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Application No.: 15/00042/B Applicant: Mr Vladimir Stefanov Proposal: Conversion of shop into a takeaway Site Address: 3 Bourne Place Ramsey Isle of Man IM8 1JW Case Officer : Mr Chris Balmer Photo Taken: 28.01.2015 Site Visit: 28.01.2015 Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site is 3 Bourne Place, Ramsey, which forms part of a row of two- and three-storey terraced properties located on the eastern side of Bourne Place and south of Market Hill. The ground floor of number 3 is currently vacant. The most recent use of these vacant areas was retail. - 1.2 The application building has two floors and a pitched roof with a chimney stack at its south-western elevation where the building adjoins an adjacent unit that has a Dutch façade at its second floor. - 1.3 It overlooks Parliament Square, part of the main retail area in Ramsey Town centre and which has recently seen some major physical regeneration works.
2.0 THE PROPOSAL - 2.1 The application seeks approval for conversion of shop into a takeaway, namely a pizzeria. The shop is proposed to operate from Sunday - Thursday 12 noon to 11pm and Friday - Saturday 12 noon to midnight. - 2.2 The external changes proposed amount to the installation of a galvanised steel flue, which would be fixed in the rear wall of the property which would serve the small electric grill. The proposal indicates a pizza oven would also be installed, although this would utilise the existing chimney stack.
3.0 PLANNING HISTORY - 3.1 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. However, the adjacent circumstances are worth considering. Firstly, approval was granted for the aforementioned takeaway use at 1 Bourne Place in 2012 under PA 12/00281.
4.0 PLANNING POLICY - 4.1 The application site falls within a parcel of land designated for Town Centre MixedUses, 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
4.3 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". - 4.4 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".
5.0 REPRESENTATIONS - 5.1 The Highways Services do not oppose the planning application (received on 28.01.2015). - 5.2 Ramsey Town Commissioners (received on 23.02.15) have no objection, made the following observation: "The Applicant has supplied details of opening hours for the proposed take-away, the hours being 5.00 pm to 11.00 pm, Sunday to Thursday and 5.00 pm to midnight on a Friday and Saturday. should this application be approved, the Commissioner recommended the inclusion of the above information as a Condition of any such approval." - 5.3 The Architectural Liaison Office makes the following comments (received on 30.01.2015): "I have examined the documentation submitted in relation to the said application and it is noted that the proposed hours when the takeaway facility will operate will be:
Sunday - Thursday 5pm to 23.00 hrs Friday - Saturday 5pm to Midnight
Historically, the hours of such premises have not been controlled and as a result, they can (and in many cases do) remain open well into the early hours of the morning. Research has shown that late-night takeaway type premises act as 'honey-pots' in that they can cause persons to remain in an area for an inordinate period of time, thus delaying the dispersal of such persons and concomitantly increasing opportunities for (and ergo the likelihood of) criminal or anti-social behaviour to occur.
It should be remembered that Parliament Street, Market Hill and St Pauls are also residential environments. Consideration must be given to the disturbance, noise and nuisance caused to local residents.
I would therefore strongly recommend that the trading hours are controlled (similarly to other takeaways located throughout the Island) and request that a time condition be placed upon any approval granted in respect of the said application. To the effect that:
The Takeaway premises may only operate between Sunday - Thursday 5pm - 23.00hrs Friday - Saturday 5pm - Midnight"
6.0 ASSESSMENT / RECOMMENDATION - 6.1 The primary matters for assessment in respect of the proposed change of use are: (i) the effect on private and public amenity, and (ii) the effect on the conservation area. - 6.2 Reflecting on the Ramsey Local Policy first, which is considered fundamental to the proposal, there is a general presumption of retaining shop uses at ground floor level in this location. It is noted that the shop unit proposed for the change of use, is currently empty and has been for a number of years. It is also noted that 1 Bourne Place which was a fish and chip shop has now relocated and therefore Nr 1 is now empty. The background behind the policy (as made clear in its supporting text) is as much about protecting the vibrancy and viability of Ramsey town centre as it is about restricting office uses. Although the supporting text does not make reference to takeaways, it is not considered that the proposal, which on a strict reading would be in conflict with Ramsey Local Plan Policy R/TC/P1, is not considered to conflict with the purpose of the Policy and, as such, no objection on this is raised. - 6.3 Turning, then, to Environment Policy 35, the central issue is the extent to which the proposal preserves or enhances the appearance or character of the conservation area. The flue to the rear elevation is not apparent from Parliament Street (i.e. Conservation Area) only from certain aspects to the rear of the site which is already made up of flues, air conditioning units, bin storage and car park etc. As no major external alterations are proposed which would affect the Conservation Area, it is considered the proposal would comply with Environment Policy 35. - 6.4 In respect of private amenity, the main issues are noise and smell form the fumes of the rear flue, namely to the properties to the south east of the site Nr 1 College Street. No objections have been received from the occupants of this property. - 6.5 A standard condition for similar approvals is the requirement that that noise levels do not exceed 45 decibels in volume LAeq 5 minute when measured at the façade of neighbouring residential properties. The applicant's flue installer has confirmed that this is achievable. The submission includes a silencer to reduce noise levels. In terms of smell, the installer of the flue has indicated that a Jet Cowl' would be installed at the top of the flue, which essential pushes the fumes upwards up to 10 metres. The installer also indicated that: "the equipment that is in these premises, is the smallest I have ever supplied, they are not deep fryers, just table top, and the griddle is only 3kw, that's like a kettle element." - 6.6 Given these reasons it is considered the proposal would not have a significant or adverse impact upon neighbouring amenities to warrant a refusal.
7.1 Overall, it is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007) and the Ramsey Local Plan, and for the reasons set out in this report, it is recommended that the application be approved.
8.0 INTERESTED PERSON 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, the Architectural Liaison Office and the Local Authority in whose district the land the subject of the application sits.
Recommendation Recommended Decision: Permitted Date of Recommendation:
11.03.2015
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
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.
This approval relates to drawings reference number 5/2481/1 and Extractor details received on 15th and 16th January 2015.
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 : 13.03.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed : Michael Gallagher Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management
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