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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 21/00102/C Applicant : V & V Food And Hospitality Proposal : Change of use from delicatessen shop (class 1.1) (part of existing restaurant) to restaurant (class 1.3) Site Address : Ground Floor Court Row Chambers Court Row Ramsey Isle Of Man IM8 1AA

Planning Officer: Mrs Vanessa Porter Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 06.04.2021 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. No customers shall be served or remain in the building outside the following hours: Thursday to Saturday 1230hrs to 1500hrs Sundays 1200hrs to 1600hrs Wednesday to Saturday 1800hrs to 2300hrs.

Reason: For the benefit of doubt and for consistency with previous decisions on this site.

This application has been recommended for approval for the following reason. The proposal to amalgamate the shop and the restaurant into one restaurant complies with General Policy 2, Business Policy 1, Transport Policy 7, Environment Policy 22 and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 5th February 2021:

o Drawing No. 001 o Drawing No. 110 __

Interested Person Status - Additional Persons

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It is considered that the following Government Department should be afforded Interested Person Status as they have raised material consideration in their representations in accordance with Article 4(2):

DOI Flood Risk Management Division __

Officer’s Report

THE APPLICATION SITE 1.1 The application site is Court Row Chambers, Court Row, Ramsey which is a two storey building situated upon a corner plot where Court Row meets Water Street in the middle of the main town centre. Facing the frontage of the building is the War memorial gardens.

THE PROPOSAL 2.1 The current planning application seeks approval to change the use of the existing delicatessen shop (class 1.1) within the building to restaurant (class 1.3).

2.2 No other changes have been proposed within this application.

PLANNING HISTORY 3.1 There are several previous applications on the site of which PA15/00146/C is the most relevant and was for "Change of use of room currently designated as restaurant to delicatessen in addition to present restaurant activities" and was approved.

3.2 PA13/00787/B is also relevant and was for the "Conversion of ground floor former post office area to a restaurant including the installation of a flue" and was approved with the following condition,

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."

PLANNING POLICY 4.1 The site lies within an area zoned as Mixed Use, Town Centre on the Ramsey Local Plan 1998, Map 2. The property is within a Conservation Area but not a flood zone.

4.2 Given the nature of the application the following policies which are relevant to this application, General Policy 2, Business Policy 1, Transport Policy 7 and Environment Policy 22.

4.3 General Policy 2 of the Isle of Man Strategic Plan 2016 states in part, "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: (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; (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;

4.4 Business Policy 1 of the Isle of Man Strategic Plan 2016 states, "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."

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4.5 Transport Policy 7 of the Isle of Man Strategic Plan 2016 states, "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.' The standard in respect of town centre residential development is one car parking space per each one-bedroom flat and two spaces per each two-bedroom flats but this can be relaxed when having regard to: (a) the location of the housing relative to public transport, employment, and public amenities; (b) the size of the dwelling; (c) any restriction on the nature of the occupancy (such as sheltered housing); and (d) the impact on the character and appearance of the surrounding area"

4.6 Environment Policy 22 of the Isle of Man Strategic Plan 2016 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."

4.7 Due to the application site being within a Conservation Area Environment Policy 35 is a crucial policy: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." This echoes the provision of Planning Policy Statement 1/01, policy CA/2, which states: "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.

REPRESENTATIONS 5.1 Highway Services have considered the proposal and state the following, "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and/ or parking. (10.03.21).

5.2 Ramsey Town Commissioners have considered the proposal and have no objection (22.03.21).

5.3 DOI Flood Risk Management Division have considered the proposal and have "No Flood Risk Management Interest" (29.03.21).

ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the principle of the change from Class 1.1 to Class 1.3 and (ii) the potential impacts on the wider amenity.

Principle

6.2 When looking at the Ramsey Town Centre there is a mixed variety of uses from retail to food and drink of which the change from Class 1.1 to Class 1.3 would be in keeping with these uses and as such the principle of the change of use is acceptable.

Impact on neighbouring properties

6.3 With regards to the possible impact on neighbouring properties it is important to note that the subject site is adjacent to several shops and whilst there are residential apartments within the direct vicinity there are also several restaurants and takeaways within the surrounding area. It is also relevant to note that the existing restaurant has been functioning for a long time and as such adding the existing floor area to this would not affect how the restaurant is currently functioning.

6.4 Within the additional information received from the agent on behalf of the applicants they have provided times which are not consistent with the times approved by condition within PA13/00787/B which can be seen in part 3 of this report above. The agent was made aware of this

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discrepancy and after discussions decided that a change of time would be the basis of a new application, as such for the benefit of doubt within this application a condition should be attached to this application with the previously approved times as a reminder.

Character and Appearance

6.5 With regards to Environment Policy 35 the proposal has not included any external alterations to the building and as such there is no impact on the character or appearance of the Ramsey Conservation Area.

CONCLUSION 7.1 For the above reasons the proposal is considered to comply with General Policy 2, Business Policy 1, Transport Policy 7, Environment Policy 22 and Environment Policy 35 of the Isle of Man Strategic Plan 2016 and therefore acceptable.

INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department onsiders material; c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status __

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted

Date: 07.04.2021

Determining officer

Signed : S CORLETT Sarah Corlett

Principal Planner

Customer note

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