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PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : Applicant: Proposal : Site Address: 14/00180/B Market Plaice Limited Conversion from office to a fish and chip shop 1 Dale Street Ramsey Isle Of Man IMS IBJ Mr Chris Balmer 03.03.2014 03.03.2014 Officer Delegation Case Officer: Photo Taken : Site Visit: Expected Decision Level: Officer's Report THE APPLICATION SITE The application site is the curtilage of 1 Dale Street and 2 Market Place; a two and three storey building located the corner of Dale Street and Market Place in Ramsey. The ground floor of these properties is of particular interest in the determination of this planning application. 1.0 1.1 Dale Street runs to the south of the site and Market Place is to the west of the site. Directly adjacent to the application site is Market Place car park with a nightclub, retail units and a cafe beyond this. North of the application site are office units, a public house, a restaurant and further residential units. To the south of the application is a St Paul's Church, with a car park and retail units further south. East of the application is characterised by predominantly residential units, with a funeral director, church and bowling alley with associated cafe and retail unit. 1.2 2.0 THE PROPOSAL 2,1 The planning application seeks approval for the conversion of the ground floor from office to a fish and chip shop. The applicant current operates a fish and chip takeaway business from 1 Bourne Place which is approximately 70 metres to the southeast of the application site. Due to the success of this business, the applicant is now wishing to expand and due to the size limitation so 1 Bourne Place, he is proposing to close the operations at this property and move to the application site. The new site would provide large cooking facilities and crucially for the applicant a far greater sized counter so that they can serve more than one customer at a time, having two serving stations, The site will also enable a greater range of products to be sold and also an additional area for seating for customers to use. It should be noted that the current arrangement would not include any tables, rather just bench type seating area. 2.2 The opening hours of the business are proposed to be 1130hrs till 1400hrs and 1630hrs til! 2200hrs, 7 days a week. The applicant anticipates that the expansion of his business that he will need at least 1 more full time member and 2/3 part time workers. 2.3 3.0 PLANNING HISTORY 3.1 The application site has been the subject of a number of previous planning applications which are considered relevant in the determination of this submission: 23 July 2014 14/00180/B Page 1 of 9
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Change of use of ground floor ofRce to retail and conversion of upper floor offices into an apartment - 13/91504/C ■ APPROVED 3.2 Upgrading improvements to existing offices and conversion of former banking hall to office accommodation including replacement timber sliding sash windows, slating of roof to replace tiles, external wall cladding, and replacement shop front - 03/00925/B - APPROVED 3.3 Conversion of offices to retail unit, flat and dwelling - 98/01376/B - APPROVED 3.4 Change of use from offices to take-away food premises - 2 Market Place - 96/01362/C
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incorporates where possible existing topography and landscape features, particularly trees and sod banks; does not affect adversely the amenity of local residents or the character of the locality; provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and (f) (g) (h) manoeuvring space; does not have an unacceptable effect on road safety or traffic flows on the local (i) highways; can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption." 0) Environmental Policy 35 states: "Within Conservation Areas, the department will permit oniy development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate deveiopment." 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; emissions of airborne pollutants; and vibration, odour, noise or light pollution." 4.6 ii) iii) 5,0 REPRESENTATIONS 5.1 The Department of Infrastructure Highway Services does not oppose the current planning application. 5.2 The Ramsey Town Commissioners have no objection but seek the hours of operation stated within the submission be conditioned. The Architectural Liaison Officer (Police) strongly recommend that trading hours are controlled similarly to other takeaways located throughout the Island and request that a time condition be piaced upon any approval granted in respect of the said appiication. To the effect that: The takeaway premises may only operate between 1130 hours and 2200 hours daily. 5.3 The Department of Environment, Food and Agriculture - Environmental Health - have stated that they have discussed the application with the applicant and can confirm the proposals are in line with the required legislation. Cornerstone Architects write on behalf of the owners/occupants of Nr 3 Dale Street who object to the application on the following grounds; proposal will be unneighbourly and significantly affects their residentiai amenities; our bedroom is within the roof space of Nr 1 Dale Street and therefore we have concerns of noise, smell, public heaith & hygiene and the exacerbation of the existing public nuisance in the area; and although building was once a chip shop, it has been 20 years since this and considerable changes to regulations in the operational of food outlets have changed; building is no longer suitable for such use; flue arrangement to bedroom window is unacceptable and have a negative effect on the property; concerns flue arrangement is in fact practicai and physically capable of being installed. 5.4 5.5 Page 3 of 9 14/00180/B 23 3uly 2014
