**Document:** Planning Officer Report **Application:** 11/01472/C — Change of use of premises to a cafe/tearoom and retail **Decision:** Permitted **Decision Date:** 2011-12-05 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/1751-rushen-tower-buildings-change-of-use/documents/1257073 --- # Planning Officer Report ### Officer's Report [Table omitted in markdown export] #### Introduction 1. This application seeks permission for the change of use to shop and café/tearooms in an area zoned as Mixed Use identified on the Port Erin Local Plan 1990. The application is considered to be acceptable and in accordance with the relevant policies of the Isle of Man Strategic Plan. #### The Site 2. The application site is the curtilage of Tower Buildings, Strand Road, Port Erin which is a three storey end of terrace property on a corner plot, with basement accommodation below. 3. The application is dealing with the ground floor and basement levels, which the existing use is not known, at present it appears to be vacant. The existing use of the upper floors is unknown. 4. The site is situated to the southern side of Strand Road, it is on the corner where Strand Road and a rear service lane which serves some of the properties on Strand Road. #### The Proposal 5. The application seeks approval for the change of use of the ground floor and the lower ground floor to a shop and café/tearooms. The ground floor would be used for the café/tearooms; the lower ground floor would be used for the shop and toilet facilities. 6. This application does not include works to the external appearance of the property. #### Planning History 7. The application has had a previous application in 1998 for the installation of replacement windows. There have been no recent previous planning applications for the site. #### Development Plan Policies 8. The application site is in an area zoned as "Mixed Use" identified on the Port Erin Local Plan 1990. It is appropriate to consider General Policy 2 and Business Policy 9 of the Isle of Man Strategic Plan (20th June 2007). Policy 2.5 of the Port Erin Local Plan Written Statement should also be considered. 9. General Policy 2 Development which is in accordance with the land-use zoning and proposals in the appropriate Area 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; - (d) Does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; - (e) Does not affect adversely public views of the sea; - (f) Incorporates where possible existing topography and landscape features, particularly trees and sod banks; - (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; - (j) Can be provided with all necessary services; - (k) Does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; - (l) Is not on contaminated land or subject to unreasonable risk of erosion or flooding; - (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. 10. Business Policy 9 The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment. 11. Policy 2.5 of the Port Erin Local Plan Written Statement Any further retail development should be directly related to the central area and the existing developments as described above. Renovation of empty shops in Strand Road should be seen as part of any expansion of the retail sector. ### Consultations 12. Highways Division do not oppose as it has no adverse traffic management, parking or road safety implications. 13. Port Erin Commissioners recommend that the application be approved ### Assessment 14. The main issues to consider in the assessment of the application are 1) land-use compatibility 2) impact to character and appearance of the street scene 3) impact to neighbouring properties. #### Land-use compatibility 15. The application site is in an area zoned as "Mixed Use", the proposed change of use to a shop and café/tearooms is considered to be an acceptable use and is in accordance with the land-use designation identified on the Port Erin Local Plan. #### Impact to character and appearance of the Street Scene 16. Whilst no works to the external appearance of the property are included in this application, it is considered that the use of the building alone would have a positive impact on the character and appearance of the street scene. 17. There are a number of vacant shops in Port Erin, some situated on Strand Road. It is considered that the use of this vacant unit would contribute to the overall vitality of Port Erin. Impact to neighbouring properties 18. The proposed use is similar to a number of properties along the promenade, there is also a café situated to the western side of Strand Road. Given that the proposed use is similar to the other properties it is considered that the proposal would not adversely affect the amenities of those properties in terms of noise and additional visitors. 19. For the above reasons the application is considered to be acceptable and is recommended for approval. ## PARTY STATUS 20. The local authority, Port Erin Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. 21. The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 23.11.2011 ### 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 Change of Use of premises to a cafe/tearoom and retail as shown in drawings 1563-01 received 20th October 2011. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager. Decision Made : Permitted Date : 23.11.2011 Signed: **Sillis H. Le** Michael Gallagher Director of Planning and Building Control OR Signed: **Jennifer Chance** Development Control Manager --- *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/1751-rushen-tower-buildings-change-of-use/documents/1257073*