**Document:** DEC Decision Notice
**Application:** 19/00061/B — Alterations and variation of condition 3 of PA 16/00573/B, Conversion of existing retail unit to additionally provide the sale of hot food and drink for consumption on and off the premises, creation of an indoor seating area and installation of an external flue, to change the cafe hours of operation
**Decision:** Permitted
**Decision Date:** 2019-03-20
**Parish:** Lezayre
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/29289-lezayre-23-parliament-street-alteration-shop-conversion/documents/1044210

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# DEC Decision Notice

Chun Yan Wang & Kun Lu 6 Greenlands View Ramsey IM8 2PB

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

In pursuance of powers granted under the above Act and Order the Department of Environment, Food and Agriculture determined to APPROVE an application by Chun Yan Wang & Kun Lu, Ref 19/00061/B, for the Alterations and variation of condition 3 of PA 16/00573/B, Conversion of existing retail unit to additionally provide the sale of hot food and drink for consumption on and off the premises, creation of an indoor seating area and installation of an external flue, to change the cafe hours of operation at 23 Parliament Street Ramsey Isle Of Man IM8 1AS subject to compliance with the following condition(s) and notes (if any):

- 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- 2. 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.
- 3. No customers shall be served or remain in the building outside the following hours 0930hrs till 1800hrs Monday to Saturdays and 0930hrs till 1700hrs on Sundays.

Reason: In the interests of public amenity and as these are the times indicated within the planning application submission.

- 4. The extractor system and flue are required to be installed in accordance with the approved details listed within the letter dated 19th July 2016, submitted in respect of planning application 16/00573/B, and the "proposed Elevational Drawing - 1:50 scale" and retained as such thereafter. Reason: To safeguard the amenities of the occupiers of adjoining properties.

This approval relates to drawings reference Location Plan - 1:1000 scale; Existing and Proposed Floor Plans - 1:50 scale; Proposed Elevations - 1:50 scale indicating roof extraction duct; note indicating variation of hours; external photograph of roof and fryer details submitted to the Department and dated stamped 23rd January 2019.

Date of Issue: 20th March 2019

## Director of Planning and Building Control

Guidance Note

This decision was made by a Principal Planner in accordance with the authority delegated to them.

All correspondence which led to the assessment and decision is available to view on the Government’s website (via Online Services) or at the Department’s offices Murray House, Mount Havelock, Douglas.

https://www.gov.im/planningapplication/services/planning/search.iom This decision refers only to that applied for under the The Town and Country Planning (Development Procedure)(No 2) Order 2013.

Any appeal against this decision must be in accordance with the criteria set down in that instrument.

Specifically, a valid appeal must be in writing, signed by the appellant, and submitted to the Department within 21 days of the date of this Notice. To further validate the appeal it must contain:

-  Payment of a planning appeal fee as prescribed in the Town and Country Planning (Application and Appeal Fees) (No2) Order 2016 (currently £175);
-  The reasons for making the appeal; and
-  An election to have the appeal conducted by means of an inquiry (a hearing) or by means of written representation.

An appeal form and guidance notes are available from either Planning & Building Control, Tel 685950, or to download from the Department’s website https://www.gov.im/categories/planning-and-building-control/planningapplications/planning-appeals/how-to-appeal/

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department’s public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

### PleasenotethatifthecountercopyoftheapplicationisnotcollectedwithinTHIRTY DAYS following the last date on which a planning appeal can be made it will be destroyedwithoutfurthernotice.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/29289-lezayre-23-parliament-street-alteration-shop-conversion/documents/1044210*