14 June 2018 · Delegated - Director of Planning and Building Control (Jennifer Chance)
1, Market Hill, Ramsey, Isle Of Man, IM8 1jt
The application sought permission to change the ground floor unit of a recently developed corner building from a mixed retail shop and foot health therapy clinic to an ice cream parlour selling ice cream, desserts, hot and cold drinks with ancillary takeaway.
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The officer assessed the proposal against General Policy 2, confirming it fits the mixed use town centre zoning and would not unacceptably harm the building's character or surroundings, as no external…
General Policy 2
Requires proposals in line with zoning not to adversely affect residential amenity (part g), provide satisfactory parking/servicing (part h), or impact road safety/traffic (part i). Officer tested against neighbour amenity from hours and equipment, highways impacts, and found compliant in town centre with conditions; tipped balance via no extraction needs and public parking availability.
Environment Policy 35
Applies to proposals in Conservation Areas. Site in Ramsey Conservation Area but no external works proposed, so no harm to character; officer noted principle acceptable without impacting existing building.
Business Policy 9
Relevant due to nature of existing and proposed uses; supports change in mixed use area.
Business Policy 10
Relevant due to nature of existing and proposed uses; supports change in mixed use area.
Time limit
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.
Use restriction
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) the ground floor unit shall only be as a Class 3 food and drink, with ancillary takeaway of cold desserts or hot and cold drinks, or as a Class 1 shop and shall not be used for any other purpose. The use hereby permitted shall not include the sale of hot food for consumption off the premises or any activity involving such sales whether ancillary or incidental to the use of the premises. Reason: To ensure proper control of the development and to avoid any future undesirable uses being carried out on the site in the interest of the amenity of the neighbouring properties in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
No deep fat frying or extraction
There shall be no deep fat frying on the premises at any time and no mechanical kitchen extraction equipment shall be installed within the unit. Reason: To protect the living conditions of neighbouring residents and in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
Trading hours
The premises shall not be open for trading except between the hours of 1100 to 2200 daily. Reason: In the interests of the amenities of nearby residents and in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
Do not oppose; no vehicular access or off-street parking needed as town centre site with nearby public parking; no new highway issues.
No objection; recommend conditioning proposed hours of operation (11am-10pm) if approved.
Ramsey Town Commissioners have no objection but recommend a condition restricting opening hours to 11:00 a.m. to 10:00 p.m. daily; Department of Infrastructure Highways Division does not oppose the application.
Ramsey Town Commissioners
Conditional No Objectionwhilst they had no objection to the proposal, they made the following observation: - The Applicant has supplied details of opening hours for the ice cream parlour, these being 11:00 a.m. to 10:00 p.m. daily.; Should this application be approved, the Commission recommends the inclusion of the above information as a Condition of any such approval.
Conditions requested: Inclusion of opening hours 11:00 a.m. to 10:00 p.m. daily as a Condition of any such approval
Department of Infrastructure (DOI) Highways Division
No ObjectionHighway Services does not oppose the application.; There is no vehicular access to the site or any off-street parking, and no outside space to enable such to be created. However, the site is located in the town centre where public car parking is available in close proximity and therefore no new highway issues should be created as a result of the development.
