145891

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                                                 16/00819/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 16/00819/B Applicant : Mrs Joanne Lace Proposal : Installation of a canopy Site Address : 41 Michael Street Peel Isle of Man IM5 1HE

Case Officer : Mr Edmond Riley Photo Taken : 05.08.2016 Site Visit : 05.08.2016 Expected Decision Level : Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE

1.1 The application site is the curtilage of 41 Michael Street, which is a prominent building situated in Peel's Conservation Area to the west of the confluence of Michael Street to the south, Beach Street to the north and Atholl Place that extends to the east. The building, which is in use as a tearoom, has four large windows at ground floor in its principal elevation.

1.2 There is a raised area of paving, curved to sit within the highways, that sits slightly above the level of the metalled surface and is used for outdoor seating. This is bounded to the highway by five bollards and there are some planters in place here as well.

1.3 The surrounding area is commercial in nature.

2.0 THE PROPOSAL

2.1 Full planning approval is sought for the installation of a retractable canopy above the seating area: this would be affixed to the front of the building above the four principal windows and, at 4m in width, would be slightly wider than them. At its furthest extent, it would reach 2.1m outwards and downwards from the frontage: it would be 2.9m above ground level on the building frontage, and 2.2m above ground level at its lowest.

2.2 No further details are provided with regards the material of the canopy, but the manner in which it is shown would seem to indicate a roller attached to the building with a fabric canopy attached to it.

2.3 The canopy is not shown as extending over any of the adopted highway.

3.0 PLANNING HISTORY

3.1 The site has been through a number of changes of use during recent decades, with the tearoom being approved under PA 04/02444/B. Subsequent to this, approval was granted for the use of the patio area for seating under PA 05/01855/C, while alterations to provide a serving hatch (PA 06/00417/B), retain advertising signage (PA 06/01477/D) and add a flagpole within that patio area (PA 09/00586/B) were also approved.

4.0 THE DEVELOPMENT PLAN

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                                                 16/00819/B
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4.1 As well as sitting within the Peel Conservation Area, which is not accompanied by a Character Appraisal, the site is within a much wider area zoned as 'Mixed Use' in the Peel Local Plan.

4.2 It is worth noting the following Local Plan Policies:

"Within the Conservation Area, future alterations to the facades or shopfronts of retail premises will be closely controlled in order to avoid the further loss of original features which contribute significantly to the character of the old town."

"The redesign of shopfronts which have already been converted will be encouraged where appropriate in order to contribute sympathetically to the town's inherent character."

4.3 The Strategic Plan's General Policy 2 and Environment Policy 35 provide a steer on general development considerations and also outline that proposals for development in Conservation Areas should either 'preserve' or 'enhance' the character or appearance of that Area.

5.0 REPRESENTATIONS

5.1 Highway Services of the DoI indicated that the proposal had no highway implications on 18.08.2016.

6.0 ASSESSMENT

6.1 The Development Plan is consistent in its policies with regards commercial properties in the Peel Conservation Area, and, further, that proposals that add to the historic character are, in general, to be supported.

6.2 In this case, while the application is not especially well-detailed, it is considered that the intention of the applicant is appropriate to this very prominent - in many ways 'gateway' - building. The patio area, though well-maintained and well-used, looks a little 'lost' in amongst the buildings and highways even with the robust bollards giving clear separation between the private and public sphere. However, the provision of a canopy will help address this by giving added 'ownership' of the land to the building with which it is associated. It will also enable people to use the outdoor seating area in adverse weather conditions.

6.3 There are no other canopies in the area, but this is probably more to do with the narrowness of the highways than the unacceptability, per se, of such additions. The one proposed here is not dominating and, while the building is prominent, it is not in itself considered worthy of specific protection in terms of its appearance. Even when the canopy is fully extended it will not obscure particularly important features of the building in a satisfactory preservation of its appearance.

6.4 It is not considered to be of especial concern that no colour or material of the canopy has been defined given the view outlined above.

6.5 Such canopies can cause safety issues with respect to both pedestrians and vehicles. Generally speaking, a distance of 2.1m above the highway is sought: while the canopy proposed would not oversail the highway in any case, at its lowest point it would still sit 2.2m above that level, and so there is no appreciable highway safety concern in respect of the proposal.

6.6 Highway Services' statement that the proposal has no highway safety implications is not entirely understood as there are often comments made in respect of canopies affecting pedestrian safety, even where they do not oversail highways such as here, but their expressed opinion substantiates the assessment above.

7.0 RECOMMENDATION

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                                                 16/00819/B
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7.1 In view of the above, it is considered that the proposal would provide a welcome addition to an important building in both appearance and use terms. Accordingly, it is considered to be an enhancement to the character of the Conservation Area: moreover, there are no highway safety issues and nor would the canopy affect any other clear material consideration. Accordingly, it is recommended that the application be approved.

8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

o The applicant, or if there is one, the applicant's agent; o 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; o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case, Department of Infrastructure and o The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 23.08.2016

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.

The development hereby approved relates to Drawing JL/1/16, date-stamped as having been received 15th July 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

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Decision Made : Permitted

Date: 23.08.2016

Determining officer

Signed : S CORLETT Sarah Corlett

Senior Planning Officer

Customer note

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