Officer Planning Report

Application No.: 09/00650/C Applicant: Gamemaster Limited Proposal: Additional use of retail premises to provide an internet cafe Site Address: - Unit K - Victoria Mall - Parliament Street - Ramsey - Isle Of Man - IM8 1AZ --- ### Considerations Case Officer: Mr Chris Balmer Photo Taken: 26/05/09 Site Visit: 26/05/09 Expected Decision Level: Senior Planning Officer --- ### Written Representations --- ### Consultations Consultee: Mr P S Harrison Notes: Comments received Consultee: Highways Division Notes: Do not oppose Consultee: Clerk To The Commissioners Notes:** No objection ---

Officer's Report

Site

The site represents the curtilage of Unit K, Victoria Mall, Parliament Street, Ramsey, which forms part of the Victoria Mall shopping centre.

Land Use Zoing / Planning Policies

The application site is within an area recognised as being an area of 'Mixed Use (town centre)', under the Ramsey Local Plan. The site is not within a Conservation Area.

The following policies are therefore considered relevant in the consideration of this application:

• Ramsey local Plan 1998 – Planning Circular 2/99; and
• The Isle of Man Strategic Plan (20th June 2007)

General

Policy 2: "Development which is in accordance with the land-use zoning and

4 June 2009

09/00650/C

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."

Planning History

There are no previous planning applications which are considered relevant in the assessment and determination of this application.

PROPOSAL The application seeks approval for additional use of retail premises to provide an internet café.

Reprsentations

The Ramsey Commissioners:- "No objection." Highways Division:- "Do not oppose." The Drainage Services Manager makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice.

The Authority has received no privately written representations objecting to the application.

Assessment / Recommendation

The site is within an area zoned as being within a 'town centre' location. The site is also within a shopping area which ranges form restaurants, cafes and shops. Directly opposite is a public car park and the Co-Op supermarket.

The additional use to a internet café due to the zoning and location is considered acceptable. The main issue is the times of opening. The applicant has indicated that they propose to open:-

| Monday | 1300 hrs to 2200 hrs | | :-- | :-- | | Tuesday | 1300 hrs to 2200 hrs | | Wednesday | Closed | | Thursday | 1300 hrs to 2200 hrs | | Friday | 12 noon to 2200 hrs |

Saturday 1000hrs to 2200hrs Sunday 1400hrs to 1900hrs

They proposal to sell coffee from a vending machine, pre-packed sandwiches and soft drinks for customers, which is considered acceptable.

Overall, it is considered these hours opening hours and the proposed additional use would be acceptable given its location within a shopping centre location.

RECOMMENDATION

Overall, it is considered the proposal would be acceptable for the reasons given previously within this report. Accordingly, the proposals would be appropriate in these locations and therefore the application is recommended for an approval.

PARTY STATUS

It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:

• Ramsey Commissioners
• Department of Transport Highways Division
• Department of Transport Drainage Division

Recommendation Recommended Decision: Permitted Date of Recommendation: 04.06.2009 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 permitted shall commence before the expiration of four years from the date of this notice.

C 2.

This approval relates to the additional use of retail premises to provide an internet café as proposed in the submitted documents and drawings HLK/09/0192/1, HLK/09/0192/2 and HLK/09/0192/3 all received on 8th April 2009.

C 3.

The Internet Cafe shall only be open to the public between the following hours:

• Monday 1300hrs to 2200hrs
• Tuesday 1300hrs to 2200hrs
• Wednesday Closed
• Thursday 1300hrs to 2200hrs

4 June 2009 09/00650/C Page 3 of 4

Friday 12 noon to 2200hrs Saturday 1000hrs to 2200hrs Sunday 1400hrs to 1900hrs

N 1. Under section 6 of the Sewerage Act 1999 there must be No discharge of: a) any matter likely to injure the sewer or drain, to interfere with the free flow of its contents of to affect prejudicial the treatment and disposal of its contents. b) any matter of a description prescribe for the purpose of this paragraph.

A grease/fat trap is recommended to be installed and maintained by the occupier/owner to prevent any such waste entering the drainage system.

No discharges of fat or other food waste, which will affect the performance of the public foul sewerage system, will be permitted to the foul sewer. It will be the responsibility of the developer/occupier of the premises to provide satisfactory means of disposal for such waste.

I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : 9/6/9

Signed : ______________________________ Senior Planning Officer