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The owners/occupants of Croit Y Lhagagh, Smeale, Andreas object to the application on the following grounds; own a property nearby and feel it would be detrimental to the area, causing a potential litter and nuisance problem. 5.6 The owners/occupants of 9 Dale Street, Ramsey object to the application on the following grounds; rent a property nearby and feel it would be detrimental to the area, causing a potential litter and nuisance problem. 5.7 6.0 ASSESSMENT The key issues to consider in the assessment of this planning application are; The potential impact of the proposal on the residential amenities of nearby properties; The potential impact of the change of use on the Conservation Area; and The potential impact of the development on parking provisions. 6.1 1) 2) 3) The potential impact of the proposal on the residential amenities of nearby properties In relation to the potential impacts of nearby residential properties, there are considered two main aspects which could cause concern, noise and smells produced by the cooking of hot food and person coming and going from the site and whether this would cause a significant nuisance in terms of people coming and going and potentially resulting in anti social behaviour. 6.2 Arguably the residential dwelling most likely to be affected by the development would be the owners/occupants of 2 Dale Street, which properties adjoin the application site. Furthermore, in a rather usual situation, the neighbour's master bedroom is located within the roof space of Nr 1 Dale Street (application site). The bedroom is located over the footprint of the seating area and kitchen/prep area, although there is a floor between, which until recently was used as an office, but also has planning permission to be used as an apartment (PA 13/91504/C). This permission has not commenced, Within the master bedroom of the neighbouring property there are two large rooflights which are located to the northern elevation of the properties. 6.3 The proposed flue system would be situated approximately 6.5 metres from the closest of the two rooflight of the neighbouring property, which serve the master bedroom. It should also be noted that the top of the flue would be approximately 2.2 metres from the top of the closest rooflight. 6.4 6.5 Due to this potential conflict of the flue and neighbouring property, advice was sought from the Environmental Protection Officer. He comments that: "The following is guidance on the likelihood of noise or odour nuisance from the proposed chip shop cooking ventilation system at 1 Dale Street, Ramsey. Noise limits and odour control measures are recommended to prevent serious nuisance, introduction of a commercial kitchen extract system is likely to change the character of the immediate area in respect of detectable odour from deep frying and audible noise from deep fryer extract fan, as the current use of the premises is offices. It is likely that noise limit criteria and sound insulation standards recommended are practicably achievable but even with this the extract fan and any rowdy behaviour (shouting) in the eating area of 1 Dale Street are likely to be audible at 3 Dale Street. Although a high level of odour control is also practicably achievable, in a prevailing wind direction the odour from deep frying at a chip shop is still likely to be detectable to adjacent premises within 20 metres; it is a matter for planning to balance the benefit to the community and detriment to local residents affected." 23 July 2014 14/00180/B Page 4 of 9
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6.6 The Officer recommends that if pianning permission is granted the foifowing conditions should be attached; "Odour arrestment plant for fried food cooking shaii meet the foiiowing performance: Extension/reiocation of exhaust fiue to Im above roof ridge height or at ieast roof 1. ridge height of any building within 20m for better dilution of fumes. If 1 above cannot be achieved for planning reasons odour control at least to the following standard should be required: Fine filtration or ESP following by carbon filtration (carbon filters rated with a 0.2 - 0.4 second residence time), or ii. Fine filtration followed by followed by UV ozone system to achieve the same level of control as (i). 2. i. 3. The kitchen extract system(s) shall not exceed the noise limit of 45 dB LAeq, 5 minute measured at the facade of neighbouring residential premises. Walls, floors and stairs separating 1 Dale Street from residential premises at 3 Dale 4. Street shall provide at least 43 dB DnT,w airborne sound insulation." In relation to odour, within the Officers report, this indicates that best practice guidance to minimize kitchen odour is to discharge the extracted air not less than Im above the roof ridge of any building within 20m of the building housing the commercial kitchen. In this case the flue would only projected 0.25 metres above the roof ridge of the property, although it would be approximately 2 metres above that of the roof ridge of Nr 1 (i.e, roof of master bedroom). Therefore, the proposed fiue is 1 metre above the roof ridge of the neighbouring roof, The Officer also indicates that if this cannot be complied with such as for planning reasons, then the extracted air should be discharged not less than Im above the roof eaves or dormer window of the building housing the commercial kitchen. The proposal would comply with this aspect. The Officer indicates if the flue cannot comply with either of the two situations, then alternatively additional odour control measures may be required such as; carbon filtration, counteractant^eutralising system and ESP followed UV ozone system. The applicant, following discussions with the Officer, now proposes to install a UC-0 1000 air filtration system rather than the original proposed ONIOO system which was not considered acceptable. The UV-C 1000 air filtration system works by firstly collecting the grease within the grease filter then the Electrostatic Precipitator unit further cleans the kitchen extract emissions of both the smoke and grease, which is then followed by the ultra-violet light lamps which removes all odour and grease & bacteria permanently. 