**Document:** Officer Report and Recommendation **Application:** 12/00915/C — Additional use of existing retail shop as a tea room **Decision:** Permitted **Decision Date:** 2012-08-01 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/3043-malew-9-11-malew/documents/1275193 --- # Officer Report and Recommendation Case Officer: Miss Laura Davy Photo Taken: 17.07.2012 Site Visit: 17.07.2012 Expected Decision Level: Officer Delegation ## Officer's Report ### Introduction 1. This application seeks approval for the additional use of existing retail shop as a tea room. The application is considered to be acceptable and is in accordance with the relevant policies of the Isle of Man Strategic Plan. ### The Site 2. The application site is the curtilage of 9-11 Malew Street, Castletown, these are two separate retail units which are part of the row of terrace properties along the western side of Malew Street. Both properties are three storey in height but the application only applies to the ground floor of both units. 3. Unit 11 is currently used as a boutique dress agency, Unit 9 is currently vacant. The shop fronts for both Unit's 9 and 11 are both fairly new but have taken the character and appearance of the area into account in terms of the design. ### The Proposal 4. The application seeks approval for the additional use of the unit as retail premises and tea room. No external alterations are proposed as part of this application. 5. The proposed hours of operation are 9am until 5pm Monday to Saturday and 10am until 4pm on Sundays. ### Planning History 6. The previous planning applications are not considered specifically material in the assessment of the current application. ### Development Plan Policies 7. The application site is in an area zoned as "Mixed Use" identified on the Castletown Local Plan 1990. It is also in the Castletown Conservation Area. It is appropriate to consider General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan (20th June 2007). 8. 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; [Table omitted in markdown export] 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 the 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. 9. Environment Policy 35 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. CONSULTATIONS 10. Highways Division have responded: Meets relevant highway policies and standards 11. Castletown Commissioners recommend approval ASSESSMENT 12. The application site is in an area zoned as "Mixed Use" therefore the proposed use would be in accordance with the land use zoning identified on the Castletown Local Plan. 13. The existing unit is used as a boutique and dress agency, the additional use of the unit is considered to be compatible with the existing use. The proposed additional use of the site would not adversely affect the amenities of the neighbouring units and would not have an impact on the appearance of the street scene. 14. For the above reasons the application is considered to be acceptable and is recommended for approval. PARTY STATUS 15. The local authority, Castletown 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. 16. 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:** 27.07.2012 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: 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 additional use of existing retail shop as a tea room as shown in drawings Location Plan, Site Plan and Floor Plan received 25th 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:** 3/7/12 ### Determining officer (delete as appropriate) Signed: A. H. H. Signed: _________________________ Anthony Holmes Sarah Corlett Senior Planning Officer Senior Planning Officer Signed: _________________________ Signed: _________________________ Michael Gallagher Jennifer Chance Director of Planning and Building Control 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/3043-malew-9-11-malew/documents/1275193*