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Application No.: 16/01230/C Applicant: Richard Juan Quayle & Lisa Dawn Quayle Proposal: Change of use of ground floor residential accommodation in to tea rooms. Site Address: P J Cottage Main Road Kirk Michael Isle of Man IM6 1AB Case Officer : Miss Lucy Kinrade Photo Taken: 08.12.2017 Site Visit: 08.12.2017 Expected Decision Level: Officer Delegation
1.0 THE SITE - 1.1 The application site known as PJ Cottage is an end terrace, two storey property with a traditional Manx vernacular style which fronts directly on to the Main Road, Kirk Michael. On the adjacent end of the terrace sits the local Kirk Michael convenience store and along the same stretch of road also sits the local post office, pharmacy and a car sales garage. Within the nearby area is also the local public house, Kirk Michael Primary School and the local butchers. - 1.2 PJ Cottage was originally two properties but in the past has been conjoined into one property. The merging of 2 properties into 1 is something which can be carried out under Permitted Development Order 2012. Although now seen as 1 property there is still distinct elements which separate the two. The unit on the end of the terrace, Unit 1, has been altered in the past to create a predominantly glazed shop window and front entrance at ground floor level with 2 smaller windows above, whereas the other unit, Unit 2, which sits middle of the terrace has retained its small window and front door at ground floor level and 2 windows above. - 1.3 The existing ground floor of Unit 1 is currently used as a shop for the retail sale and display of goods, prior to this it was used as a hairdressers. There is an existing store and toilet to the back of the unit within the rear outlet which also links to single garage which connects to the rear lane. This shop is run by the applicants. - 1.4 The ground floor of Unit 2 is arranged as a residential unit with a lounge and dining room at the front of the property and a kitchen at the back within a rear outlet. The two units are connected through an arch in the dividing wall and three internal steps as Unit 1 sits at a slightly lower level than Unit 2. - 1.5 The first floor of both properties has similarly been connected and comprises 4 bedrooms and a bathroom. The first floor of PJ Cottage can only be accessed via the staircase within Unit 2. - 1.6 At the rear of the property there is a modest sized walled garden area with the single garage running along the northern boundary and opening on to the rear lane.
2.0 THE PROPOSAL - 2.1 The current planning application seeks to change the use of the ground floor within Unit 2 from residential use into a tea rooms. The tea rooms will be access through the adjoining shop in Unit 1.
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2.2 The proposed opening hours are 10am-4pm which is just less that the adjoining shop which is 9am-5pm. The type of food proposed to be served at the tearooms is tea, coffee, soft drinks, sandwiches, toast, cake, biscuits. The proposal does not include fried food. - 2.3 There are no alterations proposed for the property other than its change of use. - 2.4 The application is running simultaneously to another application for the change of use of the upstairs residential accommodation of PJ Cottage into office space, this is running under PA 16/01231/C.
3.0 PLANNING HISTORY - 3.1 The application site has been subject to a number of previous planning applications:
3.2 In the cases for refusals the prominent issues were the impact on traffic and the concern of associated take away smells and noises impacting the neighbours.
4.0 PLANNING POLICY - 4.1 The application site lies within an area designated on the Kirk Michael Local Plan 1994 as predominantly residential and retail use. There are a number of policies within the Isle of Man Strategic Plan 2016 which may be considered relevant in the assessment of this application: - 4.2 General Policy 2: 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:
4.3 Environment Policy 22 "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
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"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."
4.5 Business Policy 1 "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan." - 4.6 In addition to the above policies, there are also a number of policies within the Kirk Michael Written Statement 1994 that can be also be considered relevant in the assessment of the current application: - 4.7 Policy 2.4 "It is felt that limited scope for additional retail development exists and that where this is proposed, it should preferably be by conversion of existing properties." - 4.8 Policy 2.5 "Where existing commercial or retail businesses require areas to expand or to incorporate adjacent buildings in the village centre, then change of use for such purposes will be permitted." - 4.9 Policy 7.6 "The present minimum standard of 1 space per 50 square metres nett will continue to be applied where possible this will be accommodated on site although the provision of any shortfall on sites where this is not possible should be accommodated within a reasonable distance. Discretion as to the application of these standards will however be exercised if an otherwise acceptable proposal is to be prejudiced, for example -
5.0 REPRESENTATIONS - 5.1 Michael Commissioners requested on 8/11/2016 that the application be deferred until after their next meeting. - 5.2 Department of Infrastructure have indicated that they do not oppose the application (01/12/2016) and have commented with the following:
"The proposal is to use the ground floor of a residential dwelling as a tea room with access via an adjacent premises. The upper floor is to be used as offices under a separate planning application. The tea room will have a different traffic and parking profile from the residential use. There will be additional deliveries and increased foot traffic, there will be an increase in short term parking requirement during the day but a decrease in overnight parking requirement. There is on-road parking and loading available at the front of the building, the village centre location encourages use of centralised car parking and walking to the tea room. There is rear lane vehicular access. The use as a tea room is not likely to cause a traffic management issue. Highway Services does not oppose this application."
