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19/00690/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00690/B Applicant : Mr Thomas & Mrs Karen Kirby Proposal : Conversion from office to restaurant (Class 3) and a self- contained residential unit Site Address : Harbour Mews Off Parliament Square Castletown Isle Of Man IM9 1LA
Principal Planner: Miss S E Corlett Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 31.07.2019 __
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. No customers may remain within the restaurant premises outside the following hours: 1200 - 1430-hrs and 1800 - 2200 hrs.
Reason: to control the impact of the restaurant on nearby residential property.
C 3. Prior to the installation of any external extraction system, details of this, including noise and odour emission levels and measures for their mitigation, must be approved by the Department and the development undertaken in accordance with these details.
Reason: to protect the amenities of those living near to the site.
Plans/Drawings/Information;
This decision relates to drawings 1, 2E, 3, 4, 5 and 6 all received on 18th June, 2019. __
Interested Person Status - Additional Persons
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None __
Officer’s Report
THE SITE 1.1 The site is the curtilage of an existing building which sits immediately behind Derby House, the former Police Station, Ellan Vannin, Packet House and 1 and 2, Quay Lane in the centre of Castletown. The building is attached to Ellan Vannin and 1, Parliament Square. All the buildings referred to above are Registered but the application property is not. All are within the town's Conservation Area, including the application site.
1.2 The building is a three storey stone faced building which sits almost 4m from the rear of Derby House with a narrow access between the two buildings and in front of 1, Parliament Square which accommodates vehicular access although there is no facility to turn a vehicle within the site. There are currently gates which are positioned at the corner of the rear of Derby House and the front of 1, Parliament Square.
1.3 The building is currently used as offices although planning approval was granted for conversion to a dwelling but this was not implemented.
THE PROPOSAL 2.1 Proposed is the conversion of the building from offices to a restaurant on the ground and part of the first floors with a four bedroomed apartment above in the form of one of the bedrooms on the first floor where the access to the apartment is and three bedrooms and living accommodation on the floor above.
2.2 Physical changes to the building include:
Replacement of the existing timber glazed entrance door to the ground floor Replacement of an existing window at the northern end of the front elevation with a door within a slightly widened aperture Installation of a new extraction system on the northern elevation which takes the form of a duct which emerges at head height at ground floor level and proceeds up the northern gable to emerge 600mm from the ridge and rising to up to1m above roof plane level Installation of 8 rooflights - 6 in the front pitch and 2 in the northern part of the rear pitch: all are to be Conservation type Use of the courtyard for outside dining (the existing gates are to be retained).
2.3 Internal changes are also proposed but as the building is not Registered, no permission is required for these. The dining area will accommodate between 40 and 50 covers maximum and the ground floor will have accessible entry and toilet facilities.
2.4 The applicant provides supporting information, some of which is not directly relevant as it relates to the particular style of restaurant which is proposed which the planning decision would not control, and their current plans for their properties which they own which is also not particularly relevant as property ownership can change and is not subject to planning control. Nevertheless they intend to use their properties to create a "hospitality led, boutique destination for visitors and Islanders alike" including the creation of an hotel, wine bar and café/deli in Derby House and self contained tourist accommodation in their other buildings.
2.5 They describe the site as well served by public transport and clarify that Castletown Commissioners would be prepared to lease long term spaces within the Chapel Lane car park if necessary.
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2.6 They clarify that odours from the proposed use will be controlled by an extraction plant and whilst the details of this system are not yet known they would be content to accept a condition requiring approval of these details before such are installed.
2.7 They propose the opening hours to be 1200 - 1430hrs and 1800 - 2200s generally with customers not tending to exit the premises down Quay or Parliament Lanes unless they live there.
2.8 They intend the operation to have a Restaurant Operational Waste Strategy which manages the storage of waste on site in an enclosed waste storage area in appropriate containers with provisions for recycling.
PLANNING POLICY 3.1 The site lies within an area of Mixed Use on the Area Plan for the South adopted in 2013 and also within Castletown's Conservation Area. This allows a range of uses to be undertaken - residential, offices, retail, tourism with a preference for the retention of retail uses on the ground floors (Mixed use Proposal 1) with office uses being acceptable on upper floors although there will be a presumption in favour of retaining any existing residential uses on these floors (Mixed Use Proposal 5). Whilst the consumption of food on the premises (Class 3) is a separate use class from shops (Class 1), both are acceptable uses within the wider definition of "retail" as can be seen by the many restaurants and cafes within the Mixed Use areas of Castletown and the other towns and villages in the Island.
3.2 The Strategic Plan contains advice on the provision of adequate car parking (Transport Policy 7) and in the case of residential property there should be 2 parking spaces for a unit with 2 bedrooms or more and in the case of shops (there is nothing specified for cafes or restaurants) the requirement is spaces for staff, customers and service vehicles.
