4 January 2017 · Delegated
66, Parliament Street, Ramsey, Isle Of Man, IM8 1aj
The application sought to change the use of the ground floor of a three-storey building on Parliament Street, Ramsey from retail (the shop had recently relocated to another unit nearby) to a food and drink use (Class 3), operating as a wine and tapas bar opening from noon. An extraction flue at the rear was also proposed and amended during the application to provide full details. The main planning issues were the loss of a retail unit on a protected shopping street, potential odour, noise, and disturbance affecting the flat above, and the visual impact of the extraction flue. The extraction duct was assessed as sitting beneath existing metal decking and reading as part of that structure, making it visually acceptable. Impacts on the residential flat above were considered capable of being addressed through planning conditions, of which five were attached to the approval.
The application was approved because the wine and tapas bar was judged to offer a direct public service complementary to the surrounding shopping area without undermining its vitality or viability. Potential harm to the occupier of the flat above from odour, noise, and disturbance was considered manageable through conditions. The rear extraction flue was found visually acceptable as it would sit beneath existing metal decking.
Retail Uses
There will be a general presumption in favour of retention of retail uses at ground floor level in the main shopping streets
n space. It is recommended that the D.L.G.E., in consultation with the Commissioners, should seek to improve and enhance the amount and quality of open space within the town centre (reference: Policy R/TC/P16). It is also considered that improvements to advertising and signage can enhance the visual qualities of the town centre and, where appropriate, agreed measures should be implemented at the earliest opportunity (reference: Policy R/TC/P17). ## Policies and Recommendations
General Policy 2
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
General Policy 2: 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. 6.3 Development outside of areas zoned for development
Environment Policy 22
Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties
Environment Policy 22: 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. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
No customers shall be served or remain in the building between 0100hrs and 1200hrs in any day.
Condition 3
No cooking shall take place until the means of extraction and dispersal of cooking smells/fumes, including odour filters and silencer/attenuator referred to in email/information date stamped 3 November 2016, have been installed and thereafter shall be permanently retained.
Condition 4
The kitchen shall not be operational after 2200hrs or before 1200hrs in any day.
Condition 5
The premises may be used for any purpose under Class 3 of the Town and Country Planning (Use Classes) Order 2012 - Class 3 Food and drink: Use for the sale of food or drink for consumption on the premises or of hot food for consumption on the premises (including use as a restaurant, café, wine bar or public house).
