24 May 2022 · Planning Committee
Land South Of Mer Stop, Parsonage Road, Ramsey, Isle Of Man, IM8 2ee
The proposal involves changing the use of cleared scrub land to an outdoor seating area for the Fynoderee bar, featuring permeable gravel base, integral seating tables, wildflower seeding on banks, an accessible ramp, and installation of bird and bat boxes.
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The officer assessed the impact on the wider environment under Environment Policy 23 (alterations to existing facilities not adversely impacting neighbours), Environment Policy 22 (development not una…
Environment Policy 22
Requires development does not unacceptably harm neighbouring amenity. Officer assessed that while the outdoor seating would increase noise at the edge of town centre mixed-use zone, it would not exceed expectations for such an area, especially compared to nearby pub potential, and conditions on hours mitigate impacts.
Environment Policy 23
Seeks alterations to existing facilities do not adversely impact neighbours. Proposal linked to existing bar; officer found no unacceptable harm to surrounding residential amenities due to location and controls.
General Policy 2
Sets general development standards. Officer concluded proposal complies, providing vitality to town centre without unacceptable amenity or environmental impacts.
Business Policy 1
Encourages employment opportunities. Relevant as proposal supports town centre business viability.
Transport Policy 7
Relates to parking standards in Appendix 7. No issues raised as Highway Services did not object.
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Operating hours
No customers shall be served or remain in the area outside the following hours 1st October to 31st March - 9am to 7pm 1st April to 30th September - 9am to 10pm. Reason: In the interests of public amenity and to reflect the application as submitted.
Do not oppose subject to conditions
resolved not to submit any comments on this proposal
DOI Highways provided two responses, initially requesting additional details on access, pedestrian safety, and operations, then issuing a conditional no objection after amendments addressed most concerns; multiple local residents objected primarily on noise, highway safety, and amenity grounds.
Key concern: insufficient initial details on pedestrian access, mobility impairment provisions, and highway safety near tram lines and road
Department of Infrastructure Highways Development Control
Conditional No Objection"the proposal provides insufficient detail between the distillery and the proposed outdoor seating area to verify the adequacy of the provision for pedestrians and those with mobility impairments"; "Recommendation: Additional details"
Conditions requested: additional details required on route identification, gate details (1.5m width, slow close not quicker than 5 seconds, contrasting colour), ramp/steps profile, operational details, fencing, litter control, drainage; dropped kerbs to be provided under s109(A) Highway Agreement post-consent
Department of Infrastructure Highways Development Control
Conditional No Objection"Highway Services raise no opposition to the proposal subject to all access arrangements to accord to drawing No. 221/550a"; "Recommendation: DNOC"; "85th Percentile speeds of 17.9mph northbound and 17.4mph southbound... exceed the minimum required visibility distance of approximately 25m"
Conditions requested: all access arrangements to accord to drawing No. 221/550a; Planning satisfied on amenity solutions; S109(A) Highway Agreement needed post planning consent for new dropped crossing; Section 63 Highways Act structural check for retaining wall post planning consent; permeable surface materials and drainage appropriateness confirmed with Highway Services Drainage Team
The original application by Fynoderee Limited for an outside seating area with landscaping on land south of the Manx Electric Railway stop in Ramsey was approved by the Planning Committee on 24 May 2022, subject to time-limited hours of use. Mrs P M King, a nearby resident, appealed as an interested person, arguing noise and disturbance, highway safety risks, and public nuisance issues due to proximity to her home. The Council defended the approval citing the town centre mixed-use zoning, limited impact on amenity, no highway objections, and economic benefits. The inspector, after a site visit, analysed noise, highway safety, antisocial behaviour, and benefits, finding no unacceptable harm in the mixed-use context and compliance with key policies. The appeal was dismissed on 23 November 2022, upholding the approval with conditions on hours of operation.
Precedent Value
This appeal demonstrates that in Isle of Man town centre mixed-use zones, proposals enhancing tourism vitality can outweigh resident amenity concerns if impacts are not 'unacceptable' per EP22/GP2 and supported by no highway objections. Future objectors/third-party appellants should provide evidence beyond personal proximity, while applicants benefit from controlled operations like table service and time-limited conditions.
Inspector: Brian J Sims
