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16/00790/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/00790/B Applicant : Attraversiamo Ltd Proposal : Conversion of premises from retail to a wine/tapas bar and installation of flue at rear Site Address : 66 Parliament Street Ramsey Isle Of Man IM8 1AJ
Case Officer : Miss Abigail Morgan Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Officer’s Report
1.0 SITE 1.2 The application site is the ground floor of 66 Parliament Street, Ramsey.
1.3 66 Parliament Street is a three storey building, with flats above.
2.0 PROPOSAL 2.1 The planning application seeks approval for the conversion of the ground floor from retail to wine/tapas bar. It should be noted that in planning terms, the type of food served would not normally be restricted or controlled and as such, what is being sought is the conversion of the premises from retail to Class 3 of the Town and Country Planning (Use Classes) Order 2012 - Class 3 Food and drink Use for the sale of food or drink for consumption on the premises or of hot food for consumption on the premises (including use as a restaurant, café, wine bar or public house). 2.2 The opening hours of the business are proposed to be 12 noon to 1 am, with the last orders to the kitchen at 9pm and then closing at 10pm.
2.3 To facilitate the proposal ducting for the extract ventilation needs to be extended from the rear of the building. Details have been provided.
2.4 The application was readvertised, for 21 days, after details of the proposed extraction flue where submitted and it was added to the description.
3.0 PLANNING HISTORY 3.1 The site has not been the subject of any previous planning applications relating to use.
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).
4.2 There is one policy within the Ramsey Local Plan (Planning Circular 2/99), considered specifically relevant to the assessment of this current planning application:
4.3 Policy R/TC/P1 Retail Uses 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
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(including finance related establishments) at ground floor level will not be permitted to occupy 30% of the street frontage in any one block between public and vehicular highways in these streets."
4.3 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application:
4.4 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: (c) does not affect adversely the character of the surrounding landscape or townscape; (g) does not affect adversely the amenity of local residents or the character of the locality; (j) can be provided with all necessary services;
4.5 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 had no objection to the proposal but considers a condition controlling opening hours be included on any approval. 22.08.16. They have no objection to the amended plans and details. 23.11.16
5.2 DOI Highways no highways implications. 18-8-2016.
5.3 Manx Utilities requested a Flood Risk Statement for the protection of the building in the case of a flood. The submitted statement was considered satisfactory. 20.09.16.
5.3 Environmental Health was initially contacted for comments and were consulted on the additional information received regarding the proposed flue details, no comments were received.
5.4 Police Crime Reduction Officer initially objected to the proposed opening hours and requesteda noise barrier be installed between the use and the flats above. 01.08.16. After meeting with the agent and being shown survey carried out by the owners of Attraversiamo (who are the applicants) about the proposal and opening hours they now support the application and the proposed opening hours. 01.19.16. No further representations were received after the application was readvertised.
5.5 Occupier of 1, (flat above 66 Parliament Street) has no objections to the use or the flue. 26.10.16.
6.0 ASSESSMENT 6.1 There are three main issues;
Loss of Retail Unit
6.2 The Ramsey Local Plan is considered fundamental to the determination of the application. There is a general presumption in favour of the retention of retail uses at ground floor in this location. The nature of these policies is generally to protect the vitality and viability of areas for shopping.
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6.3 The shop is only recently empty with the relocation of the outlet to another unit further along Parliament Street.
6.4 The main consideration is whether the retention of the premises for shop use is in the interests of vitality and viability or not. This wine /tapas baris not proposed to be open during the whole of the day (opening at 12 noon) and would therefore not contribute to the morning vitality of this shopping street. However it would be open later thereby extending the hours of the town and would enhance the vitality of the area promoting the diversification and flexibility of uses within the shopping frontages with a compatible use that provides a direct service to the general public.
6.5 However it is proposed to be in an area where the use of upper floors as residential is encouraged in the Local Plan.
Affect on Neighbouring Residential Uses
6.6 The second issue is the effect of the proposal upon the amenity of the flat above the premises and the neighbouring residential area. While generally people living in a mixed use area could not expect to enjoy the same peace and quiet as residents living in a predominantly residential area, the Ramsey Local Plan does promote residential at first floor and it appears from the planning search and site visits that many of the first floors along Parliament Street are in residential use.
