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19/00032/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00032/B Applicant : Daves Delicious Dogs Proposal : Alterations, installation of a replacement shop front and installation of an extractor flue to rear elevation of building Site Address : Shop Units 2 & 3 Church Walk St Pauls Square Ramsey Isle of Man IM8 1LA
Planning Officer: Mr Owen Gore Photo Taken : 28.02.2019 Site Visit : 28.02.2019 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 05.04.2019 __
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. The external seating area, as shown on the submitted drawing No.DD/10/4 - proposed floor plans/elevations, date-stamped as having been received 15 January 2019, shall only be available for use by customers, between the hours of 8:30am and 9pm on any given day of the week.
Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.
C 3. A minimum 2m wide unobstructed pedestrian walkway shall be permanently maintained between the existing building and the external seating area at all times, as shown on the submitted drawing No.DD/10/4 - proposed floor plans/elevations, date-stamped as having been received 15 January 2019.
Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
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Plans/Drawings/Information:
This planning permission relates to the following plans and documents: -
Drawing No.DD/10/1(A) - Plan as Existing Drawing No.DD/10/2 (A) - Site Plan Drawing No.DD/10/4 - Proposed Floor Plans/Elevations Photograph Email from Macro Metal Services and Accompanying Mechanical Extraction Technical Specification Date-stamped as having been received 15 January 2019
Applicant Email dated 12 March 2019.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 SITE 1.1 The application site is two shop units in the retail area of St Pauls Square. Opposite the site is a pedestrianised thoroughfare between Market Place and the car park at St Pauls Square; beyond that is the Registered Building No.084, St Pauls Church.
2.0 PROPOSAL 2.1 The proposal is in part to facilitate the works permitted under planning permission ref: - 18/01097/C for the change of use of unit 2 from retail (Class 1) to a cafe / restaurant (Class 3).
2.2 The physical works include the addition of a kitchen extract to the rear of the building; change to the shop front of unit 2 from shop windows either side of a central door to folding doors that extend the full width of this unit; and the proposed use of the pedestrianised area in front of the two units to create an external seating area, including removable barriers on mounted pillars.
2.3 Advertisements have also been included but have been dealt with under the accompanying application ref: - 19/00033/D.
3.0 PLANNING POLICY Local Area Plan - Ramsey Local Plan 1998 Site Designation - 'Mixed Use' - Town Centre
The following policies are particularly relevant to this proposal:-
Isle of Man Strategic Plan 2016 o Strategic Policy 9 (SP9) - New retail development within the town and village centres; o General Policy 2 (GP2) - Development within land-use zones; o Environment Policy 22 (EP22) - Pollution o Business Policy 9 (BP9) - New retail provision in existing retail areas; o Business Policy 10 (BP10) - Retail development.
4.0 PLANNING HISTORY
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18/01097/C - Change of use from retail (Class 1) to a cafe / restaurant (Class 3) - APPROVED
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
Ramsey Town Commissioners o No Objection (dated 22 February 2019)
The comments continue: -
'The planning notification form should be corrected and re-advertised to allow residents in the area and members of the public the opportunity to review and comment'.
Department of Infrastructure (DOI) Highways Division o DNOC - Do not oppose subject to condition (dated 06 March 2019)
Following an initial comment of 'No Highways Interest' dated 28 January 2019 the above comments were added. The comments continue: -
'Highways Services does not oppose the application subject to a planning condition for a minimum 2m wide unobstructed pedestrian walkway to be permanently maintained between the building and the pavement café at all times'.
Neighbours' views o No comments received.
6.0 ASSESSMENT Character and appearance 6.1 The proposed folding doors would replace a traditional styled shop front, but on a relatively modern (1960's/1970's) building and therefore its loss wouldn't have any significant impact on this row of units. Views of the rear are limited outside of the rear parking area and the external café area is removable; however regardless would not be out of character for a town centre location.
6.2 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings. In this respect, the proposal complies with GP2.
Impact on neighbours 6.3 The commissioners have raised concern over the external café area not being included explicitly in the description; it had originally been left out of the description as it was though that this would fall within licencing legislation.
6.4 Whilst it wasn't included in the description it is clearly shown in the submitted application, both as part of the redline boundary of the application site and as shown on the submitted drawing No.DD/10/4 - proposed floor plans/elevations.
6.5 The applicant has provided additional information regarding the operation of the external seating area and the business generally. The proposed main function of the business is a restaurant and not a bar, therefore it is understood that customers will be eating and will not be able to just order drinks, whether they are eating in or using the external seating area. In addition to this it is also understood that the business operates with table service only and therefore customers will not be able to go back and forth to the 'bar' to order more drinks. The outside eating area will operate from 8:30am to 9pm; however use is anticipated to end before this time and the 9pm finish allows for packing away the street café and bringing into the premises for storage. The area will be monitored by CCTV.
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6.6 A condition will be included to prohibit the use of the external seating areas between 9pm and 8:30am.
6.7 The Department does not currently have consultees to advise about mechanical extraction in terms of noise or smell; however the equipment is modern and provided it is installed to manufactures specification it is unlikely to have a significant impact. The unit discharges above the roofline and it is unlikely that any smells will have a significant impact on the neighbours.
6.8 The same residents who would likely be impacted by the external seating area are the same as those who would be impacted by the extraction unit to the rear of the building or generally by the existing restaurant. No objections have been received regarding the current proposal or the previous change of use.
6.9 The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents, subject to controls. In this respect, the proposal complies with GP2.
Parking and highway safety 6.10 The site is an existing unit and within a town centre location; there is existing parking provision that serves the site in both Market Place and St Pauls Square. The proposal is therefore in accordance with GP2.
7.0 CONCLUSION 7.1 The proposal is considered acceptable in accordance with the designation within the Local Area Plan and the appropriate policies within the Isle of Man Strategic Plan 2016.
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: (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 Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 08.04.2019
Determining officer
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19/00032/B Page 5 of 5
Signed : S BUTLER
Stephen Butler
Head of Development Management
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