Loading document...
==== PAGE 1 ====
21/00976/C Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00976/C Applicant : Mrs Margaret Cowin Proposal : Change of use of public house to a residential dwelling Site Address : New Inn New Road Laxey Isle Of Man IM4 7HS
Senior Planning Officer: Mr Jason Singleton Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 12.11.2021 __
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. 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) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
C 3. 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), no garages or other free standing buildings shall be erected within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
C 4. 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), no garden sheds or summerhouses shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
==== PAGE 2 ====
21/00976/C Page 2 of 6
Reason: To control development in the interests of the amenities of the surrounding area.
C 5. 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), no greenhouses or polytunnels shall be erected or placed within the curtilage of the dwelling(s) hereby approved, other than that expressly authorised by this approval, without the prior written approval of the Department.
Reason: To control development in the interests of the amenities of the surrounding area.
This application has been recommended for approval for the following reason. The proposed application for a change of use to residential would be supported by according with General Policy 2 of the Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to drawings and supporting information submitted on the 9th August 2021. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS REFERRED TO COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE SITE 1.1 The application site comprises a parcel of land and the building formerly known as the New Inn free house and adjacent car parking located on the southern side of New Road in Laxey.
1.2 The character of the area here is a mix of residential with some retail shops / offices to the west and opposite the site is a mix of residential and the free house, the Queens hotel and car park.
2.0 THE PROPOSAL 2.1 Proposed is the change of use from Public House (class 1.3) to residential property (class 3.3). There are no external alterations to the property being proposed only internal reconfiguration to reflect the change of use.
2.2 The application is supported with an existing and proposed floor plan. At present the building is lived in, albeit in part and the ground floor remains laid out as a public house/ bar.
3.0 PLANNING POLICY 3.1 Local plan policy, the application site is within an area recognised as Predominately Residential on Map 7 Laxey as part of the Area Plan for the East (TAPE). The site is not within the Laxey Conservation area but is directly opposite. The site is not at risk as flooding as identified on the 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 Strategic Policy 1: Development should make the best use of resources by:
==== PAGE 3 ====
21/00976/C Page 3 of 6
(a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and reusing scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services.
3.4 Strategic Policy 2 New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3.
3.5 Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement
3.6 Spatial Policy 3 (in part) The following villages are identified as Service Villages; Laxey
3.7 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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;
3.8 Environment Policy 36 Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area.
3.9 Environment Policy 43 The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition.
3.10 Housing Policy 4 states (in part): New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions of these towns and villages where identified in adopted Area Plans.
3.11 Paragraph 10.8 'Retention of Existing Local Shops and Public Houses' that precedes Community Policy 4 states;
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 re-development is proposed developers will be expected to show evidence of attempts to market the property as a business in these areas.
==== PAGE 4 ====
21/00976/C Page 4 of 6
3.12 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 14/00349/B - Replacement of Public House with four detached dwellings with associated parking. Initially refused by Planning committee (despite an officers recommendation to approve) and Approved at appeal with 9 conditions, (relating to removal of PD rights, details for retaining walls, implementation of parking spaces, hardwood details, material samples, and boundary wall details) and upheld by the then Minister dated 23 January 2015.
4.2 The application (14/00349/B) proposed the demolition of the existing public house and erect four, two storey detached dwellings on site with associated car parking.
5.0 REPRESENTATIONS (in brief - full reps can be read online) 5.1 Garff Parish commissioners commented (06/09/21) with no objections. 5.2 Highways Services have commented (26/08/21) with no objection 5.3 There have not been any comments received from the neighbouring properties.
6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of this planning application are; (i) the principle of development (St1, St2, Sp3, Gp2a, HP4, St10) (ii) the visual impact of the proposed development on the character and appearance of the area and that of the Conservation area opposite (Gp2b,c, EP43, Ep36) (iii) Impact on the neighbouring amenity(Gp2g) (iv) Loss of community facility (Cp4)
6.2 (i) Principle The starting point here is the land designation, TAPE identifies the land for residential development as it does the existing properties in the area and streetscene. As such the principle for residential development on this land is acceptable for residential development. Considering the policy narrative from the Strategic Plan here, Strategic Policy 1 and 2 directs new development into existing named towns and villages where existing services can be utilised.
