46746 — 20/01294/B | Planning Portal IoM | Isle of Man Planning Portal

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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 20/01294/B Applicant : Fancy A Coffee Limited Proposal : Variation of conditions 2 and 3 of PA 20/01024/C, Change of use from retail (class 1.1) to a combined use as food and drink (class 1.3) with related hot food takeaway (class 1.4) Site Address : Small Retail Unit Crosby Meadow Estate Peel Road Crosby Isle Of Man

Planning Officer: Mr Paul Visigah Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 08.02.2021 __

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. No customers shall be served or remain in the building (Small Retail Unit) outside the following hours 0700hrs and 2200hrs, 7 days a week.

Reason: The application proposes the times listed and has been considered on this basis only and in the interests of the amenity of neighbouring occupants in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016.

C 3. For the avoidance of doubt the approval hereby granted relates to the use of the ground floor of the smaller retail unit within the retail facility with floor area measuring 92sqm as shown on drawing number 16/2576/105G, received 17 November 2020, and does not in any way serve as approval for the use of any other part of the retail building for the proposed scheme.

Reason: The application does not propose to make such changes.

This application has been recommended for approval for the following reason. The proposal is considered to accord with General Policy 2, Community Policy 4, Business Policy 1, Business Policy 10 and Transport Policy 7 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

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This approval relates to the Supporting Information and Drawing No. 16/2576/105/G received 17 November 2020, and Correspondence from agent and revised application form received 30 December 2020. __

Interested Person Status - Additional Persons

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

22 Cherry Tree Drive, Crosby

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. __

Officer’s Report

1.0 THE SITE 1.1 The site is part of a retail unit (currently under construction and near completion) which lies to the south west of the junction of the A1 Main Road through Crosby and the north-south intersection of Eyreton Road (A23) and Old Church Road (B35). The site lies southeast of new residential dwellings which were approved with the application building under PA 17/00852/B.

1.2 Opposite this building and on the other side of the main road, is 1-6, Eyremont Terrace, 1, Crosby Terrace and on the corner of Main Road and Eyreton Road is a pair of semi-detached houses - Crosby House and Eyrebrook. To the south east of the site is a tree-lined watercourse beyond which are public toilets, a children's playground, a bowling club, Marown Millennium Hall, a BMX track and a sports pitch.

1.3 Planning approval was granted for the retail unit under two applications - 18/00339/REM and 17/00852/B. Both schemes proposed essentially the same building but were handed with the former having the commercial vehicle loading and parking area on the south eastern side of the building and the latter having this between the north western gable of the building and the rear of plots 27 and 28. The development has however been implemented in accordance with 17/00852/B, although with new elements which are at variance with the approved scheme.

2.0 THE PROPOSAL 2.1 The planning application seeks to vary conditions 2 and 3 of PA 20/01024/C, Change of use from retail (class 1.1) to a combined use as food and drink (class 1.3) with related hot food takeaway (class 1.4).

2.1.1 Condition 2 states:

The food and drink (class 1.3) (Small Retail Unit), hereby approved, shall only be open for use by customers between the hours of 0700hrs and 2200hrs, 7 days a week.

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2.1.2 Condition 3 states: Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that order with or without modification), the use hereby permitted shall not include use for the sale of hot food for consumption off the premises or any activity involving such sales whether ancillary or incidental to the use of the premises.

Reason: To safeguard the amenities of occupiers of adjoining properties.

2.2 The applicant had provided additional information (11 November 2020) under PA 20/01024/C indicating that the application to add class 1.4 (hot food takeaway) to enable a combined use of the unit as food and drink (class 1.3) with related hot food takeaway (class 1.4) would form part of a subsequent application, which the current application now seeks.

2.3 The current scheme would vary condition 2 on the grounds that it only refers to food and drink (class 1.3) and as such would exclude the additional use class (1.4) from the times of operation for the unit. The alteration of the condition would enable the unit operate within the stated times of opening for both use classes.

2.4 The variation of condition 2 which excludes the sale of hot food for consumption off the premises or any activity involving such sales would allow for the sale of take-away from the premises enabling a more inclusive operation of the unit for all its customers. It is therefore important to note that planning permission under PA 20/01024/C is still in place and that the current application only seeks to vary conditions within that approval.

