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                                      18/00230/C                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/00230/C Applicant : Rory Dorling T/a Gelatory Proposal : Change of use from retail/therapy to ice cream parlour Site Address : 1 Market Hill Ramsey Isle of Man IM8 1JT

Case Officer : Mr Owen Gore Photo Taken : 17.05.2018 Site Visit : 17.05.2018 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 04.06.2018 __

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. 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.

C 3. 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.

C 4. The premises shall not be open for trading except between the hours of 1100 to 2200 daily.

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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.

N 1. The applicant is advised that no approval has been given for any external advertisements and such consent should be sought under the Town and Country Planning (Control of Advertisement) Regulations 2013.

Plans/Drawings/Information:

This Planning permission relates to the following plans and documents: -

Location Plan Site Plan Existing Internal Layout (Drawing No. (bw)ap03b - Ground Floor Plan) Proposed Layout (Drawing No. (bw)ap03b - Ground Floor Plan) Date-stamped as having been received 05 March 2018.

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Interested Person Status - Additional Persons

None __

Officer’s Report

THE SITE 1.1 The application is a recently developed building occupying a corner plot. The site is located on the southern side of Market Hill and east of the Court House. There is a variety of uses in the area, including retail units, hot food takeaways and pubs/bars.

THE PROPOSAL 2.1 The proposal is to change the use of the ground floor unit from a mixed use Class 1 shop and sui generis foot health therapy clinic to a 'gelateria' which is considered to fit within Class 3 food and drink but also including an element of takeaway; the applicant has specified that they intend to sell hot and cold drinks, ice cream and other desserts.

2.2 The applicant has provided the proposed hours of operation as between 11am and 10pm, daily.

PLANNING POLICY 3.1 The site is shown on the Ramsey Local Plan 1998 map 2 (south) as being within the local plan area and the property is designated within a Mixed Use area within the town centre; the site is also within the Ramsey Conservation Area. General Policy 2 applies to proposals that are in accordance with the land-use zoning and Environment Policy 35 applies to proposals within a Conservation Area.

3.2 Due to the nature of the existing and proposed uses, Business Policy 9 and Business Policy 10 are also considered to be applicable in this instance.

PLANNING HISTORY 4.1 The previous planning applications are not considered to be specifically material in the assessment of the current application, although the planning permissions Ref: 10/00235/B for the Re-development of site to create ground floor commercial unit and two apartments; and

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                                      18/00230/C                                     Page  3  of  4

Ref: 16/00242/C for the Additional use of retail premises as a foot health therapy clinic have been noted.

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they have reviewed the proposal do not oppose, in the letter dated 06 April 2018. The comments continue: -

'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'.

5.2 Ramsey Town Commissioners have commented on this application and stated that they do not object in the letter dated 22 March 2018. The comments include the observation that the applicant has provided the proposed hours of operation and the recommendation that these hours be included as part of a condition, if approved.

ASSESSMENT 6.1 The proposed use fits in with the costal and town centre area; the principle for the change of use is therefore acceptable, subject to the considerations below.

6.2 The intended use is considered to fit within Class 3 food and drink but also including an element of takeaway; however the proposed use as an ice cream shop means that it will not include the equipment associated with other food and drink/takeaway uses, such as deep-fat fryers or mechanical extraction for cookers. A condition can be included to restrict such equipment being installed at the premises and if a future occupier wishes to install these, an application can be submitted and the appropriate assessment can be carried out.

6.3 This proposal does not include any works to the external elevations of the building or the erection of any signage, which would require consent in its own right.

6.4 Part (g) of General Policy 2 states that proposals should not adversely affect the amenity of local residents. As the unit will not include the above mentioned equipment, in terms of neighbour impacts the key issue is likely to be the hours of operation; Ramsey town commissioners have noted this in their comments. Although the closing time of 10pm might be considered to be excessive for an ice cream/dessert shop, this is a town centre location and there are a number of uses in the town centre and on the square that have similar opening hours.

6.5 Parts (h) & (i) both relate highways, stating that the proposal should provide satisfactory amenity standards, including adequate parking, servicing and manoeuvring space; and that they do not have an unacceptable effect on road safety or traffic flows on the local highways. The highways officer has reviewed this proposal and does not object.

CONCLUSION 7.1 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings and would not result in a significant adverse impact upon the living conditions of neighbouring residents, subject to controls. There is no provision for on-site parking; however, this is a town centre location with good access to public transport and parking in front of the site.

7.2 The proposal is therefore in accordance with General Policy 2.

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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. __

I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted

Date : 13.06.2018

Determining officer

Signed : J CHANCE

Jennifer Chance

Director of Planning and Building Control

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