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21/00472/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 21/00472/B Applicant : Michael & Josie Wade Proposal Conversion of industrial site to cafe/restaurant including installation of flue and replacement doors Site Address Isle Of Man Water Authority Depot East Quay Peel Isle Of Man IM5 1AR
Case Officer :
Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 02.08.2021
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.
This application has been recommended for approval for the following reason. The application is considered to comply with General Policy 2, Environment Policies 10, 13, 22 and 35, Business Policy 9 and Transport Policy 7.
Plans/Drawings/Information;
This decision relates to the site plan, elevations and plans ref: Fig A, Fig B, Fig C, Fig D and Fig E, six site photographs, business plan and DfE report all date stamped and received 14th April, 2021, and toilet drawing received by email 02/08/2021. __
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations: o DOI Flood Risk Management
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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 4(2):
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o The Peveril, Crown Street, Peel as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2020). __
Officer’s Report
THE APPLICATION IS BEFORE PLANNING COMMITTEE AS THE RECOMMENDATION IS CONTRARY TO VIEWS SUBMITTED BY THE LOCAL AUTHORITY AND IS RECOMMENDED FOR APPROVAL.
THE SITE 1.1 The site is a parcel of land and building which sits on the eastern side of East Quay in Peel with Keown's Lane wrapping around its northern and rear boundaries and with an existing vehicle repair garage sitting to the south.
1.2 The site is a mostly open yard which has tall rendered walls on the East Quay side with vehicular doors providing access into the internal area as well as into an enclosed garage/store at the northern end. At the southern end there is another building which accommodates an office, toilet and internal open space which does not have a prescribed use on the submitted plans. The site's existing use is described on the application form as "vacant general industrial".
THE PROPOSAL 2.1 Proposed is the use of the site for the consumption of food and drink on and off the premises (Classes 1.3 and 1.4). Various alterations to the existing buildings are to be undertaken including the replacement of the doors to the southern building which has a shallow mono-pitched sheeted roof, in black coloured steel with full height windows each side. The northern store will be used for the storage of food and wood and the southern building will be used for cooking, indoor eating and drinking and space for toilet facilities. The space in the centre will be used for outside eating and drinking and there is to be a timber pergola erected over the southern half of the central space. Also proposed is the installation of a wood burning oven with a roof flue pipe within the southern building which will extend 2m above the existing building and which will be 20.3cm in diameter and fashioned in black steel.
2.2 The applicant intends, upon a successful planning application, to apply for a licence to play music and sell and serve alcohol. For the first 12 months the applicant intends to open two days per week 1200 - 2300hrs but by Spring 2022 they hope to be "full time" with live music on some weekends. The Business Plan refers to hours of opening as 1100 - 1800hrs and in the summer until sunset with the successful business opening until 2300hrs.
2.3 The applicant states that the site is within a high risk tidal flood area and have been trying to contact DoI Flood Risk Management Team without success. They suggest that in their experience of 16 years living in Peel there has been no flooding to this area.
2.4 They provide information relating to Christmas 'pop up' events where there were 940 pizzas sold over three weekends with estimated 1,200 attendees (average of 240 customers per day) with a post event questionnaire indicating that 99% of respondents would attend another event. The survey also suggested that the customers spent over £10 in other local establishments with local businesses making positive comments on the events.
2.5 They suggest that they will employ three full time people with an additional two seasonal staff at weekends and in peak times. If the business succeeds this will expand to as many as 5 core staff by the third year with additional seasonal staff. 2.6 Additional drawings from the applicant demonstrated that 4 toilets could be achieved within the building.
PLANNING HISTORY 3.1 Planning approval was granted for the principle of commercial development under 07/02383/A and for the principle of residential development under 07/02382/A.
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3.2 Permission was granted under 97/01911/B for internal and external repairs.
PLANNING POLICY 4.1 The site lies within an area designated on the Peel Local Plan (1989) as Mixed Use. Within this the renovation of East Quay is mentioned. The Strategic Plan encourages the location of retail uses in established town and village centres (Business Policy 9), presumes against development which would be affected by or which would increase flood risk (Environment Policies 10 and 13), and against development which would result in noise or smell nuisance or amenity impacts to those in neighbouring properties (Environment Policy 22 and General Policy 2). Development within a Conservation Area must either preserve or enhance the character or appearance of the Area (Environment Policy 35 and Planning Policy Statement 1/01).
