**Document:** Planning Officer Report Recommendations **Application:** 13/00343/C — Additional use of premises as a coffee bar **Decision:** Permitted **Decision Date:** 2013-07-04 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/4182-lezayre-st-pauls-book/documents/1290104 --- # Planning Officer Report Recommendations [Table omitted in markdown export] ### Officer's Report THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE OBJECTION FROM THE LOCAL AUTHORITY. #### 1.0 The Application Site 1.1 The application site is the curtilage of St Paul's Bookshop, a single storey retail unit sited on the western side of St Paul's Square forming a wider part of the St Paul's Precinct shopping area in Ramsey. Above the unit is a separate residential living unit as part of St Pauls Apartments. #### 2.0 The Proposal 2.1 The planning application seeks the approval for the additional use of the bookshop as a coffee bar. 2.2 Proposed is the installation of a coffee bar in the northern part of the unit with three tables seating four people each with an additional two tables sitting four people each in the central part of the bookshop. There are no physical alterations to the external appearance of the building. 2.3 At present the book shop is operates between 09.00 and 17.30 Monday to Saturday with occasional Sunday openings. It is proposed that the coffee bar would operate the same times as the book shop. 2.4 The proposed coffee bar would serve hot beverages such as tea, coffee, hot chocolate along with chilled drinks, biscuits and cakes and would offer the option of take outs. There would be no hot food or sandwiches sold. #### 3.0 Planning History 3.1 The application site has been the subject of one previous planning application 1993 which sought approval in principle for 3 replacement shopfronts, St. Pauls Bookshop, 1, 2 & 3 Church Walk, St. Pauls Square, Ramsey. This was granted planning approval under PA 93/00545/A. [Table omitted in markdown export] 3.1 In terms of local plan policy, the application site is in an area designated as Town Centre Mixed Use under the Ramsey Local Plan Order 1998 Map No. 2 (South). The application site also falls within the Sulby River Flood Zone which has a flood return period of 200years. There are no policies within Planning Circular 2/99, the written statement accompanies the Local Plan, considered specifically relevant to the assessment of this current planning application. 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains a policy considered specifically material to the assessment of this current planning application. General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: - (a) is in accordance with the design brief in the Area Plan where there is such a brief; - (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; - (c) does not affect adversely the character of the surrounding landscape or townscape; - (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; - (e) does not affect adversely public views of the sea; - (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; - (g) does not affect adversely the amenity of local residents or the character of the locality; - (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; - (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; - (j) can be provided with all necessary services; - (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; - (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; - (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and - (n) is designed having due regard to best practice in reducing energy consumption." ## 4.0 Representations 4.1 Ramsey Town Commissioners have recommended that the application be deferred until further information has been received regarding customer toilets, the provision of take away facilities, proposed hours of operation and number of seats being made available. NB: Ramsey Town Commissioners received additional information regarding the above matters. Ramsey Town Commissioners considered the planning application with the additional information and object to the planning application on the grounds that the toilet provision as shown on the submitted drawings and as described as within the additional information provided are inadequate and do not provide satisfactory access arrangements. In addition the toilet provision does not allow for any access facilities for disabled users. It would appear that the access to the existing toilet facilities is through rear storage areas serving the existing bookshop facility. 4.2 The Department of Infrastructure Highways Division does not oppose the planning application. 4.3 The Department of Environment, Food and Agriculture have made a representation advising that the development must comply with the European Communities (Isle of Man) Act 1973 and associated Regulations Local Government (Miscellaneous Provisions) Act 1976. These relate to the provision of food safety and provision of toilet facilities. ## 5.0 Consultations 5.1 The Isle of Man Water \& Sewerage Authority was contacted requesting their views and comments on the planning application given that it is within a flood zone. WASA confirmed that the Authority has no concerns over the change of use, as the premises is already classified as a retail business and is considered low risk. The Authority would however require a comment attached to any approval informing the applicant that :- Under section 6 of the Sewerage Act 1999 there must be no discharges of any matter likely to injure the sewer or drain, to interfere with the free flow of its contents or to affect prejudicial the treatment and disposal of its contents. A grease/fat trap is recommended to be installed and maintained by the occupier/ owner to prevent any such waste entering the drainage system. No discharge of fat or other food waste, which will affect the performance of the public foul sewerage system, will be permitted to the foul sewer. It will be the responsibility of the developer/occupier of the premises to provide satisfactory means of disposal for such waste. #### 6.0 Assessment 6.1 The proposed additional use of St Paul's Bookshop as a coffee bar is considered to be a suitable ancillary use and would complement the existing use of the bookshop well. The proposed additional use of the existing bookshop would accord with the current land use designation for the area. It is considered that there would be no unacceptable impacts arising from the use of a coffee bar within the unit, and the proposal is judged to bring additional vitality, vibrancy and opportunities to Ramsey Town Centre along with St Paul's Bookshop. 6.2 In terms of the impact of the use on parking and highway safety in relation to a potential increase in visitors to the site, there is significant parking available within the immediate locality at St Paul's Square, Market Square, the quay and within the town Centre and directly behind the unit. 6.3 With regards to the representation made by Ramsey Town Commissioners, the proposal would provide adequate toilet facilities. As stated by the applicant's agent, the wc is large enough to be for disabled users and it is a building control requirement to provide such facilities. There are toilet facilities in the gift part of the shop also and as part of the building control submission the bookcases would be rearranged so that a direct access to the existing wc can be facilitated. #### 7.0 Recommendation 7.1 Overall it is concluded that the planning application is in accordance with General Policy 2 and Environment Policy 10 of the Isle of Man Strategic Plan 2007. 7.2 It is recommended that the planning application be permitted. 8.0 PARTY STATUS 8.1 The local authority, Ramsey Town Commissioners, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status. 8.2 It is considered that the following parties that made representations to the planning application should be afforded interested party status: Department of Environment, Food and Agriculture 8.3 The Highways Division is part of the Department of Infrastructure of which the planning authority is also part. As such, the Highways Division should not be afforded separate party status. 8.4 It is considered that the following parties that made representations to the planning application should be afforded interested party status: The Isle of Man Water & Sewerage Authority --- **Recommendation** **Recommended Decision:** Permitted **Date of Recommendation:** 24.06.2013 --- **Conditions and Notes for Approval / Reasons and Notes for Refusal** **C: Conditions for approval** **N: Notes attached to conditions** **R: Reasons for refusal** **O: Notes attached to refusals** --- ## **C 1.** The development hereby permitted shall commence before the expiration of four years from the date of this notice. ## **C 2.** The development hereby permitted shall not be carried out except in full accordance with the following plans Drawing No. 1120/PL01 received on 18th March 2013. ## **C 3.** The premises may be open only between 09.00hrs and 17.30hrs on any day. --- 24 June 2013 13/00343/C Page 4 of 5 I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005 Decision Made : Appoint Committee Meeting Date : Signed : M. McKee Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO --- *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/4182-lezayre-st-pauls-book/documents/1290104*