115014

==== PAGE 1 ====

                                      19/01223/B                                     Page  1  of  5

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/01223/B Applicant : Mr Thomas & Mrs Karen Kirby Proposal : Conversion from office to restaurant (Class 3) and a self- contained residential unit (alterations to approved PA 19/00690/B) Site Address : Harbour Mews Off Parliament Square Castletown Isle Of Man IM9 1LA

Principal Planner: Miss S E Corlett Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 02.01.2020 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

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. The outdoor courtyard area may not be used for the consumption of food and drink after 2200hrs or before 0800hrs in any day.

Reason: to safeguard the impact on the living conditions of those in adjacent dwellings.

C 3. Prior to the undertaking of the lime wash on the western elevation, a sample panel of 1m square should be so treated and must be approved by the Department before any other lime washing is undertaken and the remainder of the work undertaken in accordance with the approved sample panel and retained as such thereafter.

Reason: to ensure that the works are appropriate for the Conservation Area in which the property sits.

Plans/Drawings/Information;

This decision relates to drawings 1, 2K, 3, 4, 5A and 6A all received on 4th November, 2019.

==== PAGE 2 ====

                                      19/01223/B                                     Page  2  of  5

__

Interested Person Status - Additional Persons

None __

Officer’s Report

THE SITE 1.1 The site is the curtilage of an existing building which sits immediately behind Derby House, the former Police Station, Ellan Vannin, Packet House and 1 and 2, Quay Lane in the centre of Castletown. The building is attached to Ellan Vannin and 1, Parliament Square. All the buildings referred to above are Registered but the application property is not. All are within the town's Conservation Area, including the application site.

1.2 The building is a three storey stone faced building which sits almost 4m from the rear of Derby House with a narrow access between the two buildings and in front of 1, Parliament Square which accommodates vehicular access although there is no facility to turn a vehicle within the site. There are currently gates which are positioned at the corner of the rear of Derby House and the front of 1, Parliament Square.

1.3 The building is currently used as offices although planning approval was granted for conversion to a dwelling but this was not implemented. Work is underway to convert the building into a restaurant approved under 19/00690/B.

THE PROPOSAL 2.1 Proposed is the conversion of the building to a restaurant, largely as approved previously but with the relocation of an external door, the lime washing of the courtyard elevation and the change of hours of operation. The originally proposed changes are also listed below, for completeness athough permission is not required for this work if the original approval was implemented.

2.2 The new doorway will be formed where there is currently a window, the door matching others in this elevation.

2.3 The lime wash will be over re-pointed stonework. This should be conditioned so that a sample of the work is approved before the facade is treated: too heavy a hand in the finishing could end up with it looking as if it is rendered which would be unacceptable. The applicant advises that this elevation has been the subject of historical reconstruction in parts and the lime wash is intended to retain the natural pointed stone contours.

2.4 It is proposed that the new hours of operation are to be unrestricted as, whilst it is not intended that customers will be served food generally after 2200hrs, there may be occasions when they are and for other times outwith the previously proposed hours of 1200-1430hrs and 1800-2200hrs when the premises is to be open. They would be happy to accept a condition regarding the serving of food or drink in the courtyard outside the building, beyond 2200hrs. They refer to Compton Vaults, Leonardo's, The Garrison, The Glue Pot, George Hotel and Union public houses as well as Secret Pizza which appear to have unrestricted opening hours (in fact, the Secret Pizza is subject to restrictions on opening times of 0700hrs to 0000hrs daily plus 0000hrs to 0100hrs on 1st January - 18/01061/B).

2.5 They also refer to the fact that they own the surrounding buildings Derby House, Ellan Vannin, Packet House, 3 and 4, Parliament Square, Harbour House, The Quay and The Granary.

==== PAGE 3 ====

                                      19/01223/B                                     Page  3  of  5

PLANNING POLICY 3.1 The site lies within an area of Mixed Use on the Area Plan for the South adopted in 2013 and also within Castletown's Conservation Area. This allows a range of uses to be undertaken - residential, offices, retail, tourism with a preference for the retention of retail uses on the ground floors (Mixed use Proposal 1) with office uses being acceptable on upper floors although there will be a presumption in favour of retaining any existing residential uses on these floors (Mixed Use Proposal 5). Whilst the consumption of food on the premises (Class 3) is a separate use class from shops (Class 1), both are acceptable uses within the wider definition of "retail" as can be seen by the many restaurants and cafes within the Mixed Use areas of Castletown and the other towns and villages in the Island.

