Officer Report

Application No.: 14/00377/B Applicant: Mr Karl Meier Proposal: Conversion of property from retail to a cafe / restaurant Site Address: 3 Collins Lane Ramsey Isle Of Man IM8 1AL Case Officer : Mr Chris Balmer Photo Taken: 05.04.2014 Site Visit: 05.04.2014 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The site represents the curtilage of 3 Collins Lane, Ramsey which is a two storey traditional property located along the western side of a pedestrian walkway know as Collins Lane which links West Quay and Parliament Street. The lane also serves as a pedestrian access for a number of other properties along Collins Lane (mainly rear access). Collins Lane has recently been upgraded as part of the Regeneration Schemes in Ramsey Town.

2.0 PROPOSAL - 2.1 The application seeks approval for the conversion of the property from retail to a cafe / restaurant. The opening hours proposed are 12pm through until 11pm every day.

3.0 PLANNING POLICY - 3.1 In terms of the current Development Plan, the application site is zoned as being 'Town Centre - Mixed use' under the Ramsey Local Plan Order 1998. The site is not within a Conservation Area. - 3.2 Due to the site location and the type of proposal, the following policies are relevant for consideration:- - 3.3 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."

3.4 Environmental 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." - 3.5 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:

• i) pollution of sea, surface water or groundwater;
• ii) emissions of airborne pollutants; and
• iii) vibration, odour, noise or light pollution."

4.0 PLANNING HISTORY 4.1 There are no previous planning applications which are considered relevant to the assessment and determination of this application.

5.0 REPRESENTATIONS - 5.1 Department of Infrastructure Highways Services have no objection. - 5.2 The Ramsey Town Commissioners have no objection but make the following observation:"the opening hours which are now stated as being 12 noon through to 23.00 every day should be set down as a condition if this is approved.' - 5.3 The owners/occupants of Glebe Cottage, Kirk Maughold comment on the application which can be summarised as; could be argued there are too many cafes in Ramsey however this is not a planning consideration and this seems an ideal spot.

6.0 ASSESSMENT - 6.1 The key issue to consider in the assessment of this planning application is the potential impact of the proposal on the residential amenities of nearby properties. The potential impact of the proposal on the residential amenities of nearby properties - 6.2 In relation to the potential impacts of nearby residential properties, these are potential properties above existing shops in the surrounding area. There are considered two main aspects which could cause concern, noise and smells produced by the cooking of hot food and person coming and going from the site and whether this would cause a significant nuisance/disturbance. - 6.3 It is difficult to ascertain if all or any of the upper floors of the nearby properties are used for residential purposes or used as office/retail/storage in connection with the ground floor retail units. No objection has been received from any of these properties and the extractor flue would be approximately 15+ metres from any of these properties. The applicant is content with a condition being attached that requires noise levels being no louder than 45dB from any neighbouring façade. In terms of odour the applicant has explained that given the modest size of the unit and the small cooking area this is unlikely to be much different from a residential property in terms of smells etc. The flue is being installed to comply with Environmental Health Legislation.

6.4 A concern may be caused by persons coming and going from the site, which due to potential residential properties in proximity may raise noise disturbance. There are a number of points to consider on this issue. Firstly, the site is designated as being within a 'Town Centre - mixed use' under the Ramsey Local Plan and not a predominately residential area. Accordingly, there needs to be an acceptance that there will be a greater level of disturbances due to retail/shops/offices being located within the same area, compared to a quiet residential cul-de-sac or housing estate. Second, the proposed café/restaurant would close before 2300hrs which is generally regarded as being appropriate and not during more anti-social hours. Thirdly, the site is within very close proximity to a number of facilities which operate during or later into the night or early mornings, these including bars and pubs and other restaurants along Parliament Street and West Quay. - 6.5 It is likely these existing uses are likely to cause more of a disturbance (person coming and going, taxis & antisocial behaviour etc) than the proposal; especially as this would be closed before pubs/clubs in the area are closed also. Overall, whilst the proposal will have an impact, as any use of the building would, it is considered for the reason indicated the proposed use would not significantly affect neighboring residential amenities within a town centre location such as to warrant a refusal.

7.0 RECOMMENDATION - 7.1 For these reasons the proposal is considered to comply with the relevant polices of the Strategic Plan and the Ramsey Local Plan and therefore recommended for an approval.

8.0 PARTY STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits. - 8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: The owners/occupants of Glebe Cottage, Kirk Maughold

Recommendation

Recommended Decision: Permitted

Date of Recommendation:

21.08.2014

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 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.

• C 2. No customers shall be served or remain in the building outside the following hours 1200hrs till 2300hrs. Reason: In the interests of public amenity.
• C 3. 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 amenity.

This approval relates to Drawings reference numbers 1 and 2 and flue technical details (email) received 26th March 2014 and 28th May 2014.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 22nd August 2014 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed : Jennifer Chance Jennifer Chance Head of Development Management