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                                                 15/00479/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 15/00479/B Applicant : Jomart Properties Ltd Proposal : Conversion of former antiques shop and store to a tea room and therapy rooms over two levels including installation of an extractor flue and creation of an additional entrance for disabled access provision, screened bin store and outside seating areas Site Address : 3 Collins Lane Ramsey Isle Of Man IM8 1AL

Case Officer : Miss Abigail Morgan Photo Taken :

Site Visit : 14.05.2015 Expected Decision Level :

Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE

1.1 The site represents the curtilage of 3 Collins Lane, Ramsey which is a two storey traditional property located along the western side of a pedestrian walkway know as Collins Lane which links West Quay and Parliament Street. The lane also serves as a pedestrian access for a number of other properties along Collins Lane (mainly rear access). Collins Lane has recently been upgraded as part of the Regeneration Scheme in Ramsey Town.

2.0 PROPOSAL

2.1 The application seeks approval for the conversion of the property from retail to a tea room/restaurant and two therapy rooms. The opening hours proposed for the tea room are 8am through until 11pm every day and 8am to 8pm for the therapy rooms. The therapy use has been clarified as being health and beauty treatment rooms.

3.0 PLANNING POLICY

3.1 In terms of the current Development Plan, the application site is zoned as being 'Town Centre - Mixed use' under the Ramsey Local Plan Order 1998. The site is not within a Conservation Area.

3.2 Due to the site location and the type of proposal, the following policies are relevant for consideration:-

3.3 General Policy 2 states: "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: (c) does not affect adversely the character of the surrounding landscape or townscape; (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; (j) can be provided with all necessary services;

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                                                 15/00479/B
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3.4 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; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."

4.0 PLANNING HISTORY

4.1 The following planning application is considered relevant in the assessment and determination of this application: 14/00377/B - Conversion of property from retail to a cafe / restaurant -approved.

5.0 REPRESENTATIONS

5.1 Department of Infrastructure Highways Services have no objection.

5.2 The Ramsey Town Commissioners have no objection but make the following observation:- "the hours of operation as stated by the applicant should be set down as a condition of any approval.'

6.0 ASSESSMENT

6.1 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 through noise and disturbance and odour.

6.2 From the site visit it is difficult to ascertain if all or any of the upper floors of the nearby properties are used for residential purposes or used as office/retail/storage in connection with the ground floor retail units, although there were some windows with curtains which would suggest some residential units in the immediate area. However, no objections have been received from any of these properties.

6.3 Any noise from the extractor flue would primarily be internal as the proposal is to utilise the existing chimney stack. In terms of odour given the modest size of the unit and the small cooking area this is unlikely to be adverse impact in terms of smells etc. The flue would need to be installed to comply with Environmental Health Legislation.

6.4 With regards to noise and disturbance from increased activity along Collins Lane with people accessing the proposal on residential properties the site is designated as being within a 'Town Centre - mixed use' under the Ramsey Local Plan and not a predominately residential area. Accordingly, it is generally accepted that there will be a greater level of disturbance due a mixture of retail/shops/offices being located within the same area, as compared to a residential area.

6.5 Additionally, the proposed café/restaurant would close before 2300hrs which is generally regarded as being appropriate and not during more anti-social hours, this can be controlled by condition. The site is also within very close proximity to a number of facilities which operate during or later into the night or early mornings, these including bars and pubs and other restaurants along Parliament Street and West Quay, which are more likely to the cause of any disturbances than the proposal.

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                                                 15/00479/B
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6.6 The proposed mix of uses tea rooms/restaurant and beauty treatment rooms are considered to be complementary uses which may contribute to the increased opportunities with common clients for each use.

6.7 Overall, whilst the proposal will have an impact, as any use of the building would, it is considered for the reason indicated the proposed use would not significantly affect neighbouring residential amenities within a town centre location such as to warrant a refusal.

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, subject to conditions.

8.0 PARTY STATUS

8.1 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, Highway Services, and the Local Authority in whose district the land the subject of the application sits.

8.2 In accordance 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: Ramsey Town Comissioners

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 22.06.2015

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

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.

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                                                 15/00479/B
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The tea room/ restaurant use hereby approved shall not be undertaken outside the following times: 0800 hrs and 2300hrs hours

Reason: In order to maintain the amenities of the area.

C 3. The beauty therapy rooms hereby approved shall not be undertaken outside the following times: 0800 hrs and 2000hrs hours

Reason: In order to maintain the amenities of the area.

C 4. No development shall commence on site until details showing ventilation and extraction equipment within the site (including details of its position, appearance and details of measures to prevent noise emissions) have been submitted to and approved in writing by the Planning Authority. The ventilation/extraction equipment shall be installed prior to the building/extension hereby approved is first occupied and shall thereafter be maintained in accordance with the approved details.

Reason: To safeguard the amenities of the occupiers of adjoining properties.

C 5. No amplified sound shall be generated in the outside seating areas at any time or within the building from the use hereby approved outside the hours of 0800 hrs to 2300hrs.

Reason: To safeguard the amenities of occupiers of nearby properties.

C 6. The use hereby approved shall not commence until the front and rear doors of the premises have been fitted with a self-closing mechanism and thereafter kept closed at all times except only as required for the entry or exit of goods or customers or in case of emergency.

Reason: To safeguard the amenities of the surrounding area.

C 7. All new windows, doors and associated frames shall be timber units with joinery details to match the originals, including opening pattern and frame sections, and shall be retained as such.

Reason: In the interests of visual amenity and the character and appearance of the building and the area.

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This approval relates to Plan References 15/2449/01-A and 15/2449/02 A all date stamped as recieved on 27 May 2015 and email deated 1 May 2015.

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.

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                                                 15/00479/B
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Decision Made : Permitted Date : 29.06.2015 Determining officer (delete as appropriate)

Signed :... Chris Balmer

Senior Planning Officer

Signed :... Sarah Corlett

Senior Planning Officer

Signed :... Michael Gallagher

Director of Planning and Building Control

Signed : Jennifer Chance Jennifer Chance

Head of Development Management