**Document:** Planning Officer Report
**Application:** 12/00882/C — Change of use of ground floor cafe to residential
**Decision:** Permitted
**Decision Date:** 2012-07-25
**Parish:** Lonan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/3011-lonan-craigmore-change-of-use/documents/1274638

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# Planning Officer Report

Case Officer: Miss Melissa McKnight Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

## Officer's Report

### The Application Site

1. The application site is the curtilage of Craigmore, a two storey part dwelling and tea room sited on the corner of Tent Road and Old Laxey Hill, Laxey. Tent Road leads south east to The Promenade whilst Old Laxey Hill runs north to Minorca Hill and south west to eventually adjoin the A2 New Road. The shore Hotel sits adjacent to the application site on the western side of Old Laxey Hill.

2. The existing building is finished in a painted render, and has timber framed windows throughout. The application site property is the taller of the properties of Tent Road that is comprised of lower level two storey traditional cottages. 'Glencairn' sits adjacent to the application site and is of a similar height and appearance to that of Craigmooar. The ground floor of the application site property has a tea room and bed and breakfast facility whilst the first floor is residential living space.

### The Proposal

3. The planning application seeks the approval for the change of use of ground floor cafe to residential.

4. The proposal comprises to convert the ground floor tea room and bed and breakfast back into a private dwelling. The guest dining room and tea room will be used a living/dining room. The disabled W.C. will be retained as a W.C. The W.C. is to be changed to a utility room and the staff room and staff toilet on the first floor are to be used as a bedroom and ensuite.

### Planning History

5. The application site has been the subject of two previous planning applications that are considered specifically material to the assessment of this current planning application:

PA 08/01181/R: Additional use for the sale of hot & cold food for consumption off the premises. This previous planning application was permitted.

[Table omitted in markdown export]

PA 06/01498/B: Change of use of existing dwelling to bed and breakfast tourist accommodation with ground floor shop as a tea room. This previous planning application was permitted.

6. The application site has been the subject of one previous Conservation Grant application that is considered materially material to the assessment of this planning application:

02/00007/HB: Grant application for external decoration and replacement windows. This application is now closed.

7. The application site has been the subject of one previous planning enforcement case that is considered specifically material to the assessment of this current planning application:

08/00113/COMP: Use of tea rooms as a fish and chip take away and display of advertising boards. This case is now closed.

### Planning Policy

8. In terms of local plan policy, the application site is within an area recognised as being within Mixed Use of retail, offices and tourism use within Laxey's Conservation Area under the Laxey and Lonan Area Plan Order 2005 Map No. 1. There is one policy within the written statement that accompanies the local plan, considered specifically relevant to the assessment of this current planning application:

**Policy L/CRB/PR/4 states:**

"Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."

9. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application:

**General Policy 2 states:**

"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; (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."

Environmental Policy 35 states:
"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."

Transport Policy 7 states:
"The department will require that in all new development, parking provision must be in accordance with the departments current standards."

For typical residential terraces:
"2 spaces per unit, if not within curtilage then located as close to units as possible without compromising residential amenity.

Parking spaces should not be provided in front of the dwellings where this would result in a poor outlook for residents and would detract from the amenity of the area."

### Representations

10. Laxey Village Commissioners have no objection to the current planning application.
11. The Highways Division have made the following comments on the current planning application:

"No off street parking can be provided for this dwelling in accordance with the IOM Strategic Plan.

Two public car parks are located within walking distance. One on the Promenade (approx 150 mtrs walking distance) and one within the Commissioners Car Park (approx 100 mtrs walking distance).

Taking into account the above this development has no material impact on the Highway."

### Assessment

12. Cafes tend to operate between the hours of 9 to 5 when most local residents would be out at work and would not be affected by the comings and goings of those using the cafe. However this is somewhat reversed during the weekend when the majority of residents would be at home during the cafe opening hours. This is somewhat balanced by the likelihood that the residential unit would operate in the opposite way, i.e. the local residents would be gone throughout the day and would be at the property throughout the evening and at weekends. However, on the whole there is no reason

to believe that the permanent use of Craigmooar as a permanent residential unit would cause an undue impact on neighbouring amenity.

13. The removal of the cafe would most likely reduce the number of comings and goings to the building and therefore the use of the building as a sole residential property would have less impact on the residential amenity of the local residents of Tent Road and Shore Road than the existing cafe use at present.

14. It would appear that Craigmooar would have once been a dwelling. The permanent use of the building as a residential property is judged to have a little impact on the existing building. There are to be no external modifications or alterations and therefore the use of the property as a residential living unit is deemed an acceptable form of development.

15. The proposal would result in the loss of a cafe unit in a location that is designated as a mixture of retail, office and tourism. However, given that there are a number of other food and drink establishments within the locality the proposed removal of the cafe is not considered to be detrimental to the amenity services of Laxey and would not result in a major loss of services.

16. Environment Policy 35 states that development will only be permitted which would preserve or enhance that character or appearance of the Conservation Area. The level and scale of the proposal within this planning application is judged to have a limited, if any, impact on Laxey Conservation Area.

17. Current parking standards for a typical residential property would require two parking spaces, if not within the curtilage then located as close to units as possible without compromising residential amenity. As stated by the Highways Division there are two public car parks within close proximity of the application site. Given the close proximity of the car parking areas, the proposal is in accordance and meets the requirements set out in Transport Policy 7 and Appendix 7 of the Isle of Man Strategic Plan 2007 and is not considered to compromise highway safety or the flow of traffic.

### Recommendation

18. It is recommended that the planning application be permitted.

### Party Status

19. The local authority is, Laxey Village Commissioners, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.

20. The Highways Division is part of the Department of Infrastructure of which the planning authority is also part. As such, the Highways Division should not be afforded separate party status.

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 20.07.2012

## 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 approval for the change of use of ground floor cafe to residential relates to drawings detailing the site plan and drawing number 07/2189/02A all date stamped 18th June 2012 and drawing detailing the location plan dated 19th June 2012.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 24/7/12

### Determining officer (delete as appropriate)

Signed : A. Hsin Anthony Holmes Senior Planning Officer

Signed :
Michael Gallagher
Director of Planning and Building Control

Signed :
Sarah Corlett
Senior Planning Officer

Signed :
Jennifer Chance
Development Control Manager

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*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/3011-lonan-craigmore-change-of-use/documents/1274638*