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22/00455/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00455/B Applicant : Mr Sandeep Singh Proposal : Conversion from shop (Class 1.1) to food and drink (Class 1.3) involving the installation of a rear flue and reinstatement of rear double doors Site Address : 10 St Pauls Square Ramsey Isle Of Man IM8 1LE
Planning Officer: Mrs Vanessa Porter Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.07.2022 __
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
11:00 to 23:00 Sunday to Thursday 11:00 to 01:00 Friday to Saturday
Reason: The application proposes the times listed and has been considered on this basis only and in the interests of the amenity of neighbouring occupants in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.
C 3. The extractor system and flue must be installed according to the plans and supporting information and maintained as such thereafter
Reason: To ensure the development is implemented according to the plan/details submitted, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.
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C 4. The extractor system hereby approved shall be removed and the ground restored to its former condition in the event that it is no longer used or required for a period exceeding 12 months.
Reason: The structures have been exceptionally approved solely to meet a specific need and its subsequent retention would result in an unwarranted infrastructure within the streetscene.
C 5. The kitchen extract system(s) shall not exceed the noise limit of 45 dB LAeq, 5 minute measured at the façade of neighbouring residential premises.
Reason: In the interests of public and private amenities.
This application has been recommended for approval for the following reason. The proposal complies with General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 13th April 2022; o Location Plan o Drawing No. JTM2218-P-01
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE
1.1 The application site is within the curtilage of 10 St Pauls Square which is a shop situated to the South West of St Pauls Square. St Paul's Square is a mixture of shops to the ground floor level and apartments to the first floor level.
THE PROPOSAL
2.1 The current planning application seeks approval for three connected items,
2.2 The proposed hours of operation are to be 11am to 11pm Sunday to Thursday and 11am to 1pm Friday and Saturday.
PLANNING HISTORY
3.1 The previous applications are not relevant in the assessment of this application.
PLANNING POLICY
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22/00455/B Page 3 of 5
4.1 The site lies within an area zoned as "Town Centre" on the Ramsey Local Plan 1998, Map 2. The property is not within a Conservation Area but is within a High Risk Flood Zone (Tidal).
4.2 Given the nature of the residential property and the land designation the most relevant strategic policies are Environment Policy 22 which sets out that development should not unacceptably harm the environment and/or amenity of nearby properties and General Policy 2 which sets out development standards. Environment Policy 10 is also relevant due to the proposal being in a Flood Risk Zone.
4.3 The above policies are then followed by Strategic Policy 9 which states that new retail development must be within town and village centres, Business Policy 9 which states that new retail must be in existing retail areas, Business Policy 10 which states that retail must be in established towns and village centres.
REPRESENTATIONS
5.1 The following representations can be found in full online, below is a short summery;
5.2 Highway Services have considered the proposal and state "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking." (29.04.22)
5.3 Ramsey Town Commissioners have considered the proposal and state they have no objection. (24.05.22)
ASSESSMENT
6.1 The main issues to consider in the assessment of this planning application are:
6.2 PRINCIPLE
6.2.1 When looking at the proposed principle of the development, there would be no issues with the change of use from Class 1.1 (shops) to Class 1.3 (takeaway) given that the site is located within a Town Centre, both uses are prevalent in the area, and the central location of takeaways in towns can encourage their overall vibrancy and footfall.
6.3 CHARACTER AND APPEARANCE
6.3.1 Turning towards the character and appearance of the flue and the installation of the rear doors upon the overall streetscene. Having done a site visit it can be seen that the rear of No.10 St Paul's Square is very industrial in the way it appears by being the rear of the properties along Waterlook Road, a car park and the rear of the shops along Bourne Place and the West of St Paul's Square. As such there is already a general amount of industrial clutter including a flue to the North of the site and ASHP's to the South of the site.
6.3.2 Overall due to the clutter of industrial items within the surrounding area, it is unlikely that the proposed flue will have an impact upon the surrounding area enough to warrant refusal.
6.4 NEIGHBOURING AMENITY
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22/00455/B Page 4 of 5
6.4.1 There are two parts when looking at the neighbouring amenity, firstly the opening hours till 1am in the evening and secondly for the impact with regards to the installation of the flue.
6.4.2 Firstly with regards to the proposed opening times and the impact this can have on the neighbouring amenity, 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.
6.4.3 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 which in itself would provide additional background noise.
6.4.4 As such it is not considered that the proposed 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 site after midnight on a weekday and Sunday nights for example is not regarded as being as popular.
6.4.5 Turning towards the proposed flue, the operation of a takeaway can lead to a concentration of odour around the site, which can be considered detrimental to the living and working conditions of the surrounding sites.
6.4.6 However, an industrial flue should be installed correctly and with the proper filtration system which would in turn reduce any such impact to a minimum. These aspects of the proposed flue are controlled respectively by Building Control and Environmental Health, and planning conditions cannot be attached for their enforcement since they are both under the authorities of other Departments.
6.4.7 As such, taking the above into account and noting that the application is made on the basis that the Building Control and Environmental Health regulations are followed, it is considered that the proposed flue would be acceptable with regards to neighbouring amenity.
6.5 FLOOD RISK
6.5.1 Due to the site being situated within a Flood Risk Zone it is necessary to assess whether a Flood Risk Assessment would be required as per Environment Policy 10.
6.5.2 The information provided by the agent on behalf of the applicant states that they would be using sand bags as a means of Flood Risk and that do to the location of the shop they think they would have enough time to take measures if there is to be a flood.
6.5.3 Whilst the above information is lacklustre at best, it is relevant to note that the proposal is not for living accommodation, Flood Risk have not commented and that the site is an existing store which probably would have used sand bags for any possible flooding.
6.5.4 As such it is deemed that a Flood Risk Assessment isn't required for this application and the information provided is acceptable.
CONCLUSION
7.1 The proposed opening times and change of use 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. As such the proposal is recommended approval with conditions regarding the extractor fan and maintenance.
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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 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: 08.07.2022
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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