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19/01427/C Page 1 of 3
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/01427/C Applicant : Zaria Investments Limited Proposal : Change of use from estate agents to a hairdressers (retrospective) Site Address : Shop 1 27 Parliament Street Ramsey Isle Of Man IM8 1AS
Head of Development Management: Mr S Butler Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 04.02.2020 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
Plans/Drawings/Information;
This approval relates to the plans and information date stamped as having been received on the 20th December 2019. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THE SITE 1.1 27 Parliament Street is subdivided into 3 units, the application site is unit 1. The site is within Ramsey Town Centre and has no dedicated parking provision within the red-line boundary
THE PROPOSAL 2.1 Retrospective approval is sought for the change of use from estate agency to a hairdresser (use commenced around 3 years ago). No external changes are proposed.
2.2 The applicant has indicated they rent a parking space at the rear of a property in Tower Street Car Park for customer use, and note there is a free car park on Albert Rd around 100 metres away. Opening hours are usually 0800 - 2200 Monday - Saturday and 0900 - 1800 on
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19/01427/C Page 2 of 3
Sundays (occasionally later if a special occasion). The business has 3 members of staff, normally 2 working at any one time. They have around 8 customers a day.
PLANNING POLICY 3.1 The site lies within an area of Mixed Use on the Ramsey Local Plan of 1999 and also within Ramsey's Conservation Area. The Local Plan contains a policy, R/TC/P1 which states: "There will be a general presumption in favour of retention of retail uses at ground floor level in the main shopping streets (Peel Street, Bourne Place, Market Hill, Market Place, (West), Parliament Street (excluding Auckland Terrace), East Street, Parliament Square (East Side). Office uses (including finance related establishments) at ground floor level will not be permitted to occupy more than 30% of the street frontage in any one block between public and vehicular highways in these streets".
3.2
Transport Policy 7 - relates to parking provision (with some flexibility for town centre locations)
PLANNING HISTORY 4.1 Planning approval was granted under 12/01686/C for change of use from retail to estate agency. Condition 2 states, "This approval relates to the change of use of the premises to an estate agency or any other use included within Class 2 - Financial and professional services - of the Town and Country Planning (Permitted Development) Order 2012, Schedule 4".
REPRESENTATIONS 5.1 The Department of Infrastructure Highway Services have no objection (10.01.20).
5.2 Ramsey Commissioners have no objection (17.01.20).
ASSESSMENT 6.1 The issue in this case is whether there would be any adverse impact to the vitality of the town centre from the change of use of the premises from an estate agents to a hairdresser and also whether there will be a net impact in terms of parking.
6.2 Under the Town and Country Planning (Permitted Development) Order 2012 the existing use (Estate Agents) would fall into Class 2 (Financial and Professional) and the proposed use (Hairdressers) would fall within Class 1 (Shops). Prior to being an Estate Agents, it appears the site was used for Class 1.
6.3 Under the new Town and Country Planning (Changes of Use) Development (No 2) Order 2019 the situation is similar - an Estate Agents is Class 1.2 (Financial and Professional Services) and a Hairdresser is Class 1.1 (Shops).
6.4 However, the new Town and Country Planning (Changes of Use) Development (No 2) Order 2019 includes Class 1 (Change of use to shops, financial and services or food and drink), which allows for, "The change of use of a building which is located within an area specified in Schedule 2 from a use - (a) falling within Use Classes ... 1.2 (Financial and professional services)... to a use falling within Use Classes 1.1 (Shops...". This is subject to the condition, "No customer shall be permitted to remain within the relevant building or land after 9pm on any day".
6.5 Therefore, the proposal would now fall within the new Town and Country Planning (Changes of Use) Development (No 2) Order 2019. If the proposes uses were to be undertaken in accordance with the Order there would be a restriction on the hours of operation such that the use would not be able to be operated after 2100hrs (which is only occasionally the case).
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19/01427/C Page 3 of 3
6.6 Notwithstanding the above, Article 6 of the Town and Country Planning (Use Classes) Order 2019 states,
"(1) Any planning application received by the Department before this Order comes into operation is to be determined as if this Order had not been made. (2) Any planning approval granted before this Order comes into operation is to be considered to fall within any of the use classes set out within this Order. This is subject to paragraph (3).
(3) (3) Paragraph (2) ceases to apply upon the breach of any condition subject to which the planning approval was granted".
6.7 Similarly, Article 5 of the Town and Country Planning (Changes of Use) Development (No 2) Order 2019 states, "Any planning application received by the Department before this Order comes into operation is to be determined as if this Order had not been made".
6.8 Therefore, the proposal should be assessed on the basis of the policies set out within this report. The proposal is a use class which the Local Plan an Strategic Plan promote in the area, and is likely to have no more parking requirement than the previous use.
CONCLUSION 7.1 The proposal is supported.
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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 04.02.2020
Determining officer
Signed : S CORLETT Sarah Corlett
Principal Planner
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