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22/00306/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00306/B Applicant : Fynoderee Limited Proposal : Creation of an outside seating area with associated landscaping Site Address : Land South Of MER Stop Parsonage Road Ramsey Isle Of Man
Planning Officer: Mrs Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 16.05.2022 __
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 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.
This application has been recommended for approval for the following reason. The proposal complies with Environment Policy 22 & 23, and General Policy 2 and is recommended for approval.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 9th May 2022; o Drawing No. 221/005a o Drawing No. 221/550a __
Interested Person Status - Additional Persons
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It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are considered not to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NUMBER OF OBJECTIONS AND THE RECOMMENDATION OF APPROVAL
THE APPLICATION SITE 1.1 The application site is within a parcel of land situated to the South of the MER stop, Parsonage Road. The site was scrub land and has recently been cleared.
THE PROPOSAL 2.1 The current planning application seeks approval for the change of use of the land to sitting area in connection with the Fynoderee bar situated across the road. Works to the land will include gravel to be laid on a fully permeable sub-base to allow the addition of tables with integral seating, wildflower seeding of the banked areas and an accessible wheelchair ramp. The application will also include the installation of bird and bat boxes to the existing banks.
2.2 The proposed opening times of the site are as follows; 1st October to 31st March - 9am to 10pm 1st April to 30th September - focused on daylight hours
PLANNING HISTORY 3.1 There are no previous applications on the application site which are relevant to the assessment of this application, whilst that is the case, the proposal is in connection with the bar across the road, Fynoderee of which there are two applications which are relevant in this assessment, PA20/00430/B which was to vary condition 3 of the original proposal PA19/01440/B, for the change of use to bar and PA22/00307/B which was put in at the same time as this application and is for the increase of opening times.
PLANNING POLICY 4.1 The site lies within an area zoned as "Town Centre - Mixed Use" on the Ramsey Local Plan 1998, Map 2. The site is not within a Conservation Area nor a Flood Risk Zone.
4.2 Given the land designation of the site and the proposal the most relevant Strategic Policies are Environment Policy 23 which seeks that alterations to existing facilities do not have an
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adverse impact upon the existing neighbours and Environment Policy 22 which seeks in relation to this assessment that development does not unacceptably harm the neighbouring amenity of nearby properties, followed by General Policy 2 which sets out general development standards.
4.3 Other Strategic Policies which are relevant to the assessment of this application is Business Policy 1 which seeks that employment opportunities are encouraged and Transport Policy 7 in relation to Appendix 7 which sets out the parking standards.
REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summery;
5.2 Highway Services initially required additional information to make an assessment of the application (31.03.22), additional information was received and Highway Services state that they "Do not Opposed subject to conditions." (13.05.22)
5.3 Garff Commissioners have considered the proposal and state that they have "resolved not to submit any comments on this proposal." (22.04.22)
5.4 The following properties have raised objections on the basis of noise disturbance and highway safety;
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are:
6.2 IMPACT ON WIDER ENVIRONMENT 6.2.1 The main consideration of this application is whether the proposed seating area in connection with Fynoderee would result in harm to the surrounding environment and specifically the residential dwellings. The site is situated to the end of land designated as within a Town Centre - Mixed Use area which is an area where one would expect a higher degree of noise and disturbance through greater activity and therefore there needs to be an understanding by persons living in such areas that there is likely a greater level of background noise and general disturbances throughout the day and night, than those in more residential area designations. Generally there are a mix of uses within a town centre to maintain and enhance the viability of vitality of the areas.
6.2.2 As stated above the land in question is situated to the end of the Town Centre - Mixed Use area, which means that there are more residential properties surrounding the site than there would be, if the site was situated directly within Ramsey Town Centre. Prior to the change of use of the garage/workshop directly across the land in question (PA19/01440/B) it is understood that there would not have been any Town Centre uses close to the site, and as such the residential properties surrounding the site would have had a quiet spot close to the Town Centre.
6.2.3 This means that any use which increases the likelihood of sound after a "normal" time would be raised as a nuisance. Town Centres within the Isle of Man do not have the vibrancy or vitality of Town Centres within the UK or beyond, even with late night bars and restaurants,
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as such innovative ideas which can bring vitality and vibrancy to a Town Centre should be encouraged.
6.2.4 Whilst it is understandable that the proposal will increase the noise within the surrounding area due to it being situated within an outside area, which could impact the neighbouring properties, whilst this is the case the area is designated as a Town Centre and taking the above into account, noting the surrounding area, it should be noted that the Britannia Pub which has been closed in recent time (although could re-open as a pub), is 130m to the north east of the site and it is likely that use (given it size) would likely have a greater impact upon neighbouring amenities than the proposal would, as such it is deemed that the proposed seating area would not result in an unacceptable increase in noise pollution or have an impact on local amenity above and beyond what would be expected of the surrounding area as per General Policy 2 and Environmental Policy 22.
6.3 HIGHWAY SAFETY 6.3.1 Turning towards Highway Safety, which is a main consideration due to the seating area being across the road from the main bar. The seating area is to be table service only, which will reduce the need for customers to cross the highway and during the busier periods of service, customers are to be served with more durable environmentally sustainable plastic cups, which will be cleared away regularly by staff. It is also noted that the likelihood of the site being used in adverse weather conditions will be minimal and that the seating area will be used in connection with the weather.
6.3.2 Representation has been received from Highway Services who state that the proposal should not raise any significant road safety or highway network efficiency issues, as such they have not raised any objections against the proposal. With the above in mind it is deemed that the impact of the proposed works upon Highway Safety is enough to warrant refusal.
CONCLUSION 7.1 The proposed seating area will provided vitality and vibrancy to an area which zoned as within a Town Centre as such the proposal will comply with Environment Policy 22 & 23 and General Policy 2, subject to conditions regarding the opening times and access arrangements.
7.2 The applicants have suggested that they would be acceptable of a two year temporary period, if the Planning Committee would deem this acceptable over a full approval.
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
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o whether there are other persons to those listed above who should be given Interested Person Status __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 23.05.2022
Signed : V PORTER Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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