**Document:** Officer Planning Report **Application:** 08/01266/REM — Reserved matters application to erect a retail unit with accommodation above **Decision:** Permitted **Decision Date:** 2008-10-27 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/86234-malew-ballabeg-stores/documents/1236477 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report #### The Site The site represents a roughly square shaped piece of land on the south western corner of the main road (A7) as it passes through Ballabeg and opposite its junction with the B42 Grenaby Road. The site accommodates a former shop building and vehicular parking to one side. The shop has been closed for some time. #### Planning Status The site is defined on the Arbory and East Rushen Local Plan as Retail, reflecting its then current use. Planning policies within the Written Statement aim to make provision for the expansion of the shop and to provide car parking, possibly involving re-development of the site. The policy states: "ENCOURAGEMENT AND SUPPORT WILL BE GIVEN FOR ANY REASONABLE PROPOSALS TO EXTEND OR REPLACE THE EXISTING SHOP IN BALLABEG. SUCH EXTENSIONS OR REPLACEMENT MUST TAKE PLACE ONLY WITHIN THE AREA IDENTIFIED AS DEVELOPMENT AREA 18. ANY PROPOSAL FOR SIGNIFICANT ALTERATIONS OR EXTENSIONS OR REPLACEMENT OF THE SHOP MUST INCLUDE PROVISIONS FOR CAR PARKING AND MUST REPRESENT A VISUAL IMPROVEMENT TO THE EXISTING FACILITY." The accompanying development brief includes a requirement for the provision of car parking as an integral part of any development proposals. Development Area 18 extends from the existing curtilage of the shop as far west as the small car parking area opposite the village hall. ### Planning History Planning permission was sought for the extension of the shop under PA 89/1339. This was refused on review for reasons relating to the appearance of the extended structure. Planning permission was then sought for the principle of the re-development of the site to provide a new shop with flat above. This permission, PA 06/0347 required that the application for reserved matters demonstrate the provision of at least one parking space off road together with a lay-by, all of which must be discussed with the Department of Transport prior to the submission of any application. Also, a condition was attached to require that the shop is accessible by disabled persons, the new building must acknowledge the traditional style and materials of the majority of properties in the village and its prominent position within the streetscene. ### The Proposal The present application states that it is both a full, detailed application and one for matters reserved from PA 06/0374. The site as defined in red is the same as that of the 2006 application. The building is styled as a large traditional house with dormer windows, five vertically proportioned windows on the first floor and a large shop window, central door with canopy above in the centre of the ground floor and a curved headed vehicular access serving an integral parking area to the right of the front door. On the rear, there is to be an external stained access, a small balcony and three large rooflights. The roof is pitched at 45 degrees an finished in slates. The windows are to be uPVC sash style windows. Following discussion with the applicant, the scheme has been amended to improve the appearance of the building, bringing the proportion and massing more in line with vernacular architecture and modifying the details to present a more consistent and attractive building. The rear staircase is now a stone faced solid structure, imitating a barn style external stair, the windows are more uniform in size and arrangement on the rear elevation, the roof pitch has been reduced to 40 degrees and the windows on the front elevation have been enlarged and are arranged uniformly within the elevation. ### Representations The Isle of Man Fire and Rescue Service recommends liaison in respect of the Fire Precautions (Flats) Regulations 1996. This is separate legislation which requires to be satisfied and as such should not be referred to in any decision notice. Arbory Parish Commissioners indicate that they have "no comments to make". Department of Transport Highways and Traffic Division raise no objection providing one parking space is provided. Department of Transport Drainage Division raise no objection subject to conditions regarding connection to the foul sewer (the application proposes to do this) and that no surface water is discharged to the main sewer as is indicated in the application. ### Assessment The changes which have been undertaken to the scheme all result in a much more attractive building which will sit sympathetically into the streetscene. The retention of a village shop in Ballabeg is an important element of village life and the inclusion of living accommodation within the site will not only make the scheme more viable and therefore likely to be undertaken, but will also provide supervision of the shop premises when it is not operational. The scheme makes provision for a lay-by at the front of the site for visitors and also there is a parking space beside the building in the form of an open car port. It is considered that the development will be a welcome one within the village and should be permitted and satisfies the requirements of the local plan and the approval in principle. It is important that the scheme is not compromised by alteration or extension or that visibility for those entering or exiting the site in a vehicle is not compromised and as such the provisions of the Permitted Development Order as it applies to new buildings, extensions and alterations, should be suspended. ### Party Status 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 points raised by the Isle of Man Fire and Rescue Service are the responsibility of the Building Regulations and as such this party should not be afforded party status in this instance. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 23.10.2008 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This permission relates to the erection of a replacement shop with living accommodation above with parking all as shown in drawing 318-01b received on 22nd September, 2008 and the location plan received on 27th June, 2008. C 3. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2005 (or any Order revoking or re-enacting that Order) no extensions, greenhouses, walls, gates, fences, garden sheds, summerhouses, flag poles, decking, garages, or tanks for the storage of oil for domestic heating shall be erected (other than those expressly authorised by this approval.) C 4. The windows in the first and attic floor living accommodation and all windows in the side elevations must be sliding sash as shown and described in the application and retained as such in perpetuity unless otherwise authorised by the Planning Authority. I confirm that this decision accords with Government Circular No 49/08 (Delegation of Functions to S.P.O.) Director of Planning and Building Control) Decision Made : Permitted Date : 23/10/08 Signed : D.B. A. M. I. McCauley Director of Planning and Building Control --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/86234-malew-ballabeg-stores/documents/1236477*