DEC Decision Notice

Dalrymple Associates Ltd Court Row Chambers Court Row Ramsey IM8 1JS

Town and Country Planning Act 1999

The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Thyme And Plaice Ltd, Ref 13/00787/B, for the Conversion of ground floor former post office area to a restaurant including the installation of a flue. at Former Post Office Court Row Ramsey Isle Of Man IM8 1AA subject to compliance with the following condition(s):

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Numbers 1463 P01 and 1463 P02 (site plans) received on 04 July 2013; 1463 P03 (site plan with adjacent uses) received on 01 August 2013; and 1463-EF-01 (extract flue details) received on 30 August 2013.
3. No customers shall be served or remain in the building outside the following hours: Thursday to Saturday 1230hrs to 1500hrs

Sundays 12:00hrs to 1600hrs Wednesday to Saturday 1800hrs to 2300hrs.

1. Noise levels from any plant at the proposed restaurant including kitchen extract fan, ventilation / air conditioning and refrigeration measured at the external facade of neighbouring residential premises, shall not exceed 45 dB LAeq, 5 minute.

NOTE The Department of Environment, Food and Agriculture advises that the proposal must comply with the requirements of the Food Act 1996, European Communities (Isle of Man) Act 1973 and Local Government (Miscellaneous Provisions Act 1976). The premises must be registered by DEFA at least 28 days prior to opening. Toilet facilities are not permitted to open directly into areas where food is stored, served or prepared. Further advice should be obtained from DEFA, 685894.

Date of Issue: 4th October 2013 M Gallyher Director of Planning and Building Control

Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website http://www.gov.im/categories/planning-and-building-control/planning-development-control/planning-decisions-and-powers-of-appeal/

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either;

• The time for requesting an appeal has expired; or
• Any appeal has been determined;

Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]

Can the description of this be changed to:

Conversion of ground floor former post office area to a restaurant including installation of flue.

We cannot include any building operations in an application for a change of use.

SOMMONET 3-10-13

At time of producing decision notice the 'type' of application was questioned. Rather than a 'change of use' application (type 'C'), this application should have been considered as a development in order to address the flue included within the proposal. After discussion with Sarah Corlett and Ed Baker it was agreed that due to the 'reps' received the suffix could be changed to the proposal. For the sake of clarification.

Jerome Calles 4/10/13

Officer's Report

Application No.:	13/00787/C
Applicant:	Thyme And Plaice Ltd
Proposal:	Change of use of ground floor former post office area to a restaurant, as amplified by drawings of kitchen flue, specification of flue and fan and clarification of opening hours received with e mail (dated 2nd September 2013)
Site Address:	Former Post Office Court Row Ramsey Isle Of Man IM8 1AA
Case Officer:	Mr Edward Baker
Photo Taken:
Site Visit:	17.07.2013
Expected Decision Level:	Officer Delegation

The Application Site

1. The application site is the former Post Office, Court Row, Ramsey. The site is situated in the middle of the town centre and accommodates a two storey building. The building is of traditional design with ornate detailing. It has a frontage with the side of Court Row with the war memorial opposite to the east. To building is located on a corner with Water Street to the south.

1. It is understood that the building is currently vacant at ground floor. At first floor there is an architect’s office. To the north are shops at ground floor on the corner of Court Row and Parliament Street. It is understood that above the shops are flats. At the rear, to the west, is a yard and service area to a Chinese restaurant.

1. The site is situated within the Ramsey Conservation Area.

The Proposal

1. The application seeks planning approval for a change of use of the ground floor of the building from former post office to a restaurant.

1. The proposed opening hours are:

Thursday to Saturday – 12:30 to 15:00 Sundays – 12:00 to 16:00 Wednesday to Saturday – 18:00 to 23:00

1. The applicant says that 6 permanent staff and 3 temporary members of staff will be employed by the restaurant.

1. At the request of the planning officer, the applicant has submitted details of the extraction flue at the rear. These details have been subject to re-consultation and the applicant re-advertised. As the application includes provision for a flue, the application cannot

be a change of use as this does not include any building operations. As such it should be a full, detailed application for the conversion of the premises including the installation of a flue.

Planning History

1. 05/01230/B - approval granted in 2005 for demolition of existing fire damaged frontage and replacement with new timber frontage to match the existing.
2. There are various other decisions relating to the site, mostly relating to the previous use as a post office, none of which is considered of direct relevance to the current application.

Planning Policy

1. The Ramsey Local Plan 1998 identifies the area as being in mixed town centre use.
2. General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant:

'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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) 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; (1) 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.'

1. Environment Policy 22 of the Isle of Man Strategic Plan 2007 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.'

1. Environment Policy 35 of the Isle of Man Strategic Plan 2007 states:

'Within Conservation Areas, the Department will permit only 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 development.'

1. Transport Policy 7 of the Isle of Man Strategic Plan 2007 is relevant:

'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.'

1. Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area.

Representations

1. Ramsey Town Commissioners - no objection. The Commissioners make the observation that the hours of operation specified by the application should be controlled by means of a planning condition.
2. Highways Division - no objection.
3. Department of Environment, Food and Agriculture - the proposal must comply with the requirements of the Food Act 1996, European Communities (Isle of Man) Act 1973 and Local Government (Miscellaneous Provisions Act 1976). The premises must be registered by DEFA at least 28 days prior to opening. Toilet facilities are not permitted to open directly into areas where food is stored, served or prepared.

Assessment

Whether the site is a suitable location in principle for a restaurant

1. The proposed restaurant use is wholly consistent with the zoning of the area as mixed use town centre where a variety of retail, food, office and other uses are expected to be found. The site is therefore an acceptable location in principle for the proposed use.