2.5 The following supporting information has also been provided as supporting information for the proposed scheme:

i. The building is complete.

ii. The trading hours would be between 7am to 10pm daily, 7 days per week.

iii. There are 33 spaces within the car park for the building which would serve the development and the larger retail unit within the building. As a community shop in a new development, exact customer numbers have not been fully determined. Natural footfall arising from customers to the adjoining Co-op and nearby housing estates. As a new location we would expect that customer numbers will be established over the first year of trading. We expect to employ a combination of full and part time staff estimated at 8.

3.0 PLANNING POLICY 3.1 The site of the proposed retail unit is designated on The Isle of Man Planning Scheme (Development Plan) Order 1982 as Proposed Residential. Proposed residential designation can include non-residential development where this is complementary to a residential area, such as shops, churches and amenities which contribute to the sustainability of a settlement. As such, the following parts of the Strategic Plan are relevant:

3.2 General Policy 2 states that "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:

(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (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;

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(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; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

3.3 Transport Policy 7 states, "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. Appendix 7 requires neighbourhood shops to have "Spaces for staff, customers, and service vehicles".

3.4 Transport Policy 1: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes."

3.5 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."

3.6 Business Policy 10: Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5.

9.4.4 For the purposes of Business Policy 9 major retail development will be classed as any new or increase in existing retail development of more than 500 sq. metres of floor space measured externally. For the purposes of Business Policy 10 new neighbourhood shops within new residential developments will not normally comprise more than 100sq metres of floor space measured externally.

9.4.5 It is accepted that in some circumstances a mix of uses can be appropriate within town centre locations such as residential flats above retail units or office accommodation, particularly where this can help to ensure the use of the area at different times during the day, thus helping to ensure the security and vitality of these areas.

3.7 Community Policy 4: Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable.

4.0 PLANNING HISTORY 4.1 The previous planning application is considered to be specifically material in the assessment of the current application:

4.2 PA 20/01024/C for change of use from retail (class 1.1) to food and drink (class 1.3), Small Retail Unit Adjacent to Main Retail Unit, Crosby Meadow Estate, Peel Road, Crosby - approved with the following attached conditions:

"C2. The food and drink (class 1.3) (Small Retail Unit), hereby approved, shall only be open for use by customers between the hours of 0700hrs and 2200hrs, 7 days a week.

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C3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that order with or without modification), the use hereby permitted shall not include use for the sale of hot food for consumption off the premises or any activity involving such sales whether ancillary or incidental to the use of the premises.

Reason: To safeguard the amenities of occupiers of adjoining properties."

4.3 The site has also been the subject of a number of applications which includes the detailed application PA 17/00852/B for the erection of 28 residential units and retail unit with associated parking and landscaping. Approved

Note: The unit which is the subject of the current application was approved as part of this application which has currently been built with works currently underway to complete the landscaping works around the retail building.

Relevant Conditions: C8: Prior to the operation of either of the proposed retail units, the car parking spaces to the north shall be laid out and available for use by staff and customers of the retail units and retained as such thereafter.

Reason: To ensure that there is sufficient car parking available to serve the commercial unit.

C11: The retail unit may not be open for business after 2200hrs on any day; or before 0700hrs on any day.

Reason: To protect the living conditions of those living in nearby residential property.

C14: The retail building must be erected, laid out and used as shown in drawing 16/2576/105F received on 20th November, 2018. In particular, the two units must be arranged as shown and may not be combined or merged, and there may be no additional floor space introduced either through the introduction of mezzanine flooring or other means.

Reason: The proposal as approved represents less than 500 sq m of retail floor space which would not require a Retail Impact Assessment (RIA) to demonstrate that it would not have an adverse impact on the viability and vitality of the town centres; any increase in floor area would be in excess of this and no RIA has been provided.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 The Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in the letter dated 12 January 2021.

5.2 Marown Parish Commissioners have made the following comments regarding the application in a letter dated 17 December 2020:

It is not entirely clear whether this application for a take away unit is in place of the recently approved change under 20/01024/C or whether this would be an additional use. The latter is presumed, but the application appears to be a new use rather than an additional use.

The Commissioners have received information subsequent to their comments on 20/01024 that the Biodisc unit serving the estate and into which this shop unit is drained is rated for domestic use. Whilst the Commissioners resolved that they have no objection to the application in principle, they recommend that certainty of the capacity of the Biodisc unit should be obtained

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so as to avoid the risk of effluent polluting the River Dhoo: a café and take-away unit will produce more waste water than a shop selling goods.