3.2 The Strategic Plan contains advice on the provision of adequate car parking (Transport Policy 7) and in the case of residential property there should be 2 parking spaces for a unit with 2 bedrooms or more and in the case of shops (there is nothing specified for cafes or restaurants) the requirement is spaces for staff, customers and service vehicles.

3.3 However, the SP states: "These standards may be relaxed where development:

(a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or (b) would result in the preservation of a sensitive streetscape; or (c) is otherwise of benefit to the character of a Conservation Area. (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality."

3.4 It is also acknowledged that in Appendix 7 that:

"A.7.4 Most shopping facilities in established centres do not have on site parking provided due to the intensive form of development and their location off the main highway, often in pedestrianised streets (Peel, Castletown, Douglas and Ramsey in particular). In most of these cases, provision is made for servicing outside trading hours from relaxation of the access regulations and the use of de-mountable bollards and rear access lanes. It is impracticable to require on site car parking for either staff or customers in such locations although it must be feasible for retail developments to be serviced. It is equally essential that there are available sufficient areas of public car parking either in car parks or on street, and that adequate controls are in place for these spaces to be available to those who need them."

3.5 Environment Policy 35 is relevant: "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."

3.6 The proximity of Registered Buildings is also relevant in respect of Strategic Policy 4:

"Proposals for development must:

(a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest; (c) not cause or lead to unacceptable environmental pollution or disturbance.

3.7 Finally, development which is in accordance with the land use designation should conform to the requirements of General Policy 2 as follows:

(c) does not affect adversely the character of the surrounding landscape or townscape;

==== PAGE 4 ====

                                      19/01223/B                                     Page  4  of  5

(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 and (m) takes account of community and personal safety and security in the design of buildings and the spaces around them."

PLANNING HISTORY 4.1 Planning approval was recently granted for the conversion of the building from offices to residential (16/00306/B) and for the conversion to a restaurant under 19/00690/B.

REPRESENTATIONS 5.1 Castletown Town Commissioners have not commented.

5.2 Highway Services have no objection (29.11.19).

ASSESSMENT 6.1 The issues in this case are whether the proposed de-restriction of opening hours would have any adverse impact on the living conditions of those in adjacent residential property, whether there would be any adverse impact on the character and appearance of the Conservation Area and those of adjacent Registered Buildings from the limewashing and relocation of the door.

Impact of living conditions of nearby residents 6.2 There are residential properties close to the site which could be affected by the additional comings and goings associated with a restaurant use compared with residential (likely to be fewer movements) or offices (likely to be movements during the day). However, the site lies firmly within the town centre where there are, in close proximity, other businesses which operated into the evenings and at weekends and also close to public parking areas where vehicles are able to come and go at any time of the day or night. As such, there is a reasonable expectation for people living in a town centre that there will be activity outside of the usual working day. The addition of a new eating establishment will add to the range of attractions and amenities of the town which will help to maintain a vibrant town centre in accordance with the relevant planning policies. It is relevant that there is only one window in the rear of the building which will serve the restaurant and that the walls of the property are thick stone which will help mitigate any noise travelling towards the residential properties to the east. It is also relevant that at the current time, Ellan Vannin, Derby House and Packet House are all owned by the applicant and whilst these properties could be sold in the future, those interested in purchasing any of these properties would be aware that the application site could be or is being used for the proposed purpose. For these reasons, it is not considered necessary to restrict the opening hours of the premises and as noted by the applicant, there are other premises very close by which are not so restricted by the planning system although there remains some control through the Licencing Court.

Impact on the Conservation Area and adjacent Registered Buildings 6.2 The building is not particularly prominent as it is tucked behind Derby House but in any case what is proposed will not have a harmful impact on the CA due to the limited external changes to the building. The creation of a secluded outdoor eating area will be something that adds to the vibrancy of the town which will enhance the CA. The relatively minor changes to the building and the fact that the building will be used and maintained will help with the setting and character of the nearby RBs and the proposal is not considered to have an adverse impact on them. The limewashing of the front elevation will have an impact although the adjoining

==== PAGE 5 ====

                                      19/01223/B                                     Page  5  of  5

building is smooth rendered and painted white so the whitewashed stone work will form an acceptable transition between the painted render and the exposed stone.

6.3 The relocated door will have minimal impact on the appearance of the property.

CONCLUSION 7.1 The proposal is considered to accord with the relevant SP and AP policies and is supported. It is considered appropriate to attach a condition which controls the hours of operation of serving food and drink in the courtyard, in accordance with those stated in the planning application, given the proximity to residential property.

INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

__

I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 02.01.2020

Determining officer

Signed : J CHANCE

Jennifer Chance

Director of Planning and Building Control

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.