DEC Officer Report

Application No.: 21/00623/B Applicant: V & V Food And Hospitality Proposal: Variation of condition 2 of PA 21/00102/C involving alterations to opening hours Site Address: Ground Floor B Court Row Chambers Court Row Ramsey Isle Of Man IM8 1AA Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.07.2021 _________________________________________________________________

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: Monday to Sunday - 1700 to 2300

Reason: In the interest of amenities of the area and as the application has been considered on these times only.

This application has been recommended for approval for the following reason.

It is considered the proposal would have no significant impact upon public or private amenities and therefore comply with the relevant planning policies of the Isle of Man Strategic Plan 2016 and the Ramsey Local Plan.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 08.06.2021. _______________________________________________________________

Interested Person Status

Additional Persons None

Officer’s Report

1.0 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.

2.0 PROPOSAL - 2.1 The application seeks Variation of condition 2 of PA 21/00102/C involving alterations to opening hours Monday to Sunday - 1700 to 2300. This is from the following which was approved under application 21/00102/C:

"Thursday to Saturday 1230hrs to 1500hrs Sundays 1200hrs to 1600hrs Wednesday to Saturday 1800hrs to 2300hrs."

- 3.0 PLANNING POLICY

3.1 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. - 3.2 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. - 3.3 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;

3.4 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." - 3.5 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"

3.6 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."

3.7 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.

- 4.0 PLANNING HISTORY

4.1 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."

4.2 Further the most recent application (21/00102/C) was approved for the Change of use from delicatessen shop (class 1.1) (part of existing restaurant) to restaurant (class 1.3):

"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."

- 5.0 REPRESENTATIONS

5.1 Ramsey Commissioners have no objection (23.06.2021). 5.2 Highway Services (23.06.2021) comment: "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking" 6.0 ASSESSMENT 6.1 The main consideration is whether the additional hours of the restaurant opening (Monday to Sunday - 1700 to 2300hrs) are acceptable to neighbouring amenities. In this case the site is within a town centre location where a number of existing restaurant and pubs have similar opening hours and are hours which you would expect such uses to operate till.

6.2 The original hours of operation which were included in application 13/00787/B and then replicated in the more recent application (21/00102/C) where times indicated by the applicants, rather than the Department insisting on these times.

6.3 It is not considered the hours proposed are unreasonable and with no objections received it is considered the opening hours are appropriate for a restaurant in this location. - 7.0 CONCLUSION

7.1 Overall, it is considered the proposal would have no significant impact upon public or private amenities and therefore comply with the relevant planning policies of the Isle of Man Strategic Plan 2016 and the Ramsey Local Plan. - 8.0 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 considers 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 the Head of Development Management 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 : 22.07.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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