4.2 The entire site lies in a High Tidal Flood Risk Area and within Peel's Conservation Area. None of the buildings within the site is Registered Building and there are no trees on site, protected or otherwise.
4.3 General Policy 2: "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; (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".
4.4 Environment Policy 10: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4."
4.5 Environment Policy 13: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."
4.6 Environment Policy 22: "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."
4.7 Environment Policy 35: "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." 4.8 Business Policy 9: The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1) .
4.9 Transport Policy 7 requires that car parking is provided in accordance with the standards in Appendix 7 which, in the case of town centre shops, is "space for service vehicle use".
REPRESENTATIONS
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Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Peel Town Commissioners - oppose (30/06/2021) concerns relating to the potential noise impacts on neighbouring properties from the open air venue and the impact the proposed chimney design will have on adjacent property when emitting smoke and fumes.
5.2 Department of Infrastructure Highway Services - Do not oppose (10/05/2021) - no significant negative impact upon highway safety, network efficiency and /or parking. The premised and proposal should benefit from the planned public realm works along East Quay under PA: 20/01320/B where there it to be a widening of the footway and resurfacing.
5.3 Department of Infrastructure Flood Risk Management - do not oppose (29/07/2021)
Neighbouring properties 5.4 A representative of the Peveril Public House, Peel - Objections (20/05/2021) - the proposal has inadequate toilet facilities for the proposed use and which was clearly evidenced by a previous Christmas use when customers were using the facilities at the Peveril. The plans do not include sufficient litter receptacles and the shortage of public bins could not accommodate yet another food outlet. They are disappointed that they had not contact their closest neighbours in the survey feedback, the Peveril in fact noticed loss of custom in December and should the proposed use operate in summer their custom would again remain affected, and regardless of whether competition is considered a relevant objection the impression that positive feedback has been gleaned from surrounding businesses in their application is misleading. There is also lack of confidence in the full time operation of the business and its staff employment and the proposal is a blatant custom grab from existing businesses that actually do operate and employ all year round.
Applicant's Responses: 5.5 To Peel Town Commissioners (08/07/2021): The concern regarding noise are arguably unfair given that both neighbouring Public houses (The Creek and The Peveril) have a significant number of outside tables and are both very popular outdoor venues in fine weather. The concern regarding chimney smoke is understandable, but it could be argued that Peel is an area with a large number of residential wood/coal burning fires, as well as a kipper smokehouse and the addition of one further chimney is not going to impact on neighbouring properties. Minded that the prevailing winds are more likely to carry the smoke away from the area and nearest residents in Castle St. The proposal is not for a one time 'event' but more a regular eatery. Although it might be worth noting that no complaints about either noise or smoke were received over December period. We consider the proposal to make use of a long-vacant quayside property and in doing so bringing something new and vibrant to Peel town.
5.6 To Peveril pub (21/06/2021): It is felt that objections and assumptions on the current proposal stem from the Christmas 'pop up' use and not the current proposal. The opportunity to do a temporary Christmas use highlighted shortfalls of the site and areas which would need re-configuring and addressed, as part of the application, for example, the addition of another toilet cubicle, and there is future space to provide more toilet facilities as the business expands. There were four bins on site and emptied each week with no litter issue, and as responsible business owners and also residents of Peel they will ensure adequate rubbish disposal measures. There were others factors affecting trade over winter including weather and roadworks, but they applicants would be happy to work with neighbours to address any concerns if or when they come up.
ASSESSMENT 6.1 The issue in this case is whether the proposed works and use would have an adverse impact on the living conditions of those in nearby dwellings or adjacent businesses (General Policy 2, Environment Policy 22 and Business Policy 9) and whether the works would preserve or enhance the character or appearance of the Conservation Area (Environment Policy 35 and PPS 1/01). Finally it is important to consider whether the proposal will have an adverse impact on
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highway safety (General Policy 2 and Transport Policy 7) and on or from flooding (General Policy 2 and Environment Policies 10 and 13).
