DEC Officer Report

Application No.: 19/00061/B Applicant: Chun Yan Wang & Kun Lu Proposal: Alterations and variation of condition 3 of PA 16/00573/B, 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, to change the cafe hours of operation Site Address: 23 Parliament Street Ramsey Isle of Man IM8 1AS Senior Planning Officer: Mr Thomas O'Connor Photo Taken: 06.03.2019 Site Visit: 06.03.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 19.03.2019 _________________________________________________________________

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 0930hrs till 1800hrs Monday to Saturdays and 0930hrs till 1700hrs on Sundays.

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

• C 4. The extractor system and flue are required to be installed in accordance with the approved details listed within the letter dated 19th July 2016, submitted in respect of planning application 16/00573/B, and the "proposed Elevational Drawing - 1:50 scale" and retained as such thereafter. Reason: To safeguard the amenities of the occupiers of adjoining properties.

Plans/Drawings/Information:

This approval relates to drawings reference Location Plan - 1:1000 scale; Existing and Proposed Floor Plans - 1:50 scale; Proposed Elevations - 1:50 scale indicating roof extraction duct; note indicating variation of hours; external photograph of roof and fryer details submitted to the Department and dated stamped 23rd January 2019.

_______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE

1.0 THE APPLICATION SITE - 1.1 The application site is the former Rosa's Pantry at 23 Parliament Street, Ramsey, a two storey corner terrace building within the town's main shopping street and conservation area that is currently utilised as a hot food takeaway with a small area to the front to allow for food to be consumed on the premises. Until the grant of planning permission as a hot food outlet (16/00573/B), the ground floor of this property was used as a fishmonger's shop. 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. - 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 This planning application seeks to vary Condition 3 of the previous permission (16/00573/B) for hot food consumed on and off the premises issued on 5th August 2016. This previous condition limited the hours of opening and trading to 0830hrs till 1630hrs Monday to Friday and 0900hrs till 1530hrs on Saturdays. This application seeks to vary the hours of opening to:

• o 0930hrs - 1800hrs Mondays to Saturdays;
• o 0930hrs - 1700hrs Sundays

It is important to remember that planning permission 16/00573/B is still in place and that condition 4 of this permission pertaining to the external flue would still apply. As previously approved, the 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.

Details of the internal fryer to be installed internally are outwith of planning control.

- 3.0 PLANNING HISTORY

3.2 Extension to fishmonger's preparation room - 97/01715/B - approved.

3.3 Conversion of an existing retail unit to additionally provide for hot food and drink for consumption on and off the premises, creation of an indoor seating area and installation of an external flue (16/00573/B), approved 05/08.2016.

- 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 Highway Services, received 01.02.2019, does not oppose this application

5.2 The Ramsey Town Commissioners, received 23.02.2019, have no objection - 5.3 Neighbours: No observations received

- 6.0 ASSESSMENT

6.1 The principle of the change of use of the premises to hot food and its impacts in terms of noise, smells and amenities of nearby occupiers have already been addressed in the primary permission (16/00573/B). This application pertains solely to a variation of condition 3 of this permission to extend the hours of operation and opening as indicated above.

6.2 With planning permission granted, the applicant now additionally intends to install a fryer which is something the Department could not prevent. However, to date, no flue has yet been installed in the roof in accordance with the requirement of condition 4 of 16/00573/B. If the applicant intends to prepare hot food they will have to install the flue as previously approved and the condition previously imposed should be reiterated. - 6.3 Main consideration is given to the revised opening hours which would be from 0930 1800hrs Monday to Saturday and 0900 to 1700hrs on Sundays. These hours would offer a slight extension of business hours on Mondays to Saturdays and introduce a Sunday opening that would reflect that already operated by similar businesses on the Island and arguably, be more compatible with current customer requirements without encroaching into evening opening. - 6.4 On balance, these are not anti-social hours and are hours more associated with a daytime café premises, rather than a take away business which are generally open during night/early morning periods. A variation of condition 3 of 16/00573/B to reflect the proposed modest extensions in the hours of opening can therefore be allowed without affecting the amenity of the area or residential amenity or nearby residential properties. - 6.5 The Department previously discussed, in respect of the principle application 16/00573/B, the proposed use and extraction system with Environment Health. They confirmed that the proposed ventilation system appears to be adequate for the nature of the food business proposed.

- 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. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), 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
• (d) Highway Services Division of Department of Infrastructure and

• (e) The local authority in whose district the land the subject of the application is situated.

8.2 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 in Article 6(4) who should be given Interested Person Status. 8.3 The Department of Environment Food and Agriculture is responsible for the determination
• of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

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

Decision Made : Permitted Date: 20.03.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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