DEC Officer Report

Application No.: 21/00897/B Applicant: Miller Inns Ltd Proposal: Variation of condition 2 of PA 17/01263/B to remove any restriction on opening times for the premises to be used as Class 1.3 (Food and Drink) Site Address: 33 Michael Street Peel Isle Of Man IM5 1HD Senior Planning Officer: Mr Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.09.2021 _________________________________________________________________

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. 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.

This application has been recommended for approval for the following reason. The proposal is considered to comply with General Policy 2 and Environmental Policy 22 & 35 and Business Policy 1 of the Isle of Man Strategic Plan 2016 and therefore acceptable.

Plans/Drawings/Information; This approval is related to drawings and supporting information submitted on the 21 July 2021. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the curtilage of 33, Michael Street, a two storey building situated on the northern side of Michael Street which is the main pedestrianised retail area in Peel. The property has a full height glazed shopfront with glass doors in the centre and glass above. Above this, on the first floor are two timber framed sliding sash windows and above that, a flat roofed dormer with casement windows either side of a single glass pane. The ground floor is currently used as a fully licensed micro pub / restaurant with a planning condition limiting the hours of operation from 1200 - 2230. (see planning history)

2.0 THE PROPOSAL - 2.1 Proposed is a variation of condition 2 of PA 17/01263/B to remove any restriction on opening times for the premises to be used as Class 1.3 (Food and Drink). The agent notes that the removal of the condition will allow free trading in equality with the six other public houses in Peel. It is unlikely there will be serving past 2330 hours each night but on occasions they may exceed this on notable dates, ie Christmas Eve, New Year 's Eve or during TT and MGP.

- 3.0 PLANNING POLICY

3.1 The application site is within an area recognised as "Mixed Use" identified on the Peel Local Plan 1989. It is also within the Peel Conservation Area. The site is not identified as being within an area of flood risk on DoI's flood risk maps. - 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application. - 3.3 General Policy 2 states (in part) 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;

3.5 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. This echoes the provision of Planning Policy Statement 1/01, policy CA/2, which states: "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. - 3.6 Environment Policy 22 (in part) Development will not be permitted where it would unacceptably harm the environment

and/or the amenity of nearby properties in terms of: (iii) vibration, odour, noise or light pollution.

3.7 Business Policy 1 The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.

- 4.0 PLANNING HISTORY

4.1 17/01263/B - Conversion of a retail unit (Class One) to a public house (Class Three). APPROVED.

• 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.
• 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.
• 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.

- 5.0 REPRESENTATIONS

5.1 Peel Town commissioners were wrote to on the 30th July 2021 and at the time of writing no comments had been received.

5.2 Highways Services have commented (11/08/21) with no objection. - 6.0 ASSESSMENT

6.1 The main consideration is whether the additional hours of the bar / restaurant opening hours are acceptable to neighbouring amenities. In this case the site is within a town centre location where a number of existing take aways', restaurants and pubs which have similar operating periods. The current operating restrictions which you would expect premises to operate under and are generally governed under the Licensing Act 1995 which controls the sale of alcohol, and music licenses in accordance with the character of the area and those properties surrounding the site and perceived impact upon the neighbourhood.

6.2 The original hours of operation which were included in application 17/01263/B where times indicated by the applicants, rather than the Department insisting on these times.

6.3 It is not considered the variation to remove the hours of operation are unreasonable and with no objections received it is considered the proposals would be appropriate for a restaurant / bar in this location. - 7.0 CONCLUSION

7.1 For the above reasons, it is considered the proposal would have no significant impact upon public or private amenities and therefore comply with the relevant planning policies of the Isle of Man Strategic Plan 2016 and the Peel Local Plan. - 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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 08.10.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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