6.7 Within the context of the likely pattern and extent of existing movements of this area which has a limited night-time economy, the primary focus of night time economy is further along Parliament Street near to the junction with East Street, where the Plough, Bar Logo, Star Grill and the Italian Restaurant are located. In this area it is predominantly shops with very limited night-time economy, this proposal would extend those uses more along Parliament Street and in all likelihood the activities associated with them. Having regard to the relative locations of other night time economy uses and the context of likely pattern and extent of existing movements in this area most movements would be likely along Parliament Street. It is not considered that any extra movements along Parliament Street would have any significant impacts on the living conditions of nearby residents.
6.8 While it would revitalise an empty shop and create employment, the proposal is in an area where the the Local Plan is trying encourage residential uses on upper floor therefore the main consideration is to to balance the promotion of the evening economy with protection of the amenity of the urban dwellers.
6.9 It is considered that the imposition of appropriate noise attenuation conditions together with suitable conditions to control hours of operation will effectively control this potential impact.
Extraction Flue - Odour, Noise and Visual Impact
6.10 The initially submitted information did not demonstrate that nearby residents would not be adversely affected by odours and visual impacts. With this in mind additional information was sought, the proposed flue is to the rear of the premises, with the duct coming out of the wall under the stairs and fitted under the deck with noise level of 37dB(A) (with silencer) and with internal odour filters. Environmental Health were consulted but no comments were received in respect of the additional information. World Health Organisation guidelines (2009) states that for nighttime: "based on limited data available, a level of less than 35 dB(A) is recommended to preserve the restorative process of sleep", therefore with the silencer it is considered that while externally a noise can be heard and would slightly affect the acoustic character of the area but not such that there is a perceived change in the quality of life.
6.11 Having discussed this with the agent and balancing the needs of the business with the needs of the residents above they have proposed that last order for the kitchen be 9pm with the kitchen closing at 10pm.
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6.12 Although it is virtually impossible to completely eliminate cooking smells, no matter how good the equipment, it usually considered that the issue can be adequately mitigated through an appropriate level of extraction, filtering and high level venting of kitchens.
6.13 With regards to visual impact, the flue is to the rear of the premises therefore the main impact will be on the residents accessing their flats and not visible from the front. Visually, the proposed extraction duct would be under the existing metal decking and would appear as part of that structure which would be acceptable.
Conclusion
6.14 The proposed use provides a direct service to the public within a shopping area, offering a complementary service to shoppers, without impacting on the vitality and viability of the surrounding shopping area. The impact of the proposals on neighbouring residential occupiers can be effectively dispelled through the imposition of conditions.
7.0 RECOMMENDATION 7.1 On the basis of the above it is recommended that the application be approved.
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 , in this case, Department of Infrastructure Highway Services, Department of Home Affairs (Architectural Liaison Officer), Manx Utilities and (e) The local authority in whose district the land the subject of the application is situated.
8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 46/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
Occupier/owner of Flat at 66 Parliament Street, Ramsey
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.12.2016
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.
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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. No customers shall be served or remain in the building between 0100hrs and 1200hrs in any day.
Reason: In the interests of public amenity.
C 3. No cooking shall take place until the means of extraction and dispersal of cooking smells/fumes, including odour filters and silencer/attenuator referred to in email/information date stamped 3 November 2016, have been installed and thereafter shall be permanently retained.
Reason: To safeguard the amenity of adjoining properties and to protect the general environment.
C 4. The kitchen shall not be operational after 2200hrs or before 1200hrs in any day.
Reason: To safeguard the residential amenity of nearby occupiers
C 5. The premises may be used for any purpose under Class 3 of the Town and Country Planning (Use Classes) Order 2012 - Class 3 Food and drink: Use for the sale of food or drink for consumption on the premises or of hot food for consumption on the premises (including use as a restaurant, café, wine bar or public house). Reason: to control the use of the premises as proposed and in accordance with the Use Classes Order.
This approval relates to Site and Location Plan and Drawing no 2 both date stamped received 11 July 2016 and Flood Risk Assessment received 20 September 2016 and Flue Details recieved 3 November 2016.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 03.01.2017
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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