**Document:** Planning Report and Recommendations
**Application:** 09/00295/B — Conversion from commercial use to a cafe
**Decision:** Permitted
**Decision Date:** 2009-04-17
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/62354-lezayre-shop-on-corner-conversion/documents/1370131

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# Planning Report and Recommendations

## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export]

### Officer's Report

#### The Application Site And Planning Application

The application site comprises a commercial unit that is located on Christian Street in Ramsey.

The planning application seeks approval for works associated to the conversion and use of the property as a café.

#### Planning History

Whilst the application site has been the subject of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.

#### Representations

Ramsey Town Commissioners have no objection to the planning application.

The Department of Transport Highways Division do not oppose the planning application.

The Department of Local Government and the Environment’s Environmental Health Officer highlights the various applicable food hygiene legislation.

The owner of Barista Coffee House, which is located at 80 Parliament Street in Ramsey, objects to the planning application. The grounds for their objection can be summarised as concern that there are already enough cafés within Ramsey. They also question the justification submitted with the planning application.

The owner of The Ramsey Trawlerman, which is located at 84-86 Parliament Street in Ramsey, objects to the planning application. The grounds for their objection can be summarised as concern regarding potential parking problems arising from traffic generation. They also highlight potential health and safety concerns with the proposal.

The owner of Gophers Coffee Shop, which is located on the quay in Ramsey, objects to the planning application. The grounds for their objection can be summarised as concern that there are already enough cafés within Ramsey.

## PLANNING POLICY

In terms of land use planning the application site is located within a wider area of land that is designated as mixed use (town centre) under the Ramsey Local Plan Order 1998. There are no policies within Planning Circular 2/99, the written statement that accompanies the local plan, considered specifically material to the assessment of this current planning application.

In terms of strategic plan policy, although the Isle of Man Strategic Plan contains policies identifying general planning considerations that are applicable to the assessment of a planning application it is considered that there are no specific policies within the plan that are material to the assessment of this current planning application.

## ASSESSMENT

The planning application seeks approval for works associated to the conversion and use of the property as a café.

Given the location of the application site within the established town centre it is concluded that the proposed use accords with the overall acceptable uses of the area. The number of existing food and drink outlets within Ramsey is not a material planning consideration and those representations that make reference to such matter are concluded to be objections make on the basis of commercial competition. It is not accepted that a proposal of the scale put forward by the planning application would generate additional car parking that would cause demonstrable harm within the area. Overall, in terms of planning the proposed use is considered to be relatively unobjectionable. The proposed external alterations to the building are relatively minor and unobjectionable.

It is recommended that the planning application be approved. Whilst the applicant may have no desire to open in the late evening or early morning it must be borne in mind that planning approval would go with the property rather than applicant. It is therefore considered appropriate to impose a condition controlling the operating hours of the café in order to limit the possible creation of so called "honey pot" attractions late at night.

## PARTY STATUS

It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:

Ramsey Town Commissioners; and The Department of Transport Highways Division.

It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

The Department of Local Government and the Environment's Environmental Health Officer; The owner of Barista Coffee House; The owner of The Ramsey Trawlerman; and The owner of Gophers Coffee Shop.

Recommendation

Recommended Decision: Permitted

7 April 2009 09/00295/B Page 2 of 3

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## Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval

### N : Notes attached to conditions

### R : Reasons for refusal

### 0 : Notes attached to refusals

### C 1.

The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.

### C 2.

This approval relates to the location plan, and plans and elevations drawing date stamped the 20th February 2009.

### C 3.

The sale of food for consumption on or off the premises shall only occur between the hours of 08:00 and 22:00 on any day of the week.

### N 1.

The applicant is advised that the proposed premises must, comply with the requirements of the Food Act 1996 (and associated Regulations), the Health and Safety as Work etc Act 1974, and that in accordance with the Food Hygiene Regulations 2007, the premises must be registered with the Department, at least 28 days prior to opening. It is recommended that the applicant contact the Food Safety Unit on 685894 for further advice.

I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted
Date :
16/4/9

Signed :
Senior Planning Officer

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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/62354-lezayre-shop-on-corner-conversion/documents/1370131*
