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33, Michael Street, Peel
Planning statement for variation of condition to allow unrestricted opening of the premises as Class 1.3 - Food and Drink
21st July, 2021
Sarah Corlett Town Planning Consultancy Ltd Registered address: 4, Mount Rule Cottages, West Baldwin Road, Braddan, Isle of Man IM4 4HS t: 07624 485517 e: [email protected] w: www.sarahcorlett.com Directors: Sarah Elizabeth Corlett, Nicola Jane Corlett Company Registration 134325C
1.1 The site accommodates a two storey building with a flat roofed dormer on the front elevation which facilitates the use of the roofspace, with a small rear yard leading out onto Factory Lane. 1.2 The front elevation has a modern shopfront leading onto Michael Street with two large, full height glazed panels either side of a set of double front doors. Above this are two sliding sash windows and above that a centrally positioned flat roofed dormer with fixed and modern casement lights. The upper floors are accessed from the rear yard with the residential accommodation there completely separate from the commercial activities below. 1.3 The ground floor of the premises was until 2017 used as retail. 17/01263/B proposed the removal of the canopy above the front door and glazed panels, the installation of a cigarette bin and CCTV cameras and the use of the ground floor as Class 3 (now Class 1.3) Food and Drink. This involved the lower ground floor rooms being used as admin space, a store and cellar and the retail space on the ground floor being used as two bar areas with a total floor area of approximately 33 sq m of usable space into which the bar has been installed with the remaining space - 26 sq m available for customers to be with toilet facilities in addition to this, towards the rear of the building. 1.4 This application was approved subject to the following 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 premises may be open for business only between 1200 - 2230 hrs on any day. Reason: To clarify the extent of the approval and to control the impact on those in nearby residential properties.
C 3. This approval relates to the use of the premises for the sale of food or drink for consumption on the premises or of hot food for consumption on the premises (including use as a restaurant, café, wine bar or public house).
Reason: To clarify the extent of the planning approval. 1.5 The premises currently have a Licence to serve alcohol and with a restriction on the playing of background and live music and singing (non-amplified) between 1200 and 2230hrs daily. 1.6 The Micropub has been trading successfully for three years having opened originally as Two Fellas under the ownership of Two Fellas Ltd.
1.7 Miller Inns Ltd was formed and acquired a new lease from the landlord and had the Licensing Court transfer the licence from Two Fellas Ltd to Miller Inns Ltd in September 2020. 1.8 The premises have an excellent working relationship with the Police and Sgt 217 Alan Shimmin was consulted prior to the making of this application. 1.9 There was no opposition to the planning application in 2017 and no opposition to the two applications to the Licensing Court in 2018 and 2020. 1.10 The operator is not aware of any complaints about noise from local residents. Michael Street, whilst having the opportunity for living accommodation on the upper floors of its commercial premises, has relatively few units of living accommodation with none either side of or within the application property. 1.11 The customers of the application premises tend to be mature professional or retired people. There is no television, music system. Any noise is pure conversation. The premises have a fire capacity of 40 which is rarely reached.
2.1 The site lies within the Peel Conservation Area: the building is not Registered and there are no trees, Registered or otherwise on the site. The site does not appear to be at risk of any flooding on the national flood risk mapping.
2.2 The site lies within a wider area of Mixed Use on the Peel Local Plan. The Written Statement accompanying the Plan states that the plan intends to "stimulate and encourage development where appropriate" and refers to Michael Street as "the Retail centre of Peel" but concludes that due to the sensitive nature and originality of the old town's fabric and its status as a Conservation Area, no fixed guidelines should be adopted as to the retail zoning but encourages residential and office as well as retail use of upper floors.
2.3 The existing use is compatible with the Mixed Use designation on the local plan and also with the policies within the Strategic Plan which promote sustainable development as the site is amongst many other commercial uses and where there is a regular public transport service and also within safe and comfortable walking distance of a significant proportion of the town's population. 2.4 Paragraph 8.5.1 of the Strategic Plan states: "the promotion of development in individual villages and towns promotes the interaction of those who live and work there thus promoting the social qualities of life and the provision of social facilities (shops, public houses, cinemas, sporting facilities etc) in an economical and efficient form".