3.3 However, the SP states: "These standards may be relaxed where development:
(a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or (b) would result in the preservation of a sensitive streetscape; or (c) is otherwise of benefit to the character of a Conservation Area. (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality."
3.4 It is also acknowledged that in Appendix 7 that:
"A.7.4 Most shopping facilities in established centres do not have on site parking provided due to the intensive form of development and their location off the main highway, often in pedestrianised streets (Peel, Castletown, Douglas and Ramsey in particular). In most of these cases, provision is made for servicing outside trading hours from relaxation of the access regulations and the use of de-mountable bollards and rear access lanes. It is impracticable to require on site car parking for either staff or customers in such locations although it must be feasible for retail developments to be serviced. It is equally essential that there are available sufficient areas of public car parking either in car parks or on street, and that adequate controls are in place for these spaces to be available to those who need them."
3.5 Environment Policy 35 is relevant: "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."
3.6 The proximity of Registered Buildings is also relevant in respect of Strategic Policy 4:
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"Proposals for development must:
(a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest; (c) not cause or lead to unacceptable environmental pollution or disturbance.
3.7 Finally, development which is in accordance with the land use designation should conform to the requirements of General Policy 2 as follows:
(c) does not affect adversely the character of the surrounding landscape or townscape; (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 and (m) takes account of community and personal safety and security in the design of buildings and the spaces around them."
PLANNING HISTORY 4.1 Planning approval was recently granted for the conversion of the building from offices to residential (16/00306/B).
REPRESENTATIONS 5.1 Castletown Town Commissioners are unanimously in support of the application (18.07.19).
ASSESSMENT 6.1 The issues in this case are whether the proposed use would have any adverse impact on the living conditions of those in adjacent residential property, whether there would be any adverse impact on the character and appearance of the Conservation Area and those of adjacent Registered Buildings and finally, whether there would be any adverse impact on highway safety as a result of the proposed use and the removal of the existing on-site parking provision.
Impact of living conditions of nearby residents 6.2 There are residential properties close to the site which could be affected by the additional comings and goings associated with a restaurant use compared with residential (likely to be fewer movements) or offices (likely to be movements during the day). However, the site lies firmly within the town centre where there are, in close proximity, other businesses which operated into the evenings and at weekends and also close to public parking areas where vehicles are able to come and go at any time of the day or night. As such, there is a reasonable expectation for people living in a town centre that there will be activity outside of the usual working day. The addition of a new eating establishment will add to the range of attractions and amenities of the town which will help to maintain a vibrant town centre in accordance with the relevant planning policies. It is relevant that there is only one window in the rear of the building which will serve the restaurant and that the walls of the property are thick stone which will help mitigate any noise travelling towards the residential properties to the east. It is also relevant that at the current time, Ellan Vannin, Derby House and Packet House are all owned by the applicant and whilst these properties could be sold in the future, those interested in purchasing any of these properties would be aware that the application site could be or is being used for the proposed purpose.
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6.3 There could be an impact on adjacent residences from the proposed flue. The applicant explains that they have not yet sourced the exact nature of extraction which will be suitable for their style of cooking but that such details could be the subject of a planning condition, should the application be approved.
Impact on the Conservation Area and adjacent Registered Buildings 6.4 The building is not particularly prominent as it is tucked behind Derby House but in any case what is proposed will not have a harmful impact on the CA due to the limited external changes to the building. The creation of a secluded outdoor eating area will be something that adds to the vibrancy of the town which will enhance the CA. The relatively minor changes to the building and the fact that the building will be used and maintained will help with the setting and character of the nearby RBs and the proposal is not considered to have an adverse impact on them.
Impact on highway safety 6.5 The proposal will reduce the amount of parking available to the site. However, the existing parking is limited in number and the space does not allow vehicles to drive in and out in a forward gear. Backing in and out over pedestrian areas is not considered safe or welcome and as such, the removal of the vehicular parking whilst the outdoor space is used for dining, is not considered objectionable: it may assist with highway safety.
6.6 The SP makes it clear that in town centre locations the development of sites without the requisite car parking can be acceptable and in this case there is a long stay public car park within less than a minute's walk from the site and this also contains electric charging points. It is also relevant that the existing use of the site for offices is likely to generate a requirement for parking which cannot be fully or safely met on site and what is proposed is not likely to significantly worsen that demand or the impact of it not being met on site.
CONCLUSION 7.1 The proposal is considered to accord with the relevant SP and AP policies and is supported. It is not considered necessary to require the securing of leased parking spaces within the public car park which should remain available for all those visiting the town centre. It is considered appropriate to attach a condition which controls the hours of operation in accordance with those stated in the planning application, given the proximity to residential property.
INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), 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.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.
[provide the address] as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
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I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 01.08.2019
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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