6.7 The applicant is also proposing to install a ventilated roof hood (HNU Cowl) on top of the ducting, which is specially designed to take the purified clean air and disperse it in a vertical direction, throwing the air up and out of the vicinity. 6.8 Overall, from the information received and with the appropriate worded condition to ensure the system which the applicant has proposed is installed and maintained, it is considered the proposal would not adversely affect neighbouring amenities through kitchen emissions/odours that would be produced by the takeaway. 6.9 6.10 Regarding potential noise issues form the extractor system the Environment Protection Officer indicated that to provide Good/Reasonable indoor ambient noise levels to enable resting/sleeping in living/bedrooms in accordance with guidance from BS 8233:1999 and World Health Organisation; noise limit criteria of 45 dB LAeq, 5 minute is recommended. 6.11 The applicant indicates that the actual fan system will be mounted on rubber mounts in the basement of Nr 1 Dale Street, which is underground (three floors below the master bedroom within roof space) and is the furthest point possible away from the neighbouring property Nr 3. Due to this the noise at the flue terminal is the potential source of noise 23 July 2014 14/00180/B Page 5 of 9 1^
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nuisance. The Environment Protection Officer has indicated that the manufacturer has estimated a sound pressure level of 62 dB(A) at 3 meters. This can approximately be correlated to 56 dB(A) at 6m and 50 dB(A) at 12m which is likely to cause noise nuisance. The applicant has indicated that he is happy to install a silencer within the flue system which will reduce noise levels to below 45dB at the flue terminal. A condition can be attached to any approval which requires that noise levels must not be any louder than 45dB when measured from any residential fagade. 6.12 The Officer had raised potential concerns that there were no details provided for any extract ventilation from the food preparation kitchen to demonstrate there will not be any odour or noise nuisance. The applicant in response has indicated no cooking would take place in this area as it would be purely for fish preparation (does not include gutting of the fish), which involves cutting the spine bone out from frozen fish and portioning up into individual portions. Due to this, no ventilation would be provided in this room. 6.13 In relation to concerns raised by residents of Nr 3 that there may be inadequate sound insulation due to partition wall(s), namely the party wall where the kitchen/prep area and sitting area would be adjacent too. The applicants have advised that a 0.5m masonry wall is in place between the two properties, and a further framed and plaster boarding is onto giving a total thickness of 0.6 metres. They are also willing to install further sound deadening material and re-plaster if required. The neighbour at 3 Dale Street disagrees with the figures suggested regarding the thickness of the wall, as there is an indent in the party wall, on his side of the wall. The neighbour suggests that the thickness is a maximum of 4 inches (0.1m) and therefore would be a noise disturbance through this section of the walling. The Environmental Protection Officer has suggested that a condition should be attached for the wails, floors and stairs separating 1 Dale Street from residential premises at 3 Dale Street shall provide at least 43 dB DnT,w airborne sound insulation. Discussions, with the Head of Building Control and Building Control Officer have advised that the current situation and thickness of the walls (0.5m) will likely be acceptable and prevent any significant noise levels into Nr 3. However, the section of the indent 0.1 meter would need further investigation. They confirmed that a Building Regulations Application will be required to change the existing office use to the takeaway use, and such noise issue would be considered. However, they believed such issue can be resolved, with additional works to the applicant's side of the party wall. The noise levels indicated within the condition suggest by the Environmental Protection Officer would be dealt with by Building Regulations. Accordingly, such condition would not be needed to be attached to any planning approval; as such issue would be dealt in detail by separate Legislation. Accordingly, this internal issue would be dealt with by Building Regulations. 6.14 A concern may be caused by persons coming and going from the site, which due to residential properties in close proximity may raise noise disturbance. There are a number of points to consider on this issue. Firstly, the site is designated as being within a Town Centre
