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The site represents the lower ground level of existing premises situated on the eastern side of Bank Street alongside a rear lane which carries pedestrians from Bank Street to the Quay. The building has an upper floor which has been used up until recently as a shop and a first floor which is used as living accommodation. The upper floor is the subject of PA 07/0363 for the change of use of ground floor to a coffee & pastry bar with heated food on premises.
The site lies within an area designated on the Castletown Local Plan of 1991 and the draft Castletown Area Plan of 2001 as Mixed Use, reflecting the range of uses - restaurants, offices, shops, dwellings - prevalent in the area.
Previously planning permission was sought and granted for the change of use of the lower level from residential to a coffee and pastry bar - PA 05/92299.
Now proposed is the inclusion of warming food on the premises using a microwave and toasting machine. No extraction of fumes or air is proposed.
There are three objections to the proposal. One is on the basis of commercial competition which is not a material planning consideration. The second is in relation to the possible smell from the cooked food which is a legitimate concern as this differs from the permitted use. This objector also makes reference to refuse and traffic which is unlikely to change significantly as a result of serving heated food. The third objection relates solely to fire precautions, commercial refuse and the need for such a facility. Refuse is not likely to change as a result of the serving of warmed food. There may be an increased use of fire through the use of heating equipment although water will need to be warmed to operate the coffee bar which has permission. The applicant will need to take fire precautions under the Fire Division's regulations. The need for the facility is not a material consideration as the premises is within an area designated for Mixed Use and where there are other similar premises.
The advice I have received from Environmental Health suggests that the use as proposed would be required to provide ventilation of the rooms concerned by the Food Hygiene (General) Regulations. The Public Health Act 1990 also requires that the operators of businesses ensure that their business does not cause a nuisance to the surrounding properties.
I cannot see how the heating of food on the premises will cause a nuisance to those in neighbouring properties and as such recommend approval of this application.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The occupants of Seagull Cottage are directly opposite the application property and will be directly affected by the proposal and should be afforded party status in this instance. Similarly, those in 8, Bank Street are also close enough to the application site to be affected and as such should be afforded party status.
The proprietors of 4 to 6 Malew Street object on the basis of commercial competition which is not a material planning consideration and as such party status should not be afforded under clause 2(2)(b) of Government Circular 1/06 - Determination of Interested Party Status.
Recommendation
Recommended Decision: Permitted Date of Recommendation: 23.03.2007 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval
N : Notes attached to conditions R : Reasons for refusal
C 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
C 2. This permission relates to the use of the premises for the consumption of food, included food heated but not cooked on the premises.
C 3. The premises may only be open for business between the hours of 9.30am and 6pm Monday to Saturday and at no time on Sunday.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : 24/09
Signed : M. I. McCauley Director of Planning and Building Control
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