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Application No.: 18/00672/B Applicant: Simon Russell Tyer Proposal: Use of domestic garage as food preparation area for catering business (retrospective) Site Address: 1 Cooil Breryk Ramsey Isle of Man IM8 3HH Photo Taken: 30.01.2019 Site Visit: 30.01.2019 Expected Decision Level: Planning Committee Recommended Decision: Refused Date of Recommendation: 05.02.2019 Reasons for Refusal: R 1. The use of the domestic garage as an additional food preparation area in relation to the owner's fish and chip business has resulted in an intensification of the use of the site that is a clear detriment of the amenity of residents within the surrounding residential streets. As such, the continued operation of a business on this increased scale would be contrary to the requirements of Policy R/I/P4 paragraph 4.17 (a) in respect of there being an increase in the intensity of use and General Policy 2 (g) of the Isle of Man Strategic Plan 2016 in adversely affecting the amenity of local residents and character of the locality.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
Their letters indicate that they do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018) being in excess of 20 metres distant of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy.
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
0.0 UPDATE - 0.1 This application was considered by the committee on 29th April 2019 and the determination was deferred so that a site visit could be carried out to check that the container had been removed from the site and the status of the other works on the site. This is to be carried out on 10th May 2019 and a verbal update will be given to the committee. - 0.2 Although the officer recommendation is unchanged, it was noted in the meeting that the members were sympathetic to the circumstance and wished to give the applicant time to resolve the issues presented. It was questioned if a deferral of the consideration could be made pending a site visit to check the promised tidying up had been carried out. - 0.3 Officers noted that other recent applications for businesses at residential properties where conditions have related to issues such as the business operator also living in the property, and also that the applicant clarified that they were seeking a 3 year temporary approval. - 0.4 Matters which have been condition in other applications recently and may be relevant here include:
0.5 In the event that the committee overturn the officer recommendation and approve the application it may be appropriate to consider:
0.6 The rest of the report is unchanged.
1.0 THE SITE - 1.1 The site consists of a detached bungalow located in the junction of Grove Mount with Cooil Breryk within a predominantly residential area of Ramsey. Much of the rear of the dwelling has been laid out for food preparation and on the side curtilage facing onto Cooil Breryk there is located a metal storage container and mixed clutter and equipment stored in the open. A half build garage occupies the rear of the site accessed by a driveway off Grove Mount and at the time of the site visit a fish and chip van was parked in the drive.
2.0 THE PROPOSAL - 2.1 The proposal is retrospective in character and seeks to regularise a use of part of the premises, namely the garage, as a food preparation area for a catering business run from the site. The food preparation area seems to be operated from the rear of the house and includes the shed/garage area as well as a substantial part of the rear of the dwelling. There was no evidence of the cooking of food for preparation at the time of the site inspection on 30/01.2019 and the application was for the preparation of food and not its cooking on the premises. However, there was equipment in the kitchen capable of being put to this use. Also, two chip vans are parked within the curtilage.
3.0 PLANNING HISTORY 3 1: 09/01715/R Proposal : Widening driveway Status : Refused 21/12/2009
4.1 The Ramsey Local Plan December 1998 applies to this site and though it is located wholly within a residential area to the north of the borough to the west of Mooragh Park, there is no specific housing policy specific within the plan the precludes some small scale business or commercial development within these areas. Policy 4.5 (Workshops) (Employment Industry and Public Utilities) recognises that small workshops businesses and service industries such as this catering business occupy sites in residential areas which are less than ideal in terms of their location. It recommends that such established businesses are not relocated provided that limited expansion would not result in an increased intensity of use and generate no additional nuisance in the surrounding neighbourhood. Policy R/I/P4 of this document states that there is a presumption in favour in retaining workshops in areas not allocated for industrial use subject to:
4.2 However, General Policy 2 of the Isle of Man Strategic Plan 2016 is more specific in land use zoning and 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:
5.2 Highways: No Highways interest (received 27.07.2018)
5.3 Neighbours: Two letters have been received from local residents, respectively on 10.07.2018 and 19.07.2018, objecting to the proposal: In synopsis, the objections can be summarised as follows:
6.1 It is clear that a substantial commercial activity to service and provision two fish and chip vans is being carried out from the site which, in the estimation of the Officer visiting the site on 30/01/2019 occupies approximately half of the ground floor area of the dwelling plus rear garage as well as generating outside storage and clutter to the side and rear of the dwelling.
6.2 Representations have been received from local residents indicating that the business operation is having an adverse and continuous impact upon the amenities of neighbouring occupants within this primarily residential area of Ramsey. Though some businesses can be operated from home without generating any material detriment to neighbours, the operation and preparation in respect of this particular the fish and chip business, serving two vans, with over half the ground floor of the dwelling given over to food preparation, is a clear indication of the success of a business that has
outgrown the ability to be undertaken from home without adverse impacts upon the residential amenity and character of the area. Storage of the vans within the drive; delivery vans as well as an increase in the activities emanating from the food preparation all add to a clear detriment of the amenity of residents within the surrounding residential streets. As such, the continued operation of a business on this scale would be contrary to the requirements of General Policy 2 in adversely affecting the amenity of local residents and character of the locality.
6.3 A successful business such as this has clearly outgrown the ability of the premises to service this business without adverse impacts upon the residential amenities of the surrounding residential area and may benefit from relocation to premises more suitable for commercial activities of this sort elsewhere in Ramsey. - 7.0 CONCLUSION
7.1 The use of the domestic garage as an additional food preparation area in relation to the fish and chip business run from the site has resulted in a clear detriment of the amenity of residents within the surrounding residential streets. As such, the continued operation of a business on this increased scale would be contrary to the requirements of General Policy 2 in adversely affecting the amenity of local residents and character of the locality. - 8.0 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:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 13.05.2019 Signed : Mr Thomas O’Connor Presenting Officer Further to the decision of the Committee an additional report and condition of approval were required YES/NO See below
Application No. : 18/00672/B Applicant : Simon Russell Tyer Proposal : Use of domestic garage as food preparation area for catering business (retrospective) Site Address : 1 Cooil Breryk Ramsey Isle of Man IM8 3HH Senior Planning Officer Mr Thomas O'Connor Reporting Officer As above Addendum to the Officer’s Report
At the meeting on 29.04.19 the members were sympathetic to the circumstance and wished to give the applicant time to resolve the issues presented. It was questioned if a deferral of the consideration could be made pending a site visit to check the promised tidying up had been carried out. The Committee unanimously declined the recommendation of the case officer and agreed to defer further consideration until May 9th in order that an Officer may confirm that the container had been removed, the integral garage had been tidied and the new garage completed.
On the 13.05.19 Officers confirmed that the site had been visited and photographs were available. The container had been removed and, although there was some minor external storage of items, no food preparation activities appeared to be being carried out other than within the garage. The Committee unanimously declined the recommendation of the case officer (noting the discussion at the previous meeting) and the application was approved.
Reason: The development has only been found to be acceptable on a short term basis because it meets a specific short-term situation
Reason: The development hereby approved is only acceptable in this location because of the special circumstances of the applicant.
Reason: For the avoidance of doubt, to ensure the proposal is in accordance with the application and in the interests of local amenity.
This approval relates to the following plans, drawings and information:
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