2.5 Paragraph 10.8 deals specifically with retail units and public houses and considers them together: "The loss of facilities such as neighbourhood shops in towns and or village shops and public houses reduces customer choice and can also necessitate people travelling further to meet their needs. This is a particular problem in rural areas where village shops, post offices and public houses can be central to village life. It would be preferable to retain viable facilities, or those that can be made viable and where a change of use or redevelopment is proposed developers will be expected to show evidence of attempts to market the property as a business in these areas." 2.6 Community Policy 4 states: "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." 2.7 Where development is compatible with the development plan, General Policy provides guidance on the detailed considerations which are relevant to the determination of individual development proposals: "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; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (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." 2.7 Environment Policy 22 presumes against development which would result in unacceptable harm to the environment in terms of, inter alia, noise or light pollution. 2.8 Development within a Conservation Area must preserve or enhance the character or appearance of the Area as stated in Environment Policy 35.
2.9 This echoes EP 35 in requiring development to preserve or enhance the character or appearance of the Conservation Area and CA/2 states that:
When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
3.1 Proposed is the variation of condition 2 to remove any restriction on opening times. The purpose of the application is to allow free trading in equality with the other six public houses in Peel. It is unlikely there will be serving past 2330 hrs each night and midnight or more will likely be reserved for Christmas Eve, New Year's Eve and TT. It absolutely is not the intention to become a late night venue although we have that right in law under the Licensing Act 1995. 3.2 The slightly increased hours will mean customers do not have the leave the premises at 2230hrs nor will new customers have to be turned away as happened recently. The condition is having a negative impact on the viability of the business and lifting the condition will allow for the employment of an additional member of staff and be more financially secure.
4.1 The only previous application noted on the Government website is that referred to in 1.3 above. It is relevant to consider other applications for the operation of later night premises and to identify whether they are subject to planning control. 4.2 There are other premises in the surrounding area, particularly around Atholl Place (the various restaurants and take aways and the Royal Public House) which open later in the evening. The Royal Hotel, a public house, operates round the corner on Atholl Street and its published opening hours are 1600 hrs to 0000 hrs Monday to Thursday inclusive and 1200 0000 hrs Friday to Sunday inclusive although a sign currently on the door announces that they currently open at 1500 hrs . 4.3 The Royal India restaurant at 6, Atholl Place was approved under 04/02208/B and was subject, inter alia to a condition which restricts the opening of the premises to customers up to 0000 hrs on any day. There was no condition regarding the times from when the premises may open on any day. The published operating hours are between 1700 hrs and 2300 hrs and is closed on Mondays.
4.4 The premises immediately alongside the Royal India, 4, Atholl Place, are the subject of a current application for conversion of the existing residential use to a hot food take away (Class 1.4) (21/00720/B). No hours of operation are sought in the application. 4.5 The former Hong Kong Delight Chinese restaurant at 2, Atholl Place was the subject of an application for the replacement of the shop front under 89/01564/B which is the only application shown on the Government website for this site. Before closing, this was open 7 days a week, between 1700 and 2330 Sundays to Thursdays and on Friday and Saturdays, was open between 1700 and 0015 hrs. 4.6 The hot food take away (currently Deroni Pizza and Grill) at 3, Atholl Place was approved for this under under 14/00875/B and the hours of operation were extended under 17/00268/B to 0900hrs to 2300hrs daily. 4.7 Pizza Romana on 2, Christian Street, currently opens between 1130 - 1430hrs and 1600-2200hrs. This premises was approved as an amalgamation of a former cafe and shop to form one restaurant under 12/00697/B although this was not implemented and the cafe and shop remain separate. An application in 1999 shows this as a cafe at that time (99/02209/D). 4.7 Permission was granted at 2A, Christian Street for a fast food outlet (89/01989/C) with no conditions restricting hours of operation. This, currently Anatolia Pizza opens between 1630hrs to 2200hrs on Monday, Tuesday, Wendy and Sunday, between 1630hrs and 2245hrs on Thursday and 1630hrs and 0000hrs on Fridays and Saturdays. 4.8 The cafe at 41, Michael Street (on the corner of Atholl Place) had permission for use of the outside space for dining ( 05 / 01855 / \mathrm{C} ) for use only when the cafe was operational. The cafe in turn was approved under 04/02444/B with two apartments above with no restriction on hours of opening. 4.9 Kingsland Chinese Takeway at 16, Michael Street (formerly Creel Chippy) has published hours of operation as 1700 - 2300hrs (closed on Wednesdays). No conditions of operation have been identified for this premises which were described in 06/00099/B for a flue as having been used for hot food takeaway "for some time" and stated in the appeal to have been operational since 1941 and at the time, the applicant indicated that they did not intend to be open beyond 2300hrs and the operation of the proposed fans was conditional upon that time in the evening). 4.10 Duncan's Diner at 20, Michael Street, currently opens between 0900hrs and 1400 or 1500hrs and 1000-1500hrs on Sundays. This was approved as a change of use from a shop to a cafe/restaurant under 89/00145/C with no restrictions on operating hours although a later application for flue works was subject to the flue achieving certain noise levels without any restriction on when they were operational, just how they operated at particular times to take into account the living conditions of those round about. 4.11 The Centenary Centre lies further down Atholl Street on the other side of the road at 22 m Atholl Street, which provides music and theatrical events and whose published operating hours generally do not extend beyond 2215 hrs.
