Loading document...
==== PAGE 1 ====
16/01289/C
Page 1 of 3
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/01289/C Applicant : Share The Care Limited Proposal : Change of use from an Estate Agents office to retail outlet Site Address : The Corner House (Formerly Looneys) 2 Michael Street Peel Isle Of Man IM5 1HA
Case Officer : Miss S E Corlett Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Officer’s Report
THE SITE 1.1 The site is the curtilage of 2, Michael Street, a shop unit within an existing multi storey building situated on the corner of Michael Street and Douglas Street. The premises are currently used as an estate agency.
1.2 The site, like most properties in Michael Street, has no parking. Vehicular traffic up Michael Street is limited to certain times and on-street parking in the vicinity is time limited by disc (2 hours).
THE PROPOSAL 2.1 Proposed is the change of use of the ground floor from an estate agency to a shop. The applicant indicates that the shop would sell second hand and donated goods and the opening hours would be 10000hrs to 1600hrs. They are relocating from 7, Michael Street which has poorer accessibility to the sales area.
2.2 Estate agencies fall within Class 2 - which includes financial and professional services -
(a) financial services (including the services of a bank, building society or insurance broker); (b) professional services (other than health or medical services), including estate agency, but excluding legal or architectural services; (c) a betting office; (d) a booking office for a driving school; or (e) a job centre,
where the services are provided principally to visiting members of the public.
2.3 Class 1 includes a range of retail operations:
1 Class 1 Shops Use for all or any of the following purposes - (a) for the retail sale of goods other than hot food; (b) as a post office; (c) for the sale of tickets or as a travel agency; (d) for the sale of sandwiches or other cold food for consumption off the premises; (e) for hairdressing; (f) for the display of goods for sale;
==== PAGE 2 ====
16/01289/C
Page 2 of 3
(g) for the hiring out of domestic or personal goods or articles,
where the sale, display or service is to visiting members of the public.
PLANNING POLICY 3.1 The site lies within an area designated on the Peel Local Plan of 1989 as Mixed Use where a range of commercial uses can prevail - hot food take aways, shops, cafes, estate agents and travel agents and Michael Street is no different to this.
3.2 The appropriate policy to be applied to this development is General Policy 2 which sets out general standards of development, the relevant parts of which are as follows:
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 adverse effect on road safety or traffic flows on the local highways.
3.3 The Strategic Plan sets out standards for car parking which require offices to have one parking spaces for every 50 sq m of floorspace (nett) and town centre shops are required to provide space for service vehicle use.
PLANNING HISTORY 4.1 The estate agent's was approved as a change of use as a shop under PA 08/00189/C. The residential floors above have been the subject of a number of applications, none of which is considered relevant to the current application.
REPRESENTATIONS 5.1 Highway Services indicate that they do not oppose the application (07.12.16).
ASSESSMENT 6.1 The shop use will attract visiting members of the public in the same way as the estate agent's has and as such, the impact of both is very similar. The activity associated with the shop use proposed is so similar to an estate agent's that it is considered there would be no adverse impact and indeed the site is within a predominantly retail area.
6.2 The proposed use is considered to be acceptable and the application is recommended for approval. A condition should be attached which allows the use of the premises either as an estate agent's or a Class 1 shop as both uses are clearly acceptable and there would be no use served by restricting the use of the premises to one or the other use (indeed if that approach had been taken in 2008 the current application would not be required.)
6.3 It is not considered that a condition restricting hours of operation is necessary as there is little difference in impact between its current authorised use and what is proposed and the current use is not subject to any such restriction.
PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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.
==== PAGE 3 ====
16/01289/C
Page 3 of 3
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: 20.12.2016
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.
C 2. The premises may be used either as an estate agency or retail shop under Class 1 of the Town and Country Planning (Permitted Development) Order (Schedule 4 - Uses Classes).
Reason: the site has had permission for both uses and it is clear that either use is acceptable here.
This approval relates to drawings 1, 2 and 3 all received on 17th November, 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.
Decision Made : Permitted
Date: 05.01.2017
Determining officer
Signed : C BALMER
Chris Balmer
Senior Planning Officer
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.
Copyright in submitted documents remains with their authors. Request removal