6.3 As Laxey is a named Service village in Spatial Policy 3 this would allow for future development subject to it being able to respect the character of the area and meet the housing needs of the Island. It can be agreed that this part of Laxey is within an existing village and would be considered to accord to Strategic Policy 1, 2, as a sustainable site within a designated village to develop. This approach is further echoed within HP4. By virtue of the designation of the site within an existing village and the site fronting onto an existing highway (A2), it would be considered to comply with Strategic Policy 10(a)-(d) which aims to promote integrated transport network. As such the principle of residential use on this site is supportable in accordance with the aforementioned policies.
6.5 (ii) Visual Impact The application does not propose any material alteration to its elevations or to the existing car park to the east of the building. The use as residential would not be out of character where that could impact the setting through domestication of the building / land, as many of the surrounding properties that front onto the Main Road are residential and this aspect would comply with GP2b,c. The continued use as residential would ensure the building is habitable and a degree of upkeep is maintained to help retain the visual appearance of the building which would slightly contribute to regeneration of this part of the streetscene, in accordance with EP43.
==== PAGE 5 ====
21/00976/C Page 5 of 6
6.6 The use and the lack of any material alterations to the external elevations would not be considered to have any detrimental impact on the character of the streetscene nor would it be considered to detrimentally affect the important views in and out of the Laxey Conservation area opposite, in accordance with Ep36.
6.5 (iii) Neighbouring amenities With regard to the above, the level and scale of development proposed are considered to be relatively minor and not judged to cause harm to the enjoyment of the neighbouring amenity. It is further noted we have not received any objections or comments from the adjoining neighbours and the local authority do not object. On balance, these aspects would be considered to be compliant with those sections of General Policy 2(g).
6.6 (iv) Loss of Community Facility The topic of the loss of pubs / community facilities on the island is an important consideration and there has been a number of refusals that has seen the proposals for redevelopment or demolition of public houses across the Island. In this case it is important to consider the previous planning history from 2014 that permitted the loss of the public house and subsequent demolition and the inspectors' determination.
6.7 The case officer at the time wrote in respect of community Policy and the loss of the pub in their report at paragraph 6.3 and 6.4 where it says;
6.8 "6.3 - In this respect, and following a request from the case officer, the applicant has submitted 2012 correspondence from their accountant that states that profitability has declined every year recently, that the business is no longer viable and that it would be uneconomic for the business to continue. Correspondence to previous applications also highlights that the viability of many small public houses is decreasing and many are closing. While this provides a clear statement that the applicant's accountant considers the use is no longer commercially viable, it is noted that this is not accompanied by any supporting evidence (i.e. accounts, etc.). Nor does it make a compelling case that a new landlord could not make the business viable as no marketing information (i.e. how much the property has been marketed at; for how long; whether any incentives were issued; whether the property has been marketed for a different community use such as a shop, etc.) has been provided".
6.9 "6.4 - However, as the application site is located opposite another existing public house, the Queens Hotel, it is reasonable to conclude that the loss of the existing public house should not adversely affect the provision of facilities for the local community. As such, it is considered unnecessary to require further justification and appropriate to accept the loss of the New Inn public house. It is noted that a similar view was taken in respect of the previous applications on this site. Overall, the basic principle of the residential development of the application site is concluded to be acceptable".
6.10 It is further noted the planning inspector report falls somewhat silent on the matter and only provides a summary narrative but focuses on the highways issues and ground stability. The only reference made in the inspectors report is at paragraph 22 where he states "that the town is well provided with licensed premises and no issue arises in this case regarding closure of the public house or to the principle of residential redevelopment which accords with the land use zoning in Laxey and Lonan Local Plan 2005, or to the scheme's appearance".
6.11 It is noted on the application form the applicant stated the property was last licensed in 2012, this would corroborate with the details submitted as part of the previous planning application and the premises hasn't re-opened since. Opposite the application site is an operating free house, and within walking distance in the village are a number of other licensed premises that remain open to the public. Reflecting on the previous planning history, the character of the area, the current land zoning and the lack of general objection to the proposal, the principle for the loss of this building as a community facility / free house would not be considered any differently than the previous applications. It could have been a different
==== PAGE 6 ====
21/00976/C Page 6 of 6
outcome had other premises ceased trading in the area but as the village is well serviced in this sector its loss could be supported in this instance.
7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the planning application to change the use of the building would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body 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: 29.11.2021
Signed : S BUTLER 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.
Copyright in submitted documents remains with their authors. Request removal