6.0 ASSESMENT - 6.1 The current planning application seeks to expand into and convert the existing residential ground floor of PJ Cottage to a tearoom adjacent to the existing shop, the re-use of existing buildings for retail or commercial business in this manner is supported by policies 2.4 and 2.5 of the Kirk Michael Local Plan 1994. - 6.2 The proposal seeks to operate a tearoom business from an existing building, there are no changes proposed for the building other than its use, as such there are to be no impacts on the designated Conservation Area of Kirk Michael in accordance with EP35.
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6.3 Kirk Michael is a small village which forms along both sides of the Main Road which runs directly through it. This road is heavily trafficked and utilised as a main route between the north and south of the island. There are areas of parking designated along one side of the road, these are time zoned and limit parking times for visitors. It is expected that those who are visiting the local village and wish to spend time looking in the shop and visiting the tea room are likely to park in the local car park and walk. Policy 7.6 of the Kirk Michael Local Plan 1994 states that there should be a provision of 1 parking space per 50 sq m of nett space and that this should be provided on site or within a reasonable distance, it is considered that the local village car park is within reasonable walking distance of PJ Cottage. - 6.4 The parking bays which line the Main Road outside of the proposed tearoom are expected to be primarily utilised by short term callers visiting the adjacent convenience store or by delivery or loading vehicles. The proposed opening hours of the tearooms are to be 10am-4pm and to similarly match those of the adjoining shop, the demand for on road parking and parking in the local car park will generally be during daytime hours, and there will be little demand for parking for the tearooms during night time hours. - 6.5 It is not expected that the proposed tearooms will generate any additional impacts on parking or highways above what is already in existence. In terms of highway provision and safety there is to be no expected impacts on neighbouring residential properties. - 6.6 In terms of the general use of the proposed tearoom the applicants have advised that the business will serve tea, coffee, soft drinks, sandwiches, toast, cakes and biscuits and there will be no serving or production of fried foods. Given the location of the proposal within an area of both residential and commercial properties we have to consider the impact of the tearooms on the amenities of all neighbours and whether it would generate a level of unacceptable harm. - 6.7 Over the years there have been a number of applications for takeaway food premises' which have been refused. In the case of most, the applications were refused on the basis that their proposal use would negatively impact highway traffic and that the noises and smells associated with a take away would impact the amenities of the neighbours. It must also be minded that the general opening hours of a take away tend to be longer and later which results in greater frequency of night time customers. - 6.8 In the case of this application the proposal for a tearoom results in little impact on the highway in comparison to a takeaway as the customer tends to stay for longer periods of time. Similarly the products which are to be sold within the proposed tearoom do not involve or include the extraction of odours associated to fried foods. In terms of noise levels generated within the tearoom, it could be considered that these should be no greater than the general use of a kitchen within the average home, although in this instance these noises could be constant throughout a longer period of the daytime but absent throughout night time hours thus having little impact on surrounding residential properties. - 6.9 Of late there has been a number of notable and welcomed regeneration works happening in Kirk Michael and within the Conservation Area which has seen a number of commercial businesses upgrade and develop their services. These improvements appear to have positively impacted Kirk Michael, and given the current application the developments appear to have spurred on an onset of business growth and opportunity. - 6.10 Overall it is considered that the proposal meets the standards as set out in General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2016 and that the current proposal will not adversely impact the amenities of the neighbours or the character of the designated Conservation Area. The proposed tearoom is not expected to impact the local highways or adversely impact highway safety and is considered acceptable.
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7.0 RECOMMENDATION - 7.1 The application is recommended for approval.
8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
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: 09.02.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
N 1. Prior to the commencement of any works the applicant is advised to consult the Chief Fire Officer to ensure that adequate fire precautions are taken.
This approval relates to the photograph, supporting statement and existing floor plans date stamped and received 2nd November 2016 and proposed ground floor plan only date stamped and received 2nd November 2016.
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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.
Decision Made : Permitted Date: 10.02.2017 Determining officer
Signed : C BALMER Chris Balmer Senior Planning Officer
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