Impact on the economy

1. The proposed restaurant will support employment and will benefit economic development. In this regard, the proposal will have a positive economic impact.

The effect of the proposal on the character and appearance of the Conservation Area

1. The only proposed external alteration is in the enclosed yard at the rear where a large 5 metre flue is proposed. The flue would be lower than the ridge of the roof at the side/rear and because it is to be within an enclosed area, would not be visible from the public realm including the adjacent streets. The flue would be visible from the upper storey flats to the north, however, it would not have a wider impact. The proposed restaurant use would not itself change the character and appearance of the area. It is considered that the character and appearance of the Conservation Area would be preserved.

The effect of the proposal on adjacent land-uses

1. The applicant has provided drawings of the flue and information on its specification as well as information on the proposed fan. The Planning Authority must ensure that the flue and restaurant kitchen would not adversely affect the amenities of adjacent land uses,

including the residential flats to the north. The Environmental Health Officer at DEFA has been consulted but has provided no comments to date. The drawings indicate that the fan attenuation would provide maximum sound levels at adjacent residential properties of 40dB(A). For a recent planning approval for the change of use of the former Isle of Man Bank, Bowring Road, Ramsey to a restaurant and takeaway (13/00395/B), the Planning Authority imposed a condition on the recommendation of the Environmental Health Officer, limiting noise at the facade of any residential properties to a maximum of 45 dB LAeq, 5 minute. It is felt reasonably to apply the same condition here and in the absence of further advice from DEFA, it is assumed that the proposal raises no other environmental concerns.

Parking and access

1. This is a central and sustainable town location where there is good access to public transport and the site is within easy reach of public car parks. Therefore, that the proposal does not provide any off-street parking would not raise any planning objections. The site is an accessible location for pedestrians and those with cars, as well as those who use public transport. The proposal raises no highway safety concerns.

Recommendation

1. It is recommended that approval is granted.

Party Status

1. The local authority, Ramsey Town Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status.
2. The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) Order 2013 paragraph 6 (4) d. - This is 3 loos $/ \mathrm{A}$ E.C.
3. The Department of Environment, Food and Agriculture has not raised any material planning considerations and should not be afforded Interested Party Status.

Recommendation

Recommended Decision: Permitted

Date of 01.10 .2013

Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2.

The development hereby permitted shall not be carried out except in full accordance with the following plans: Drawing Numbers 1463 P01 and 1463 P02 (site plans) received on 04 July 2013; 1463 P03 (site plan with adjacent uses) received on 01 August 2013; and 1463-EF-01 (extract flue details) received on 30 August 2013.

C 3.

No customers shall be served or remain in the building outside the following hours: Thursday to Saturday 1230hrs to 1500hrs Sundays 12:00hrs to 1600hrs Wednesday to Saturday 1800hrs to 2300hrs.

C 4.

Noise levels from any plant at the proposed restaurant including kitchen extract fan, ventilation / air conditioning and refrigeration measured at the external facade of neighbouring residential premises, shall not exceed 45 dB LAeq, 5 minute.

N 1.

The Department of Environment, Food and Agriculture advises that the proposal must comply with the requirements of the Food Act 1996, European Communities (Isle of Man) Act 1973 and Local Government (Miscellaneous Provisions Act 1976). The premises must be registered by DEFA at least 28 days prior to opening. Toilet facilities are not permitted to open directly into areas where food is stored, served or prepared. Further advice should be obtained from DEFA, 685894.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : $\qquad$ Determining officer (delete as appropriate) Signed : $\qquad$ Anthony Holmes Senior Planning Officer Signed : $\qquad$ Michael Gallagher Director of Planning and Building Control

Signed : $\qquad$ Sarah Corlett Senior Planning Officer Signed : $\qquad$ Jennifer Chance Development Control Manager

PA13/00787/C Thyme And Plaice Ltd Change of use of ground floor former post office area to a restaurant, Former Post Office Court Row Ramsey Isle Of Man IM8 1AA Planning Officer:

Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 09.07.2013, includes;

Conservation Areas: Cons Areas: Ramsey Cons Area

Dev Control Polygons: Reference Number: 92/00739/B Status: Permitted Proposal: Refurbishment and alterations, Post Office, Court Row, Ramsey. Reference Number: 13/00787/C Status: Pending Consideration Proposal: Change of use of ground floor former post office area to a restaurant Reference Number: 04/02125/D Status: Permitted Proposal: Erection of advertising sign Reference Number: 01/01074/B Status: Permitted Proposal: Alterations and extension to post office and offices and demolition of garages to create car parking Reference Number: 88/00891/B Status: Permitted Proposal: Demolition of 7 and 9 and erection of new Post Office accommodation with associated carparking; 7 and 9 Parliament Street, Ramsey. Reference Number: 98/02293/B Status: Permitted Proposal: Installation of replacement windows to first floor elevation to Isle of Man Post Office, Water Street, Ramsey Reference Number: 93/01328/B Status: Permitted Proposal: Installation of satellite TV dish, 2 Court View, Ramsey.

BC Case Polygon: Reference Number: 01/07530/DEX BC Case Status: Building Work Started Proposal: Alterations and extensions and refurbishment of existing building and demolition of garage outbuilding

S/he nohos - see reverse

• CA.
• check history. Former PO?
• do they own all building? Above?
• what is btr fiber use?
• ethosium, plant + fine -

need details re: odour + usual need.

• consult EHO when house info.
• what are neighboring uses?
• retail + town centre ponying.
• personal frontage?
• rep. app. for adult washer.

fd 17/7/13