Conversion of existing shop into a fish and chip shop
Site Address:
1 Bourne Place Ramsey Isle Of Man IM8 1JW
Case Officer:
Mr Jamie Leadbeater
Photo Taken:
13.03.2012
Site Visit:
13.03.2012
Expected Decision Level:
Officer Delegation
The Application Site
The application site is the curtilage of a two storey terraced property known as 1 Bourne Place in Ramsey town centre. The property was built before 1921 and is adjoined by two similar age retail units along its north-east facing boundary and a modern Georgian adaptation parade of retail units on its south-west facing boundary.
The application property has three floors and a pitched roof with two chimney stacks. It has distinctive hung bay window in Georgian style on the ground floor and two original Georgian style windows on both the first and second floor front elevations. The property has smooth render finish on the front elevation and pitched slate roof. A modern extension exists to the rear of the original part of the building which has three floors and a flat roof.
The property overlooks Parliament Square, a main retail area in Ramsey Town centre. Disc parking is available on surrounding streets for a 1 – 2 hour stay.
The Proposal
Proposed is the conversion of a retail unit into a fish & chip shop. The conversion will also entail the installation of a flue pipe on the rear extension which will rise above the surface of the flat roof by 900mm. The proposed hours of opening are as follows:
Sunday to Thursday 12 noon to 12 midnight;
Friday and Saturday 12 noon to 2am.
Planning History
The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.
Planning Policy
The application site falls within a parcel of land designated for Town Centre Mixed-Uses, and is located within the Ramsey Conservation Area, on the Ramsey Local Plan 1998 South Map. The accompanying written statement, Planning Circular 2/99, includes one planning policy that is considered specifically material to the assessment of this current planning application:
Policy R/TC/P1 Retail Uses states:
"There will be a general presumption in favour of retention of retail uses at ground floor level in the main shopping streets (Peel Street, Bourne Place, Market Hill, Market Place (west), Parliament Street (excluding Auckland Terrace), East Street, Parliament Square (East side)".
The Isle of Man Strategic Plan 2007 contains three policies that are 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:
(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;
(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".
Environment Policy 35 states:
"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development".
Transport Policy 7 states:
"The Department will require that in all new development, parking provision must be in accordance with the Department's current standards".
The current standards are set out in Appendix 7 on the Strategic plan. Paragraph A.7.6 does not explicitly refer to 'takeaways', which the proposed use can be defined as for planning purposes. However, it provides the following guidance for town centre shops which can be closely aligned to takeaways for parking assessment purposes:
"Space for service vehicle use".
Representations
Ramsey Commissioners do not object to the proposal but propose the hours of operation should be condition as follows:
Monday to Sunday 12 noon to 12 midnight.
The Highways Division recommends approval as the proposal has no adverse traffic management, parking or road safety implications.
The Isle of Man Police Constabulary has assessed the proposal in respect of the proposed Fish & Chip shop's opening times and its subsequent affect it may have on potential
crime and anti-social behaviour. Consequently, the Police Constabulary have recommended that the application be approved, but conditioned to allow trading within the premises for 'takeaway' purposes be limited as follows:
12.00hrs to 00.00hrs Sunday to Thursday;
12.00hrs to 02.00hrs Friday and Saturday.
The Police Constabulary's opinion is considered to be of fundamental importance to the planning of 'takeaway' premises as they are responsible for mitigating potential situations that derive from groups of people congregating in or around takeaways that result in detrimental impacts on the amenity of local residents. As such, their recommendation is considered to be a material relevance that will be accounted for in assessing this planning application.
Assessment
The proposed 'fish & chip shop' use does not fall within an established 'use class' in Schedule 4 of the Town and Country Planning (Permitted Development) Order 2005 and is therefore referred to as 'sui generis' (of its own kind) for the purposes of assessing the change of use element of this application. Consequently, it is considered the proposed use should be assessed on its merits in respect of the following, taking into account the property has most recently been used for retail purposes:
its impact on the use of adjacent units;
its contribution to the local economy;
its impact on public amenity;
its impact on the character of the character and neighbouring buildings; and,
its capacity to be delivered with suitable parking.
Having taken into account the Police Constabulary's acceptance that the proposed use can operate within partially the same opening times as the neighbouring retail units; it is not considered the proposed use will have an unacceptable impact on the general amenity of staff and customers of the neighbouring units.
