Officer Planning Report
Planning Report And Recommendations {{table:9853}} ### Considerations {{table:9850}} ### Written Representations None received at time of drafting report ### Consultations {{table:9851}} {{table:9852}}
Officer's Report
The Site
The application site is the curtilage of car parking spaces 20 and 21, Jack Frost Ltd, Springham Park, Braddan. The two car parking spaces are situated to the front of the unit which is used by Jack Frost Ltd.
The Proposal
The application seeks approval for the change of use of two parking spaces to allow the operation of a mobile catering unit.
Planning History
The previous planning applications are not considered to be specifically material in the assessment of the current application.
Development Plan Policies
The application site is in an area zoned as "Predominantly Industrial Use" identified on the Braddan Local Plan 1991. The Braddan Plan Written Statement contains policies at Paragraph 2.4 which mentions that no retail development will be permitted with the exception of retail provision to serve the local neighbourhood requirements.
Consultations
Braddan Commissioners have not commented
Highways Division do not oppose as it has no adverse traffic management, parking or road safety implications.
Assessment
The policy set out in the Braddan Local Plan aims to protect industrial land, but also existing retail areas. In this instance the application is for the retailing of hot and cold food from a mobile catering unit.
The established retail areas would not be adversely affected; neither will it have an adverse impact on industrial land.
The loss of two parking spaces would not adversely affect the existing car parking provision. The applicant has indicated that there is overflow car parking which would compensate for the loss of two existing parking spaces.
For the above reasons the application is considered to be acceptable and is recommended for approval.
Party Status
The local authority, Braddan Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered an "interested person" and as such should be afforded 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: 08.08.2011
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.
This permission relates to the Change of use of two parking spaces to allow the operation of a catering unit (Retrospective) as shown in drawings HLK/11/0201/1, HLK/11/0201/2 and HLK/11/0201/3 received 1st July 2011.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager.
Decision Made: Permitted Date: 11/8/11
Signed: Michael Gallagher Director of Planning and Building Control Delete as appropriate
Signed: Jannice Jennifer Chance Development Control Manager
