Officer Report

Application No.: 15/00125/B Applicant: St Paul's Bookshop Limited Proposal: Conversion of part of existing premises to provide coffee bar with provision for serving hot food Site Address: St Pauls Square Bookshop Unit 2-3 Church Walk St Pauls Square Ramsey Isle Of Man IM8 1LA Case Officer : Miss Melissa McKnight Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of Units 2 and 3 St Pauls Square which comprises St Paul's Bookshop, a single storey retail unit sited on the western side of St Paul's Square forming a wider part of the St Paul's Precinct shopping area in Ramsey. Above the unit are separate residential living units as part of St Pauls Apartments.

2.0 THE PROPOSAL - 2.1 The planning application seeks the approval for the conversion of part of the existing bookshop to provide coffee bar with provision for serving hot food. - 2.2 Proposed is the installation of a coffee bar in the northern part of the unit. The coffee bar would comprise a food preparation area, server/counter, two WC, male and female, a seating area, a children's seating area and bookshelves. - 2.3 Also proposed is the removal of the existing doors on the rear elevation and replaced with a single door with the remaining aperture blocked up with painted render to match the existing. There would also be two mechanical ventilation grilles on the upper part of the ground floor that would operate while food and beverage preparation is in progress with the other operating while the WC is in use which would have a 15min over run. The cooker and toast/panini machine ventilation would operate at a sound level no higher than 35.4dba which is equivalent to a quiet library.

2.3 At present the book shop operates between 09.00 and 17.30 Monday to Saturday with occasional Sunday openings. It is proposed that the coffee bar would operate the same times as the book shop. - 2.4 The proposed coffee bar would serve hot beverages such as tea, coffee, hot chocolate along with chilled drinks, biscuits and cakes as cold food. The hot food offering would likely to be paninis, toasties, toasted teacakes, soup, cakes and pastries. There would be some take outs, predominantly hot drinks, but the main business will be to serve the bookshop customers.

2.5 It is envisaged that the coffee shop would employ 3 members of staff.

3.0 PLANNING HISTORY - 3.1 Most recently in 2013 planning approval was granted under PA 13/00343/C for the additional use of premises as a coffee bar only serving cold food. This previous planning application was granted planning approval subject to the following conditions:

• C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
• C 2. The development hereby permitted shall not be carried out except in full accordance with the following plans Drawing No. 1120/PL01 received on 18th March 2013.
• C 3. The premises may be open only between 0900hrs and 1730hrs on any day.

C.4. There should be no hot food cooked on or sold from the premises.

3.2 Previous to this he application site was the subject of one other planning application 1993 which sought approval in principle for 3 replacement shopfronts, St. Pauls Bookshop, 1, 2 & 3 Church Walk, St. Pauls Square, Ramsey. This was granted planning approval under PA 93/00545/A.

- 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 also falls within the Sulby River Flood Zone which has a flood return period of 200years. There are no policies within Planning Circular 2/99, the written statement accompanies the Local Plan, considered specifically relevant to the assessment of this current planning application. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application:

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."

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 Ramsey Town Commissioners have no objection but have made the observation that the applicant has supplied details of opening hours for the proposed coffee bar, the hours being 9.00 am to 5.30 pm Monday to Saturday. Should this application be approved, the Commissioners recommend the inclusion of the above information as a Condition of any such approval (23/02/2015). - 5.2 The Architectural Liaison Officer has stated the following:

"I have examined the documentation submitted in relation to the said application and it is noted that the proposed application stated hours when the Cafe and Restaurant facility will operate will be:

Opening times of the coffee shop will be the same as the book shop currently 9am until 5.30 pm Monday to Saturday.

I would therefore strongly recommend that the trading hours are controlled and request that the time condition be placed upon any approval granted in respect of the said application. To the effect that:

Opening times of the coffee shop will be the same as the book shop currently 9am until

• 5.30pm Monday to Saturday." (13/02/2015).

5.0 CONSULTATIONS - 5.1 Under PA 13/00343/C the Isle of Man Water & Sewerage Authority, now Manx Utility Authority (MUA) was contacted requesting their views and comments on the planning application given that the site is within a flood zone. MUA confirmed that the Authority had no concerns over the change of use, as the premises is already classified as a retail business and is considered low risk. The Authority did however require a comment attached to any approval informing the applicant that :Under section 6 of the Sewerage Act 1999 there must be no discharges of any matter likely to

injure the sewer or drain, to interfere with the free flow of its contents or to affect prejudicial the treatment and disposal of its contents.

A grease/fat trap is recommended to be installed and maintained by the occupier/ owner to prevent any such waste entering the drainage system.

No discharge of fat or other food waste, which will affect the performance of the public foul sewerage system, will be permitted to the foul sewer. It will be the responsibility of the developer/occupier of the premises to provide satisfactory means of disposal for such waste.

