16 March 2015 · Delegated - Director of Planning and Building Control
3, Bourne Place, Ramsey, Isle Of Man, IM8 1jw
The proposal involves changing a currently vacant retail unit on the ground floor of a two-storey terraced building in Ramsey town centre into a takeaway pizzeria, operating from 12 noon to 11pm Sunday-Thursday and until midnight on Fridays and Saturdays.
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The officer found the proposal acceptable despite a strict reading conflicting with Ramsey Local Plan Policy R/TC/P1's presumption for retaining retail at ground floor, as the unit has been vacant for…
Policy R/TC/P1 Retail Uses
Policy presumes in favour of retaining retail uses at ground floor in main shopping streets including Bourne Place. Officer noted strict conflict as proposal is takeaway not retail, but vacant unit and adjacent takeaway approval mean it does not undermine policy purpose of town centre vibrancy.
General Policy 2
Requires development to respect site/surroundings in siting/scale/design, not harm landscape/townscape/amenity, provide safe access/parking, and avoid unacceptable highway effects. Assessed as compliant due to minimal changes, no amenity/highway harm, and town centre location.
Environment Policy 35
Permits only development preserving/enhancing Conservation Area character, protecting special features. Rear flue not visible from street, no major alterations, rear already has similar features like flues/bin storage.
Transport Policy 7
Requires parking per standards. Highways Services had no objection, implying compliance in town centre context.
Time limit
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.
Operating hours
No customers shall be served or remain in the building outside the following hours: Sunday - Thursday 12 noon to 11pm and Friday - Saturday 12 noon to midnight. Reason: in the interest of residential and public amenities
Kitchen extract noise limit
In the interest of protecting private residential amenity, the acoustic design of the kitchen extract system shall be such as to ensure that noise levels do not exceed 45 decibels in volume LAeq 5 minute when measured at the façade of neighbouring residential properties. Reason: in the interest of residential amenities
do not oppose the planning application
no objection, recommended condition for opening hours Sunday-Thursday 5pm-11pm and Friday-Saturday 5pm-midnight
no objection to proposal but strongly recommend condition controlling trading hours to Sunday-Thursday 5pm-23.00hrs and Friday-Saturday 5pm-Midnight to protect residential amenity and reduce anti-social behaviour risks
Ramsey Town Commissioners have no objection but recommend conditioning the specified opening hours; Isle of Man Constabulary strongly recommends controlling trading hours to mitigate anti-social behaviour and noise nuisance.
Key concern: late-night takeaway type premises act as 'honey pots' increasing opportunities for criminal or anti-social behaviour
Ramsey Town Commissioners
Conditional No Objectionwhilst they had no objection to the proposal; recommends the inclusion of the above information as a Condition of any such approval
Conditions requested: The Applicant has supplied details of opening hours for the proposed take-away, the hours being 5.00 p.m. to 11.00 p.m. Sunday to Thursday and 5.00 p.m. to midnight on a Friday and Saturday. Should this application be approved, the Commission recommends the inclusion of the above information as a Condition of any such approval.
Isle of Man Constabulary
Conditional No ObjectionI would therefore strongly recommend that the trading hours are controlled (similarly to other takeaways located throughout the Island) and request that a time condition be placed upon any approval granted
Conditions requested: The takeaway premises may only operate between Sunday - Thursday 5pm to 23.00hrs. Friday - Saturday 5pm to Midnight