Officer Report

Application No.: 15/00333/C Applicant: Mrs Victoria Venables Proposal: Use of part of car park for the operation of a mobile catering unit Site Address: Haldane Fisher Car Park Isle Of Man Business Park Douglas Isle Of Man IM2 2QY Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation

Officer’s Report THE SITE

1.1 The site is the car park associated with Haldane Fisher, a building supplies outlet situated in a relatively new industrial estate to the north of Cooil Road (A24). The access road leads from Cooil Road through the estate to link up with the Isle of Man Business Park estate road which runs past a residential area and public house, to join Vicarage Road and to head north to eventually join the A1 Peel Road/TT Course. - 1.2 The site is all of the Haldane Fisher site but the application seeks approval only for a small part of the site - on the right as one enters the site car park occupying one parking space with space around it for customers to queue and receive their purchased food. THE PROPOSAL

2.1 Proposed is the siting and operation of a mobile catering van on the site, selling hot food between 0800-1430hrs Monday to Friday and 0800hrs to 1230hrs on Saturdays. The operation will employ two members of staff. PLANNING POLICY - 3.1 The site is within a wider area which now accommodates the Business Park, the industrial units, the public house, Ballacottier Primary School and the residential units, designated on the Braddan Local Plan of 1992 as accommodating a range of uses including industrial use, science based industries, high density residential use, landscaping and a secondary school. REPRESENTATIONS - 4.1 Department of Infrastructure Highway Services indicate that they do not object to the proposal (13.04.15).

4.2 Braddan Parish Commissioners indicate that they do not oppose the application (24.04.15). PLANNING HISTORY - 5.1 The application site was approved for the builder's merchant's under PA 04/00063/B which was for a timber saw mill with ancillary uses.

• ASSESSMENT
• 6.1 On a number of visits to the site when the van was operational, there were vacant spaces which could be used by patrons of Haldane Fisher and whilst there were vehicles parked on the estate road, these seemed to be associated with the car sales operation on the other side of the road rather than customers of the mobile catering van. It is relevant that there is no objection from the highway authority.

6.2 It is also relevant that there are no objections to the proposal from other occupants of the estate. There are similar facilities in the Spring Valley industrial estate (within the B_Q car park and alongside Agrimark) which seem to operate without interference with the legitimate use of the rest of the estate. - 6.3 It is considered that the application should be approved. Whilst the applicant has indicated the hours of operation, it is not considered that there would be a significant impact on the area if the business operated beyond those hours and as such it is not recommended that hours of operation conditions are necessary in this case.

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) The Highways Division of the Department; and
• (e) The local authority in whose district the land the subject of the application is situated.

Recommendation Recommended Decision: Permitted Date of Recommendation:

08.05.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

• 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.

If the catering van ceases to operate from the site on a permanent basis the unit must be removed from the site and the site returned to its use as car parking spaces for the adjacent industrial unit.

Reason: to provide adequate car parking for the industrial use of the site.

-----------------------------------------------------------------------------------------------------------This approval relates to the drawings received on 26th March, 2015.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 12.05.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed : Michael Gallagher Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management