5.2 It was felt necessary to consult with MUA regarding the current planning application given that hot food would be served on the premises. MUA confirm that the response to PA 13/00343/C would be a similar response in relation to the new application (PA 15/00125/B) as any application where the production of hot or cold foods are proposed that have the possibility of discharging fats/oil/grease into the sewer which in turn would affect the downstream sewerage system (13/02/2015). - 5.3 Given the proximity of the mechanical ventilation extract grilles to the windows above it was felt imperative to receive the comments of Environmental Health regarding any nuisance that could be caused upon the residents of the living unit above the grilles. The Environment Health Officer has no objection to the current planning application, subject to the premises being operated in such a manner so as not to be prejudicial to health or a nuisance and in compliance with the following Legislation:Food Act 1996 Public Health Act 1990 Public Health (Tobacco) Act 2006 Local Government (Miscellaneous Provisions) Act 1976 Health & Safety at Work etc. Act 1974 (and all other associated Regulations). (22/04/2015).

- 6.0 ASSESSMENT

6.1 As it is now proposed to prepare and serve hot foot at the premises there are three key issues to consider in the assessment of this current planning application which are:

• 1) The principle of the use;
• 2) The impact upon users of the locality and neighbouring residents; and
• 3) The impact upon parking.

- 6.2 PRINCIPLE

• 6.2.1 As identified under PA 13/00343/C, the proposed additional use of St Paul's Bookshop as a coffee bar is considered to be a suitable ancillary use and would complement the existing use of the bookshop well. The proposed additional use of the existing bookshop would accord with the current land use designation for the area.
• 6.2.2 It is considered that there would be no unacceptable impacts arising from the use of a coffee bar serving hot food within the unit, and the proposal is judged to bring additional vitality, vibrancy and opportunities to Ramsey Town Centre along with St Paul's Bookshop. The additional use proposed is positive with regards to the economic viability of the town and the proposed increase in facilities can only be of benefit to the town and St Pauls Bookshop.
• 6.3 IMPACT UPON USERS OF LOCALITY AND NEIGHBOURING RESIDENTS

• 6.3.1 With regards to the potential impacts of nearby residential properties, there are two main aspects which could cause concern, noise and smells produced by the cooking of food

• and persons coming and going from the site and whether this would cause a significant nuisance.
• 6.3.2 Arguably the residential units above the application unit are most likely to be affected by the development as the first floor windows would be positioned directly above the ventilator grilles.
• 6.3.3 The ventilator grille of the cooker/food preparation area, measured to the closest point, would be situated approximately 2.2 metres from the nearest points of the first floor accommodation windows. The WC ventilator grilles would be, at closest, 2.1 metres from the nearest window. It is not known what rooms these windows serve.
• 6.3.4 A risk assessment for odour control can be undertaken as a means of determining odour control and can assist in determining what mitigation measures can be put into place to reduce odour impact. This risk assessment is based on the sum of contributions from dispersion, proximity of receptors, size of kitchen and cooking types. There are three level of scores regarding the impact risk, Low to medium (Less than 20), High, (20 to 35) and Very High (more than 35). In the case of this application, based on the information submitted within the application, the proposal scored 17 where the risk of problems arising due to the types of cooking activity is low to medium.
• 6.3.5 On assessment, from the information received and with the comments received from DEFA, it is considered the proposal would not adversely affect neighbouring amenities through kitchen odours that would be produced by the production of the hot food being prepared.
• 6.3.6 Regarding potential noise issues from the extractor system, the mechanical specification of the ventilation grille, states when operating at its highest the ventilator would not be louder than 35.4 dB(A) at three metres. As previously mentioned, this is equivalent to a quiet library. Operating at its lowest level, 22.4 d B(A) is equivalent to the sound of breathing at 1 metre distance. It is considered that the mechanical ventilator grilles would not unduly harm neighbouring residents with regards to noise pollution.
• 6.3.7 The sound levels of use of the take-away element and general and goings cannot physically be measured, but can be foretold. The coffee bar would only operate when the book shop was open; 09.00 - 17.30. Noise levels of comings and goings may increase as business increases but would be no more than significant than general passers-by or users of the car park to the rear of the application site.

- 6.4 IMPACT UPON PARKING

• 6.4.1 The application site provides no parking. However, the site is within a town centre location, within close proximity to public car parks and is in a location with good access to public transport.
• 7.0 RECOMMENDATION

7.1 Overall it is concluded that the planning application is in accordance with General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2007 and as such the planning application is recommended for 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:

• (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) The Highways Division of the Department; and
• (e) The local authority in whose district the land the subject of the application is situated.

Recommendation Recommended Decision: Permitted Date of Recommendation:

22.04.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

• 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 use hereby approved shall not be undertaken outside the following times: 0930hrs to 17.00hrs on any day. Reason: In order to protect the amenities of the area.

This approval relates to DRAWING No 01, 50, 100 and 300 and Vent details all date stamped as received on 6th February 2015.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 27.04.2015 Determining officer (delete as appropriate)

Signed :………JENNIFER CHANCE……….. Jennifer Chance Head of Development Management