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22/00307/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 22/00307/B Applicant : Fynoderee Limited Proposal Variation of condition 2 of PA 20/00430/B to change permitted hours of operation Site Address Fynoderee Distillery Parsonage Road Ramsey Isle Of Man IM8 2EE
Case Officer :
Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 13.05.2022
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 building outside the following hours Sunday to Thursday - 0800hrs to 2300hrs Friday to Saturday - 0800hrs to 0000hrs New Years Eve 0800hrs to 0100hrs
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 is considered to comply with General Policy 2 and Environmental Policy 22 & 23 of the Isle of Man Strategic Plan 2016 and therefore acceptable.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 16th March 2022; o Drawing No. 221/001 o Drawing No. 221/002 o Drawing No. 221/021f
This decision also relates to a letter received on the 6th May 2022 which has the new proposed opening times.
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22/00307/B Page 2 of 6
Interested Person Status - Additional Persons
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):
No.5 Towerside Court, "Cranstal," 2 Santon Terrace and 1 Parsonage Road, Ramsey as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (January 2020). __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE OFFICER RECOMMENDING APPROVAL AND THE LOCAL AUTHORITY OBJECTING
THE APPLICATION SITE 1.1 The application site is the curtilage of Fynoderee, which is a distillery and "tasting" bar situated upon Parsonage Road, Ramsey. The site is situated on the eastern side of Tower Road, and northern side of Parsonage Road. The site itself was a garage/workshop. To the South of the site is the Manx Electric Railway.
1.2 The premises have approval for use for Class 3 (distillery with ancillary offices) and Class 1 (shop).
THE PROPOSAL 2.1 The current planning application seeks approval to extend the existing hours from the following; 0800hrs till 2200hrs Monday to Thursday, 0800hrs till 0000hrs Friday and Saturday and 1000 hrs till 1630hrs Sunday to Monday to Sunday 0800hrs till 0030hrs.
2.2 Further to the above, an amendment was received to change the opening hours to the below; Sunday to Thursday - 0800hrs to 2300hrs Friday to Saturday - 0800hrs to 0000hrs New Year's Eve 0800hrs to 0100hrs
PLANNING HISTORY 3.1 There are several applications on the site of which there was an application in 2019 to change the use of the garage/workshop into a "tasting bar," PA19/01440/B (Installation of fencing, formation of parking and bin area and change of use from workshop/garage/offices to a distillery with ancillary offices (Class 4) and shop (Class 1)) and a subsequent application which was for the variation of the internal layout, PA20/00430/B (Variation of condition 3 of PA 19/01440/B to vary the internal layout of existing development). Below are the most relevant conditions in relation to this application, which was attached to the applications.
3.2 PA19/01440/B - Condition 2 No customers shall be served or remain in the building outside the following hours 0800hrs till 2200hrs Monday to Thursday, 0800hrs till 0000hrs Friday and Saturday and 1000 hrs till 1630hrs Sunday. Reason: In the interests of the residential amenity of the area.
3.3 PA20/00430/B - Condition 2 No customers shall be served or remain in the building outside the following hours 0800hrs till 2200hrs Monday to Thursday, 0800hrs till 0000hrs Friday and Saturday and 1000 hrs till 1830hrs Sunday.
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22/00307/B Page 3 of 6
Reason: In the interests of the residential amenity of the area.
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 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 have considered the application and have no objections (31.03.22 & 12.05.22).
5.3 Ramsey Town Commissioners have written in to state that they cannot support the application (22.04.22).
5.3 The Isle of Man Constabulary (Alcohol Unit) have considered the proposal and have no objection (13.05.22)
5.4 The owner/occupier of No.5 Towerside Court, have written in to object against the proposal on the basis on noise disturbance. (6.4.22)
5.5 The owner/occupier of "Cranstal," 2 Santon Terrace have written in to object against the application on the basis of noise disturbance. (6.4.22)
5.6 The owner/occupier of 1 Parsonage Road, Ramsey have written in to object to the proposal on the basis of noise disturbance. (8.4.22)
ASSESSMENT 6.1 6.1 The main issues to consider in the assessment of this planning application are;
6.2 The main consideration of this application is whether the proposed permanent extension of the opening hours 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
6.3 Having looked at the information provided within this application and the sites own viewable online website/Facebook page, it can be seen that they are tantamount to a "bar" which is defined as "an establishment for the sale of beer and other drinks, and sometimes also food, to be consumed on the premises." Whilst this is the case, the site only does sit down service and as such, the clientele would be different from a normal pub.
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22/00307/B Page 4 of 6
6.4 The impact of anti-social behaviour is always a difficult one to assess in Planning terms. There needs to be the right balance of allowing uses within a town centre which would add to the vibrancy of the area, versus the difficulties of anti-social behaviour at 'hot spots' where alcohol misuse can lend to poor behaviour in terms of littering, shouting, fighting and vandalism.
6.5 Due to this clarification was sought from the Central Alcohol Unit on whether they had any issues with regards to the proposal, of which they do not raise any objections.
6.6 It is important, as with the original application and the subsequent application, to consider the impacts of the proposed opening hours on the amenity of nearby residential aspects and the impact of a public nuisance preserve. It is understandable that there will be some additional noise generated from the longer opening times, 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.
6.7 It is not considered that the extension of the opening hours would be any more detrimental to public and residential amenities given the town centre location of the proposal. The potential for large weekday crowds at the bar after midnight on a weekday and Sunday nights for example is not regarded as being as popular.
6.8 The increase in the opening times 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.
CONCLUSION 7.1 For the above reasons the proposal is considered to comply with General Policy 2 and Environmental Policy 22 & 23 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) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.
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 in Article 6(4) who should be given Interested Person Status. __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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
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22/00307/B Page 5 of 6
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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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22/00307/B Page 6 of 6
PLANNING COMMITTEE DECISION 23.05.2022
Application No 22/00307/B Applicant Fynoderee Limited Proposal Variation of condition 2 of PA 20/00430/B to change permitted hours of operation Site Address Fynoderee Distillery Parsonage Road Ramsey Isle Of Man IM8 2EE
Planning Officer Mrs Vanessa Porter Presenting Officer As above Addendum to the Officer Report During the Committee consideration, the Head of Development Management clarified that the business was operating under the hours approved under PA20/00430/B and that the proposal description should have referred to that application, as opposed to 19/01440/B. It was noted that previous amendment to a proposal in similar situations had occurred without readvertsement in the past. The Committee acknowledged that whilst there were objectors in this instance proposal correction could be allowed.
The Planning Committee agreed to the recommendation from the Planning Officer which included an extra condition regarding conditioning the floor plan;
The development hereby approved shall all be carried out in full accordance with the internal layout as shown on Drawing No 221/021f received on the 16th March 2022, unless otherwise agreed in writing by the Department.
Reason: To ensure the uses as proposed and shown on the submitted plans/submitted statement are undertaken as proposed and to ensure in the future such uses do not increase within the building which may have adverse impact upon neighbouring amenities and the application has been judged solely on the proposal as shown and any additional changes would require additional consideration.
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