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Cornerstone Architects 79 Parliament Street Ramsey Isle Of Man IM8 1AQ
Application No: 14/00180/B
Proposal: Conversion from office to fish and chip shop at 1 Dale Street, Ramsey, Isle of Man, IM8 1BJ
Applicant: Market Plaice Limited
Appellant: Mr & Mrs Miles Hardman
I refer to the recent appeal in respect of the above planning application.
In accordance with the provisions of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I am enclosing herewith a copy of the report of the person appointed to consider this appeal.
I can inform you that the Minister, the Hon P A Gawne MHK advised that he found the arguments both against and in support of this proposal to be finely balanced. At the outset to his consideration, I can advise that Minister Gawne MHK agreed with the Inspector that the two main considerations in respect to this appeal are those as stated at paragraph 28 of his Report, namely, the effect on the living conditions of the residents of 3 Dale Street in terms of odours and noise and the effect on the character and appearance of the Ramsey Conservation Area.
In respect to the first issue and following consideration of the Inspector's findings in respect thereto, Minister Gawne MHK noted, in particular, the verbal response of the Environmental Protection Officer as detailed at paragraph 25 of the Inspector's report wherein it was stated that, (a) a high level of odour control would be provided (the odours would be 90% less than if no treatment was undertaken) notwithstanding that the prevailing wind is towards the roof-lights in the master bedroom of 3 Dale Street and its patio, and (b) it was unlikely that a statutory nuisance would be created as the system to be installed would probably represent 'best practicable means'. Furthermore, and while Minister Gawne MHK noted that the Environmental Protection Officer stated that there was insufficient information to reach a conclusive view on the impacts on 3 Dale Street, at paragraph 26 of the Inspector's Report, the Minister noted that following consideration of the planning conditions attached to the planning approval decision notice (dated 24 July 2014) the Environmental Protection Officer was able to offer further advice in respect to additional requirements thereto.
In reaching his decision, however, and when all of the above material considerations are considered and also in accepting that there will be some emission of odours which will inevitably arise from such proposals, the Minister is nonetheless not persuaded that if a 'high level of odour
Department of Infrastructure Sea Terminal Building, Douglas, Isle of Man, IM1 2RF
control is practicably achievable by the implementation of a ventilation and odour control system, as directed by suitably worded planning conditions such as to negate a statutory nuisance, there will be an 'adverse' impact on the living conditions of the residents of 3 Dale Street and there will be unacceptable harm to the amenity of nearby properties contrary to the provisions of General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2007.
Turning to the second issue and again following consideration of the Inspector's findings in respect thereto, Minister Gawne MHK noted, in particular, there will be no 'external' works to the application building in the main. To that end, and in his opinion, the application of the policy test as applicable to Environment Policy 35 of the Isle of Man Strategic Plan 2007 is one in which the test of preserve and enhance must only be applied (a) in respect to that section of the ventilation system/flue which projects a maximum of 0.8m from the roof plane (above the 'flying freehold' part of the application property) and 0.25m above its ridge.
In the Minister's opinion, therefore, and set against the aforementioned context, and accepting that the submitted drawings did not detail the dimensions of the necessary cowl, the fact that any flue would be set on an upper level and to the rear of the application building and will be read in the context of the surrounding built form; that it's siting is not visually 'exposed' within the general setting of the Conservation Area as a whole and/or in this part of the Conservation Area and that the applicant has agreed for the exposed section of the ventilation and odour control system/flue to be painted a dark grey colour to match the slate roof, Minister Gawne MHK has concluded that the proposal will, on balance and as a minimum, preserve the character or appearance of the Conservation Area. To that end, and also having regard to the fact that the Department's Conservation Officer who, with the benefit of a site visit, has also not advanced any comments to the contrary, Minister Gawne MHK disagrees with the Inspector's conclusion such that he finds, and on the facts presented, that the proposal complies with Environment Policy 35 of the Isle of Man Strategic Plan 2007.
In conclusion, therefore, and when all of the above material considerations are considered, on balance, the Hon P A Gawne MHK disagrees with the appointed person's recommendation that the appeal should be allowed. Accordingly, he has directed that the Planning Authority's approval of the application under Article 6 of the Town and Country Planning (Development Procedure) (No 2) Order 2013 should be confirmed, and that the application should be Approved subject to conditions. Formal notice of this decision is attached.
Yours faithfully
N J Black Chief Executive
Circulation List - 14/00180/B - Market Plaice Limited
Market Plaice Limited, 1 Dale Street, Ramsey, Isle of Man, IM8 8BJ
Kinrade Associates Limited (Agent for Applicant), 3 The Courtyard, Water Street, Ramsey Highway Services, Department of Infrastructure, Sea Terminal Building, Douglas, IM1 2RF
The Clerk to the Commissioners, Ramsey Town Commissioners, Town Hall, Ramsey, Isle of Man
Isle of Man Newspapers, Newsroom, Publishing House, Peel Road, Douglas, Isle of Man
PC Mike Radcliffe, Architectural Liaison Officer, Multi Agency Public Protection Team, 2nd Floor, Murray House, Douglas, Isle of Man, IM1 2CF
EPU & Public Health, Department of Environment, Food & Agriculture, Thie Sileau Whallian, Foxdale Road, St Johns, IM4 3AS
Mr M Livesey, 9 Dale Street, Ramsey, Isle of Man, IM8 1BJ
Mr and Mrs B Livesey, Croit Y Lhagagh Smeale, Andreas, Isle of Man, IM7 3EE
Cornerstone Architects
79 Parliament Street
Ramsey
Isle Of Man
IM8 1AQ
In pursuance of his powers under the above Act and Order, the Minister for Infrastructure, the Hon P A Gawne MHK, does hereby in the name of and on behalf of the Department APPROVE planning application 14/00180/8 by Market Place Limited for Conversion from office to fish and chip shop at 1 Dale Street, Ramsey, Isle of Man, IM8 1BJ, subject to the following condition(s):
The development hereby approved shall commence before the expiration of four years from the date of this 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.
Prior to the operation of the fish and chip shop/takeaway, full details of the ventilation and odour control system to include full elevational drawings shall be submitted to and approved in writing by the Department (Planning and Building Control Division) and thereafter the approved system shall be installed and retained as such and operated in accordance with the manufacturer's specification.
Reason: To safeguard the amenities of the occupiers of adjoining properties.
The kitchen extract system(s) shall not exceed the noise limit of 45 dB LAeq, 5 Minute measured at the façade of the neighbouring residential premises.
Reason: In the interests of public amenity.
No customers shall be served or remain in the building outside the following hours 11.30 till 14.00 and 16.30 till 22.00.
Reason: In the interests of public amenity.
Prior to the operation of the fish and chip shop/takeaway, the flue/ventilation and odour control system which projects above the roof plane shall be painted a dark grey/slate colour and retained as such.
Reason: In the interests of public amenity.
Note: This approval relates to Drawings No. SM14/336/1 and SM14/336/2 both received on 13 February 2014 and Technical Document received on 12 June 2014.
Date of issue: 26 November 2014
By Order of the Minister
N J Black Chief Executive
Note 1: A copy of the report of the appointed person is appended hereto.
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