5.3 The Owners/occupiers of 22 Cherry Tree Drive, Crosby which abuts the north-western boundary of the retail building have made the following comments regarding the application in a letter dated 10 November 2020:

I write in relation to the above planning application which is directly adjacent to my property. I live in, and am the owner of Plot 28 (Number 22) and although I am looking forward to the coffee shop opening, I am very concerned that the balcony at the front of the unit looks directly into my garden and kitchen and is level with the windows of the 2 children's bedroom at the back of my property.

The initial application for the coffee shop unit was ground floor only therefore the balcony wasn't a concern.

I cannot find any information on what the purpose of the balcony will be and whether it will have a privacy screen if it is not intended for decoration purposes.

I have attached 2 pictures to show the view from my back bifold doors in the kitchen.

I wish to be considered for interested person status.

6.0 ASSESSMENT 6.1 The principle of the change of use of the unit from retail (class 1.1) to food and drink (class 1.3), and the potential impacts on the wider amenity have already been assessed and as such is not the subject of the current application. Therefore, the main issue to be considered in the current application is whether the additional use as hot food takeaway (class 1.4) would exacerbate the already assessed impacts in terms of noise, smells and amenities of nearby occupiers.

6.2 As has been previously stated in the previous application, the retail unit which is the subject of the current application has no commercial flue which is required for the cooking of food which can be problematic in terms of smell and such apparatus can cause issues also in terms of noise. Additionally, the applicant has stated that the food served would be pre- packaged and that there was no intention to install any flues to serve the unit. Given that no additional information has been provided to include the installation of flues and there has been no modification within the application documents to include such, it is concluded that there would be no flues installed. As such, it is considered that the additional use to allow for the sale of hot food and drinks for consumption off the premises would not increase the impacts previously observed as the mode of operation of business (which excludes the preparation of food on site) and the need for planning permission for the installation of flues if and when required for the unit would serve to control the nature of the use and its impact on the neighbouring retail use; thus providing an element of control over the type and timing of such uses of the unit.

6.3 With regard to impact on noise levels generated and impacts on other site amenities such as parking, it is considered that the additional use would not considerably alter the conditions resulting from the change of use as previously assessed under PA 20/01024/C. This is hinged on the fact that the use to include sale of hot food for consumption off the premises would reduce the parking times for visitors to the unit as customers who would have be required to consume their purchase on site would no longer be required to do so. Whilst there may be an increase in the comings and goings of customers, this not considered to be out of character with the broader retail facility (which is commercial) and as such it is not considered that this increase in number of visits would be sufficient to warrant refusal of the proposal.

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6.4 It is also considered that the site is in a village centre location close to a large retail unit, and within easy walking and public transport distance from a large proportion of the population. This location is therefore considered appropriate for this type of use. Besides, the additional use would add to the variety and quality of outlets available and range of different options for shoppers, including those seeking take away and sit in dining which would be a welcome addition to the area, given that the success of a town or village centre hinges partly on the availability of options for visitors.

6.5 Whilst the comments related to the capacity of the Biodisc to serve the additional use of the retail unit has been noted, the installation of Biodiscs is not a matter for planning control as they are the subject of other regulatory controls such as the 'Discharge Licence' and 'Building Control Regulations'. As such, this would be better addressed via the appropriate instruments under the remits of Environmental Protection and Building Control.

6.6 With regard to the comments related to the erection of a balcony on the facility with potential to overlook No. 22 Cherry Tree Drive, Crosby, it is noted that the current application only seeks to vary the conditions for an existing approval (PA 20/01024/C) and does not involve any proposals for the change of the layout of the unit or the existing building. Based on the foregoing, it is noted that any issues related to alterations to the layout of the facility and extensions to the retail building would be better addressed under PA 20/0302/B for alteration and first floor extension to the facility. It is also vital to note that the proposed development only relates to the ground floor of the smaller retail unit which has an internal floor space of about 92sqm and as such does not in any form concern the use of the first floor sections of the retail building. Albeit, a condition should be included to clarify the element of the facility for which the proposal relates.

7.0 RECOMMENDATION 7.1 For these reasons the proposal is considered to comply with the relevant polices of the Strategic Plan and therefore recommended for an approval.

8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

(a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 above who should be given Interested Person Status __

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this

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decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted

Date: 10.02.2021

Determining officer

Signed : C BALMER

Chris Balmer

Principal Planner

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.