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Application No.: 18/01097/C Applicant: Dave's Delicious Dogs Ltd Proposal: Change of use from retail (Class 1) to a cafe / restaurant (Class 3) Site Address: Shop Unit 2 Church Walk St Pauls Square Ramsey Isle of Man IM8 1LA Planning Officer: Mr Nick Salt Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 22.11.2018 _________________________________________________________________
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.
N 1. Informative Note:
Manx Utilities Authority have assessed this application and provided comments which are relevant to the applicant. Under Section 6 of the Sewerage Act 1999 it is the applicant's responsibility to ensure that the free flow of sewers or drains connected to the property is maintained. It is the responsibility of the owner/occupier to ensure that satisfactory means of fat/grease disposal are provided. Manx Utilities recommend the installation of a grease/fat trap to prevent fat waste entering the drainage system.
This permission relates to the following plans and drawings, date stamped received on 19th October 2018:
It is recommended that the following Government Departments should not be given Interested Person Status on the basis that although they have made written submissions these do not relate to planning considerations:
Manx Utilities as they are not within 20m 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. _____________________________________________________________________________
1.0 SITE - 1.1 The proposal site is a retail unit at 2 Church Walk, St Pauls Square, Ramsey. The unit is part of a terraced row of shops, 3 storeys in height and of 1960's/70's block design featuring a flat roof. - 1.2 The site is adjoined by No.1 to the south - a retail unit (Class 1), and No.3 to the north
2.0 PROPOSAL - 2.1 Proposed is the change of use only from Class 1 (retail) to Class 3 (café/restaurant) with no external alterations proposed. - 2.2 The opening hours are to be mid-morning - 11pm Monday to Saturday, Closed Sunday. The café/restaurant would employ 3 staff members, and the maximum customer capacity would be 45. There are two existing parking spaces at the rear for the staff member, customer parking would be via the St Pauls car park and the Market Square car park both within 60m of the premises. The bus route passes the Market Square and there is a stop within 50m.
3.0 PLANNING HISTORY - 3.1 There are no previous planning applications for this until on file, however the following nearby applications are materially relevant:
4.0 PLANNING POLICY - 4.1 The proposal site is in an area designated in the Ramsey Local Plan 1998 as Mixed Use
4.2 It is therefore important to give consideration to Strategic Policy 9 of the Isle of Man Strategic Plan 2016, concerning the importance of viable and vibrant town centres to provide convenient and accessible amenities for all members of the community:
"All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park(1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8."
Consideration must also be given to General Policy 2 (in part):
"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: (c) does not affect adversely the character of the surrounding landscape or townscape;
5.0 REPRESENTATIONS - 5.1 Manx Utilities have no objection to the application (26.10.18).
6.0 ASSESSMENT - 6.1 When assessing this proposal, it is important to consider the principle of the change of use, the potential impacts on the surrounding area and the town centre, and on parking provision for both staff and customers. PRINCIPLE OF THE CHANGE OF USE - 6.2 In principle, there are no issues with the change of use from a Class 1 retail shop to a Class 3 café/restaurant given that the site is located within a Town Centre designated for both uses. Both uses are prevalent in the area, and the central location of cafés and restaurants in towns can encourage their overall vibrancy and footfall. In this respect the proposal is in keeping with Strategic Policy 9. IMPACT ON THE AREA - 6.3 Visually, there would be no proposed alterations to the shop front, and the units do not positively contribute to the visual aesthetic of Ramsey town centre. - 6.4 The proposed opening hours from mid-morning until 11pm would not be out of keeping with town centre general opening hours and activity. The nature of the use would be unlikely to cause noise in excess of human conservation, some background music and the people arriving and leaving. Given that a number of cafes and restaurants exist in the area, and the limited number of residential units, the impact would be minimal. It is not regarded that a condition surrounding hours of opening is necessary given the proposals nature and location. PARKING - 6.5 With regard to parking, only 2 spaces would be provided for 3 staff members however, the unit faces a large car park (St Pauls Square) and is within 60m of Market Square, these could be used for staff overflow parking and customer parking as they currently are for the retail use. It is not considered that there would be a negative impact in terms of parking provision or use.
7.0 CONCLUSION - 7.1 In summary, the proposed change of use complies with the aforementioned policies in the Isle of Man Strategic Plan 2016 and is recommended for approval.
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:
8.2 The decision maker must determine:
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: 23.11.2018 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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