6.2 Impact on neighbours 6.2.1 Whilst there are industrial premises immediately to the south and some small scale industrial units across the lane, there are also residential properties 15m away and with their rear gardens as close as 4m across the rear lane. There is a restaurant and take away across the lane to the north which was approved on appeal as a take away in addition to the restaurant under 01/02429/GB and the quay is generally a busy, commercial area with facilities open late into the evening (restaurants and public houses). The re-use of the existing site for the proposal, in terms of the coming and going of customers, business operation and smells from the chimney, are not considered to significantly affect the surrounding environment or living conditions of those nearest neighbours at this sea-side and coastal town centre location where there is already an established level of commercial activity in the heart of Peel.
6.2.2 Those comments raised by a neighbouring public house have been noted, although business competition is not a material planning consideration the comments in respect of toilet facilities have been queried, and comments on the proposal from Environmental Health (EH) have been sought. The application and original information submitted indicates an increase in toilet facilities from 1 to 2, with potential for this to be further expanded as the business grows. There are no building control regulations in respect of toilet provision however EH use British Standards in calculating suitable sanitary provisions with 2 toilets facilitating up to 50 covers and 4 toilets facilitating 50-100 covers. Although separate legislation would cover the matters in this respect of EH and safeguarding suitable toilet provision, the applicant has sought to provide additional drawings to demonstrate how 4 toilets could be achieved so as to appease the neighbours' concerns. The application is not unacceptable in this respect nor to have any harm on adjacent amenity.
6.3 Impact on the Conservation Area 6.3.1 The changes to the building will not be publicly visible other than a glimpse of the flue. In any case, the proposed works will have a positive effect on the appearance of the buildings which are not of historic or architectural interest. The impact on the Conservation Area from the proposed works is a preservation.
6.3.2 The continued investment in buildings within the Conservation Area is to be welcomed and new uses which will add customer footfall and vibrancy at all hours of the day will be positive. The experience of the applicants is that their customers have then gone on to spend money in other establishments which is for the good of the town.
6.4 Impact on highway safety 6.4.1 The site is located right alongside a public highway where there is currently car parking available. There is an approved regeneration scheme for East Quay which involves the widening of the footway along it and the reduction in on street car parking although in it (20/01320/B) there are parking spaces immediately in front of this site and most of the way northwards as far as the Harbourmaster's House. 6.5 Impact from and on flooding 6.5.1 The proposal is to re-use an existing site and building and from a planning perspective the impact in terms of flooding is to be made no worse than the existing arrangement. Comments from DOI FRM had not been received by 23/07/2021 and so these were sought and received 27/07/2021 whereby they confirmed 'Do not oppose'.
CONCLUSION 7.1 Overall it is concluded that the re-use of the existing, currently vacant site within the mixed use centre of Peel, for the proposal would have an acceptable impact both in terms of impact on neighbouring properties and residents and on the character and appearance of the conservation area. The proposal is also considered to have an acceptable impact in terms of flooding and
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highway safety. The application is considered to comply with General Policy 2, Environment Policies 10, 13, 22 and 35, Business Policy 9 and Transport Policy 7.
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
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
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I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 09.08.2021
Signed : L KINRADE Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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.
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PLANNING COMMITTEE DECISION 09.08.2021
Application No. : 21/00472/B Applicant : Michael & Josie Wade Proposal : Conversion of industrial site to cafe/restaurant including installation of flue and replacement doors Site Address : Isle Of Man Water Authority Depot East Quay Peel Isle Of Man IM5 1AR
Planning Officer : Miss Lucy Kinrade
Presenting Officer As above
Addendum to the Officer’s Report
Further to the officers report and agenda to Planning Committee the case officer considered that a further condition relating to opening hours should be added to any approval with suitable wording indicating operation to customers between 11am to 11pm on any day only as set out in the application submission.
“C 2. No customers shall be served or remain on site outside the following hours:
1100 hrs - 2300 hrs on any one day.
Reason: The application has been assessed on this basis as requested in the application and in the interest of neighbouring amenity.”
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