4.12 Currently, the Licensing Act 1995 is the vehicle which controls the sale of alcohol on the Isle of Man. The Department of Home Affairs has recently consulted on changes to the Act. The Act prescribes an application process for the Court to determine whether a premises and those operating it, are suitable and if so, a Licence may be granted. 4.13 In determining an application for a Licence, the Court shall consider, inter alia, "the fitness and character of the applicant" and "the requirements and the circumstances of the neighbourhood in which the premises are situated". Licenses are granted to an individual or company and in respect of individual premises. 4.14 The Act also enables regulations to be made which restricts every Licence, or every Licence of a certain class or relating to a certain type of premises, in respect, inter alia, of the times during which liquor may be sold (Section 9 (2)(e). The Act also makes provision for the licensing of the playing of music and dancing to take place on the premises.
5.1 The application seeks amendment of the approval to allow the premises to be treated the same as the other public houses in the town. Whilst the planning process treats such premises as all the same - ie Class 1.3 can allow a premises to be used as a McDonald's or Wetherspoons or a small, independent operation without the need for any planning approval, licensed premises are subject to additional controls through the Licensing Act where not only the use is controlled but also who is operating it. It is considered that this is a more appropriate method of ensuring that the premises are run properly and without adverse impact on the surrounding area, noting particularly that the consideration of a Licence under the 1995 Act includes consideration of the "circumstances and character of the neighbourhood in which the premises are situated". 5.2 The application of planning conditions is guided by six tests, one of which is that a condition must be necessary and this is often considered in respect of whether there is already other controls which could achieve the same end. In this case, the neighbourliness and acceptable operation of the premises as one selling alcohol is already controlled through the Licensing Act and there is therefore no requirement for a planning condition to duplicate part of this control. 5.3 Both Peel Town Commissioners (Clerk) and the Isle of Man Constabulary were consulted prior to the submission of this application to ensure that there would be no objection to such an application and neither indicated that this would be the case. 5.4 The property sits within a Conservation Area where there is a requirement not only for development to preserve or enhance the character or appearance of the Area but for the special character of the area to be taken into consideration when determining development proposals. In this case, the immediate area is characterised by commercial use with limited residential and where there are various later evening activities - restaurants, public houses and entertainment venues, some of which are controlled in terms of their opening hours but where the public houses generally are not and that control comes currently in the form of the Licensing Act 1995.
5.5 Part of the special character of Peel is that its commercial facilities are concentrated in a relatively small area in buildings which are almost all historic and architecturally interesting, if not as individual buildings then as a collective and in this case, as a streetscape. It is important that in such areas that there is sufficient commercial activity to generate funds to re-invest in the historic fabric to ensure that the historic streetscene which is an essential part of the Conservation Area character is maintained. In many streets residential and commercial, including public houses, sit cheek by jowl seemingly without issue. In this case, there are no residential properties immediately alongside and it is suggested that the relaxing of the operating hours will have no adverse impact on the surrounding area; rather, it will allow a recently established, successful business which is an independent and unique business offering something that is not otherwise found in the town, to flourish and expand in response to customer demand and behaviour. 5.6 We believe that the proposal will completely support the conservation policies and objectives and also those policies which protect the environment and residential amenity and would request that the application is approved.
Drawing number 17/11/02 10-01 Planning Statement
Dec 2017 20th July, 2021
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