Given there is currently only one Fish & Chip shop in Ramsey town centre, it is not considered the proposal will contribute to a over concentration of the same use in the town centre. Although it is accepted other properties within the town centre have 'takeaway' elements to their use; it is still considered the proposed use will contribute positively to the diversification of food outlet provision in the town centre and subsequently enhance the town centre's vitality and viability to the benefit of the local economy.
The application property is located within close proximity of associated late night drinking venues in Market Square and Parliament Square. As such, it is considered the application site would offer an appropriate strategic location to accommodate people seeking late night refreshment, and subsequently reduce the spread of town centre noise disturbances that could affect residents living within areas of the town centre. Taking into account the Police Constabulary's concerns, it would be necessary to limit the hours of trading to strike a balance between promoting business and service, and minimising town centre noise disturbance.
Whilst current parking guidelines do not explicitly provide requirements for a fish & chip shop, it is considered existing bus routes and disc parking provision within Ramsey town centre is sufficient to satisfy parking related needs for the proposed use. Furthermore, the Highways Division have not raised concerns the proposal with have an adverse impact on the function of the highway to the front of the premises.
The proposed installation of the flue pipe is located on the rear of the property, which overlooks the rear elevations of other nearby buildings. Subsequently, the development is not considered to be adverse to public visual amenity or the character of the Conservation Area. In addition, it is not considered the flue pipe would have a detrimental impact in the form of noise or air pollution as no residential units could be identified on site at first floor level above shops and offices within close proximity of the site.
Overall, the proposed change of use could be viewed as contrary to the provision of Policy R/TC/P1 in the Ramsey Local Plan 1998 which seeks to retain retail uses at ground floor level at Bourne Place. However, is not considered to have an adverse impact on the vitality and viability of retail growth in Ramsey Town Centre. The proposed level of external physical works is minimal and is not readily visible from public thoroughfares and as such would not adversely affect the character of the Conservation Area. On balance, whilst the proposal does not comply with local planning policy, it complies with more recently adopted General Policy 2 and Environment Policy 35 in the Isle of Man Strategic Plan 2007 and is therefore considered acceptable.
Recommendation
It is recommended that the planning application be approved.
Party Status
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
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.
The Isle of Man Police Constabulary is responsible for dealing with possible future public disturbances associated with the takeaway use of the application property and is therefore afforded party status.
It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommendation
Recommended Decision:
Permitted
Date of Recommendation:
10.04.2012
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
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 partly to the installation of a flue pipe to the rear elevation of the property known as 1 Bourne Place, shown in drawing no. SM12/273/1.
C 3. This approval relates to the change of use of the ground floor retail unit to a Fish & Chip shop and permits the use of the first floor for ancillary Fish & Chip shop goods preparation and the second floor for ancillary office use.
C 4. The Fish and Chip shop shall not operate between 00.00 hrs and 12.00 hrs Monday to Friday and between 02.00 hrs and 12.00 hrs on Saturday and Sunday. These restrictions on opening hours shall be applicable in every week of every year.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted Date : 12-4-12
Determining officer (delete as appropriate)
Signed : _________________________ Anthony Holmes Senior Planning Officer
Signed : _________________________ Michael Gallagher Director of Planning and Building Control
Signed :
R : Reasons for refusal
: 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. This approval relates partly to the installation of a flue pipe to the rear elevation of the property known as 1 Bourne Place, shown in drawing no. SM12/273/1.
C 3. This approval relates to the change of use of the ground floor retail unit to a Fish Chip shop, permits the use of the first floor for ancillary Fish Chip shop goods preparation at first floor level, and permits the second floor use for ancillary office use.
C 4. The Fish and Chip shop opening times shall be restricted to 12pm - 12am Sunday to Thursday inclusive, and 12pm - 2am Friday and Saturday. These opening times shall be applicable in every week of every year.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted Date : 11-4-12
Determining officer (delete as appropriate)
Signed : _________________________ Anthony Holmes Senior Planning Officer
Signed : _________________________ Michael Gallagher Director of Planning and Building Control
Signed : SooHaww Sarah Corlett Senior Planning Officer
Signed : _________________________ Jennifer Chance Development Control Manager
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