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It is likely these existing uses are likely to cause more of a disturbance (person coming 6.15 and going, taxis & antisocial behaviour etc) than the proposai; especialiy as this would be closed before pubs/clubs in the area are closed also. As suggested by the Architectural Liaison Officer (Police), a condition of hours of operation can be attached to ensure this. Overall, whilst the proposal will have an impact, as any use of the building would, it is consider for the reason indicated the proposed use would not significantly affect neighbouring residential amenities within a town centre location to warrant a refusal. The potential impact of the change of use on the Conservation Area 6.16 The Planning Authority has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2007). This policy indicates that development within Conservation Areas will only be permitted if they wouid preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. 6.17 The majority of works proposed are internal alterations and do not affect the visual appearance of the property. The exception to this is the external flue which is proposed to have a maximum project 0.8 metres from the roof plane and 0.25m above the roof ridge. The projecting fiue wouid be located behind the existing parapet wall. Accordingly, when viewing the property immediately to the west of the site it is unlikely views of the flue would be apparent. More angled or distance views from the access road servicing Kings Court apartment to the south or views from the Market Place Car Park/quay side to the northeast, may see small sections of the flue. However, the applicant has agreed for the flue to be painted a dark grey colour to match the slate roof. This will ensure that any potential views of the flue would be very insignificant, if unnoticeable. The Conservation Officer has considered the scheme and has no objections. For these reasons it is considered the proposal would comply with Environment Policy 35 as it would preserve the character or appearance of the Area. The potential impact of the development on parking provisions 6.18 Current standards require that a town centre shop requires a space for service vehicle only. However, it has to be recognised that Appendix 7 also states that standards may be relaxed where the proposed development; would secure the re-use of a Registered Building or a building of architectural or historic interest; or would result in the preservation of a sensitive streetscape; is otherwise of benefit to the character of a Conservation Area, is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality. (a) (b) (c) (d) 6.19 The application site is located within the town centre, directly adjacent to a public car park and within close proximity to another, with further parking availability in the street and along the Quay. Therefore, parking for the proposal can be achieved within the vicinity of the application. It should also be added the site was previously used as an office which will have generated a need for parking in the area. The site is also within the town centre, The submission has been considered by the Highway Services who have no objection to the proposal. 7.0 RECOMMENDATION 7.1 For these reasons the proposal is considered to comply with the relevant polices of the Strategic Plan and the Ramsey Local Plan and therefore recommended for an approval. 23 July 2014 14/00180/B Page 7 of 9
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PARTY STATUS In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application; the applicant or, if there is one, the applicant’s agent; the owner and occupier of the land the subject of the application; The Department of Environment, Food and Agriculture - Environmental Health, The Architectural Liaison Officer (Police), Highway Services, and the Local Authority in whose district the land the subject of the application sits. In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, 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: 8.0 8.1 8.2 The owners/occupants of Nr 3 Dale Street, Ramsey In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: 8.3 The owners of Croit Y Lhagagh, Smeale, Andreas (owners of 9 Dale Street, Ramsey) The occupants of 9 Dale Street, Ramsey Recommendation Recommended Decision: Permitted Date of Recommendation: 22.07.2014 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R: Reasons for refusal O : Notes attached to refusals Cl. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. To comply with article 14 of the Town and Country Planning (Development C2. Prior to the operation of the takeaway the flue system which include the air filtration systems for mitigating noise, odour and fumes (PVA 100 circular straight silencer, UV-C 1000 odour 23 July 2014 14/00180/B Page 8 of 9
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control system and the ventilation roof hood) as submitted and approved by the Planning Authority, are required to be installed and shall thereafter be retained as such and operated and maintained in accordance with the manufacturer's specification. Reason: To safeguard the amenities of the occupiers of adjoining properties. C3. The kitchen extract system(s) shall not exceed the noise limit of 45 dB LAeq, 5 minute measured at the facade of neighbouring residential premises. Reason: In the interests of public amenity. C4. No customers shall be served or remain in the building outside the following hours 1130 till 1400 and 1630 till 2200. Reason: In the interests of public amenity. C 5. Prior to the operation of the takeaway ail elevations of the flue/ventilation system which projections above the roof plane is required to be painted a dark grey/slate colour and retained as such. Reason: In the interests of public amenity. This approval relates to Drawings reference numbers SM14/336/1, SM14/336/2 and Technical Document received on 13th February 2014 and 12th June 2014. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer. Decision Made: Permitted Date Determining officer (deiete as appropriate) Signed Sarah Corlett Senior Pianning Officer Signed :... Chris Balmer Senior Pianning Officer Signed :... Michael Gallagher Signed :... Jennifer Chance Director of Pianning and Buiiding Controi Head of Development Management 14/00180/B Page 9 of 9 23 July 2014
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