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17/00159/C
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00159/C Applicant : Mrs Beverley Jayne Clegg T/a Creative Juices Proposal : Change of use application for additional use of existing juice kitchen to Class 1 and takeaway Site Address : Creative Juices The Promenade Laxey Isle Of Man IM4 7DD
Case Officer : Mr Chris Balmer Photo Taken : 07.03.2017 Site Visit : 07.03.2017 Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE SITE 1.1 The application site is the curtilage of The Store, The Promenade, Laxey which is a single storey detached property which is to the north-western side of The Promenade within Laxey. The property partially used as public toilets and also as a dog groomer business, which has now ceased. The building is currently used to make and sell juiced products.
2.0 THE PROPOSAL 2.1 The application seeks the additional use of existing juice kitchen to Class 1 and takeaway.
2.2 The property was recently converted from a former dog grooming premises to a facility for the preparation and storage of cold pressed vegetable and fruit juices. This uses was recently approved and commenced and operated between the hours of 0800hrs and 17:00hrs Monday to Friday. It was stated that this previously approved use would focuses on home and corporate deliveries.
2.3 This new application proposes to be open 7 days a week between the hours of 0800hrs and 18:00hrs and would sell cold pressed vegetables and fruit drinks and other fresh healthy foods including salads, soups and hot drinks.
2.4 There is no off street parking associated with the site and relies totally on the on-street parking along The Promenade.
3.0 PLANNING HISTORY 3.1 There have been a number of applications associated with this site; however, only the following previous applications are considered to be specifically material in the assessment of the current application:
3.2 Change of use from former dog grooming premises to a facility for the preparation and storage of cold pressed vegetable and fruit juices - 16/00276/C - APPROVED
3.3 Change of use of storage hut to provide a dog grooming business - 05/00297/C - APPROVED
4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area zoned as "Predominantly Residential Use" as identified on the Laxey and Lonan Local Plan Order 2005. The site is within a Conservation Area.
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17/00159/C
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4.2 Given the nature of the application it is appropriate to consider the following policies of the Isle of Man Strategic Plan (20th June 2007):
4.3 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."
4.4 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."
5.0 CONSULTATIONS 5.1 DOI Highway Services have raise no objection (received on 16.03.2017).
6.0 ASSESSMENT 6.1 The site is within an area designated as predominantly residential use; albeit none of the current or previous uses of the building have been residential. As the proposed use does not fall within this land use designation General Policy 2 cannot be taken into account; however, a number of points within this policy are relevant to consider, namely the potential impact of nearby residential amenities and/or traffic generate by the proposal and the potential parking provision in the area/highway safety matters.
6.2 As indicated previously the site was granted approval for a dog grooming business just over ten years ago and more recently a further change of use for reparation and storage of cold pressed vegetable and fruit juices. This latter use would continue (same business) but the applicant essentially wishes to diversify the business to offer members of the public visiting the area/Promenade the goods they produce from the building currently.
6.3 The building which occupies the use is small measure 32sqm in floor area and therefore cannot accommodate inside seating. It is proposed to place some seating under the outside under the canopy outside the shop. Overall, the proposal will generate an increase in persons visiting the unit than currently exists, although it is likely persons visiting the site, especially during summer periods; will also be visiting the beach/promenade. Accordingly, the level of traffic generated and on-street parking requirements are not likely to be significantly more than what currently exists. Further to this visiting the area on a number of occasions and observing the amount of available on street parking along the Promenade, especially during Monday to Fridays and weekends all throughout the year it is not considered on-street parking in the area would be adversely affected to warrant a refusal.
6.4 The business (as before) does not include any commercial cooking or need a commercial extraction system. The approved business essential deals with the preparation and storage of cold pressed vegetables and fruit only. Accordingly, given this and as the site is located a distance from neighbouring residential properties, it is not considered the proposal would have any adverse impact upon neighbouring amenities.
7.0 RECOMMENDATION 7.1 In conclusion, for the reasons given the proposal would comply with the relevant planning policies and therefore recommended that the application be approved subject to conditions.
8.0 PARTY STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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;
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17/00159/C
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(c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; (d) The Highways Division of the Department; and (e) 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: 20.03.2017
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 use shall operate only between the hours of 0800hrs and 18:00hrs Monday to Sunday
Reason: to accord with the application details on which the application has been considered.
This approval relates to the submitted documents and drawing all received 13th February 2017.
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: 28.03.2017
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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