Officer Planning Report Recommendation

Planning Report And Recommendations {{table:356296}} ### Considerations {{table:356293}} ### Written Representations {{table:356294}} ### Consultations {{table:356295}}

Officer's Report

THE APPLICATION SITE AND PROPOSED DEVELOPMENT

The application site comprises the curtilage of B&Q home improvement store, which is located in Spring Valley Industrial Estate.

The proposed development comprises the operation of a catering business from hot and cold food trailers located within the car park. Whilst the trailers are moveable they will be situated within the car park on essentially a permanent basis and therefore concluded to represent a material change of use.

Planning History

The application site has been the subject of a number of previous planning applications, one of which is considered specifically material to the assessment of this current planning application:

Planning application 08/00355/B sought planning approval for the operation of a catering business from the car parking of B&Q. This previous planning application was approved on the 5th June 2008.

Representations

Braddan Parish Commissioners have no objections to the planning application.

The Department of Infrastructure Highways Division do not oppose the planning application.

The Isle of Man Development Company Limited, who claim to be owners of the application site, object to the planning application. They question the accuracy of the planning application and state that whilst they do not object to the principle of a mobile catering unit on the site they have concerns over the safety of the seating arrangements.

Planning Policy

In terms of local plan policy, the application site is located within a wider area of land that is designated as predominantly industrial under the Braddan Parish District Local Plan.

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is 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:

• (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."

Assessment

The planning application seeks planning approval for the operation of a catering business from hot and cold food trailers located within the car park. Planning approval is sought retrospectively, previous case law has established that this should neither advantage not disadvantage consideration of the planning application.

The proposal is a revision of the planning approval granted through previous planning application 08/00355/B and changes the position of the catering units within the car park amended. This new position is understood to be proposed due to Health and Safety regulations, tenancy agreements and new rules requiring that the units have to be more than 15 metres from the building. The applicant has clarified that during the more clement seasons there are two units (one hot food and one ice cream) on site and that during the colder months it is only the hot food unit.

As highlighted by the applicant, the operation of the two units equates to the loss of 6 of the 297 car parking spaces at B\&Q. This level of loss was previously concluded to be acceptable through the approval of planning application 08/00355/B and the proposal does not change that situation. There remains more than adequate car parking provision for the store and the use should not cause undue harm to the safety of the public or private amenity. On this basis the proposal is considered to be acceptable and it 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:

Braddan Parish Commissioners; and The Isle of Man Development Company Limited (on basis they claim to be landowners, but any appeal request should possibly only be accepted subject to them proving ownership).

It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Department of Infrastructure Highways Division.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 12.01.2011 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals C 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.

C 2. This approval relates to the operation of mobile catering units selling hot and cold food and drinks as shown within the location plan and site plan date stamped the 15th November 2010.

I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer.

Decision Made : Permitted Date : Signed : Senior Planning Officer