel Street, Bourne Place, Market Hill, Market Place (West), Parliament Street (excluding Auckland Terrace), East Street, Parliament Square (East Side). Office Uses (including finance related establishments) at ground floor level will not be permitted to occupy 30% of the street frontage in any one block between public and vehicular highways in these streets."

4.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains three policies that are considered specifically material to the assessment of this current planning application: - 4.4 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."

4.5 Environmental Policy 35 states: "Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." - 4.6 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

• i) pollution of sea, surface water or groundwater;
• ii) emissions of airborne pollutants; and
• iii) vibration, odour, noise or light pollution."

5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure Highway Services does not oppose (on 13.06.2016). - 5.2 The Ramsey Town Commissioners have no objection (24.06.2016); - Opening hours should be stated in the conditions as within Monday to Thursday 9.00am to 10.00pm and Saturday and Sunday 9.00am to 11.00pm. - 5.3 Manx Utilities Authority seeks a flood risk statement to be provided due to the site being a flood risk area (on 19.07.2016). Subsequently such information has been provided and they no longer object to the proposal (on 01.08.2016). - 5.4 The Department of Environment, Food and Agriculture - Environmental Health - have stated the following (on 26.07.2016): "Based on the information provided, I can confirm that the proposed ventilation system appears to be adequate for the nature of the food business proposed.

Unfortunately, there is no easy way of measuring odour and, should complaints be received, it would be down to us to determine whether or not nuisance exists and whether best practicable means have been taken by the operator to prevent nuisance. This principle also applies to noise and it is worth noting that even if the system was operating at a specified noise level, nuisance could still exist. As with any ventilation system, the aim is to ensure that it does not cause nuisance, disturbance or loss of amenity (via noise, odour, fumes etc.) to nearby properties.

I hope that this helps and should you require any further information or want to discuss the matter further, please do not hesitate to contact me."

5.5 The owners/occupants of The Tasty Bite, 29 Parliament Street, Ramsey; Object (on 24.06.2016); there are already a number of similar business in the area; and our business and others would be put at risk by additional food business.

- 6.0 ASSESSMENT

6.1 The key issues to consider in the assessment of this planning application are; the potential impact of the proposal on the residential amenities of nearby properties; and the potential impact upon the Conservation Area.

THE POTENTIAL IMPACT OF THE PROPOSAL ON THE RESIDENTIAL AMENITIES OF NEARBY PROPERTIES

6.2 The main aspects which could cause concern relate to noise and smells produced by the cooking of hot food and extracted by the flue. - 6.3 Arguably the residential dwelling most likely to be affected by the development would be the owners/occupants of nr 1 Cannell's Lane, which gable elevation directly faces towards the property and proposed flue which would between 3 and 4 metres from this gable. Within this gable elevation are three windows, two very small attic windows and a first floor window. - 6.4 There was initial concern of the proximity of the flue with this property. However, following correspondents with the applicant, and their own discussion with Island Catering Engineers, which confirms A High Velocity cowl will be fitted, which will displace the odours in a spiral form, 30 metres above the exit of the flue and that the noise level would be no more than 30dcb from the exit point of the cowl, due to the introduction of silencers. The department is therefore content with the proposal from this respect. A condition can be attached to any approval which requires that noise levels must not be any louder than 45dB when measured from any residential façade. - 6.5 Further consideration is also given that the foods proposed to be cooked are baked breads, roasted vegetables, cooked chickens and heating of foods. The facts no fryers are being proposed to be installed, which generally have a greater concern in relation to odours, is also an important consideration. Although the Department could not prevent a fryer being installed at a future date. Furthermore, consideration is given that the property was used as a fishmonger which included the preparation of the fish. This may have the potential to cause a greater odour concern. - 6.6 Consideration is also given to the opening hours which are from 0830hrs to 1630hrs. These are not anti-social hours and are hours more associated with a café premises, rather than a take away business which are generally open during night/early morning periods and which cook food (fryers etc) which generally has a greater odour potential. A condition indicating the hours of operation should be attached as stated by the applicant and not the Commissioners' suggestions which do not tally. The reasoning for this is the planning application specifically states times of opening and if members of the public have looked at the application and determined they perhaps have no objection to the proposal due to the times stated and therefore they would expect the opening times as stated, not the extended hours. The applicant could, in the future, submit a variation of the condition application to alter the opening hours. - 6.7 The Department has also discussed the proposed use and extraction system with Environment Health. They have confirmed that the proposed ventilation system appears to be adequate for the nature of the food business proposed. POTENTIAL IMPACT UPON THE CONSERVATION AREA - 6.8 Turning, then, to Environment Policy 35, the central issue is the extent to which the proposal preserves or enhances the appearance or character of the conservation area. The flue to the rear elevation, projects no more than 1.1 metres above the roof plane of the rear single storey outrigger and therefore is not apparent from Parliament Street (i.e. Conservation Area) only from certain aspects to the rear of the site which is already made up of flues, & bin storage etc. As no major external alterations are proposed which would affect the Conservation Area, it is considered the proposal would comply with Environment Policy 35. OTHER MATTERS - 6.9 Objections to the proposal relate to commercial concerns. Whilst understood, these are not material planning matters which can be considered in the determination of the application.

6.10 In terms of potential flooding of the area/site, the applicant has discussed the proposal with Manx Utilities in relation to this matter, who are now content with the proposal.

7.0 RECOMMENDATION - 7.1 For these reasons the proposal is considered to comply with the relevant polices of the Strategic Plan and the Ramsey Local Plan and therefore recommended for an approval.

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:

• The applicant, or if there is one, the applicant's agent;

• o 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;
• o 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
• o The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

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 accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, 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: The owners/occupants of The Tasty Bite, 29 Parliament Street, Ramsey

Recommendation Recommended Decision: Permitted Date of Recommendation: 28.07.2016 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. The kitchen extract system(s) shall not exceed the noise limit of 45 dB LAeq, 5 minute measured at the façade of neighbouring residential premises. Reason: In the interests of public and private amenities.
• C 3. No customers shall be served or remain in the building outside the following hours 0830hrs till 1630hrs Monday to Friday and 0900hrs till 1530hrs on Saturdays.

Reason: In the interests of public amenity and as these are the times indicated within the planning applicaiton submission.

• C 4. The extractor system and flue hereby approved are required to be carried out in accordance with the approved detailed listed within the submitted letter dated 19th July 2016 and the "proposed Elevational Drawing - 1:50 scale" and retained thereafter. Reason: To safeguard the amenities of the occupiers of adjoining properties.

This approval relates to drawings reference Location Plan - 1:1000 scale; Existing and Proposed Floor Plans - 1:50 scale; proposed Elevations - 1:50 scale and letter from applicant to the Department dated 19th July 2016 received on 19th May 2016 and 19th July 2016 .

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 04.08.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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