**Document:** Officer Planning Report 08/00136/B **Application:** 08/00136/B — Erection of a smoking shelter **Decision:** Permitted **Decision Date:** 2008-03-28 **Parish:** Lezayre **Document Type:** report / officer_report **Source:** https://planningportal.im/a/84603-lezayre-royal-george-hotel-10-smoking-shelter/documents/1520573 --- # Officer Planning Report 08/00136/B **Application No.:** ** 08/00136/B ** **Applicant:** ** Heron & Brearley Limited ** **Proposal:** ** Erection of a smoking shelter ** **Site Address:** ** - Royal George Hotel - 10 - 12 Market Place East - Ramsey - Isle Of Man - IMB 1JY ### Considerations **Case Officer:** Mr Chris Balmer ** **Photo Taken:** ** ______________________ ** **Site Visit:** ** ______________________ ** **Expected Decision Level:** ** Delegated Decision Senior DC Officer ### Written Representations ### Consultations **Consultee:** Highways Division **Notes:** **Consultee:** Clerk To The Commissioners **Notes:** Object ### Officer's Report #### Site The site represents the curtilage of the Royal George Hotel 10-12 Market Place, Ramsey, which is large attached property located on the eastern side of Market Place. #### Land Use Zoning The site has been zoned under the Ramsey Local Plan as being within an area of "Mixed Use" use; the site is within a Conservation Area. #### Planning History There are no previous planning applications which are considered relevant in the assessment and determination of this application. #### Proposal The application proposes the erection of a smoking shelter to the rear of the property. 7 March 2008 ## Representations Ramsey Commissioners have objected on the following grounds:- It is considered that this proposed smoking shelter is in a inappropriate location being at the rear of the public house with poor lighting provision. Concern has also been expressed that the location of the shelter may not comply with the provisions of the new Legislation in terms of its location adjacent to public access to the building and immediately adjacent to the cellar access. We have received no privately written representations objecting to the application. ### Assessment / recommendation The proposed sheltered located in the rear yard area, is in essence an infill development and will not be visible from any public highway, therefore would not have any impact upon the Conservation Area. Additionally, due to the siting, design and size, the proposal will have no adverse impact upon any of the neighbouring properties. Regarding the concerns of the Commissioners, the Authority does not consider it is an inappropriate location, and is in fact probably the only location for the shelter. Regarding the possible poor lighting that would be a matter the applicant would need to consider, however, if this where a problem it could easy be overcome with the installation of a light. The concerns that the proposal might not comply with the provisions of the new legislation, it is not for the Planning Authority to decide whether it is complying with the new legislation, or not, the legislation is enforced by the Department of Environment, Safety and Health. For these reasons the proposal would be appropriate in this location and therefore my recommendation is for an approval. ### Party Status I consider that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: Highways Division Ramsey Commissioners ### Recommendation Recommended Decision: Permitted Date of Recommendation: 07.03.2008 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals 7 March 2008 C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This approval relates to the shelter as proposed in the submitted documents and drawing SM07/140/1 all received on 25th January I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer) Decision Made : Permitted Date : Signed : Mrs F Mullen Senior Planning Officer --- *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/84603-lezayre-royal-george-hotel-10-smoking-shelter/documents/1520573*