**Document:** Officer Planning Report **Application:** 05/92348/C — Additional use of premises as a cafe **Decision:** Refused **Decision Date:** 2006-06-01 **Parish:** Michael **Document Type:** report / officer_report **Source:** https://planningportal.im/a/79936-ballaugh-one-stop-shop/documents/1461262 --- # Officer Planning Report ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations Mr C Morris ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] At present there is a very limited area in front of the shop for car parking, and now that the proprietors have recently taken on the running of the village Post Office, this has added to the parking problem outside the shop. Should this application for a cafe be approved, this would further add to the parking problems. The Commissioners request that the applicant be directed to submit a further plan to indicate where the toilet facilities are to be provided for use by customers of the cafe, and following such receipt, the commissioners will then give the application further consideration. [Table omitted in markdown export] [Table omitted in markdown export] **Consulttee:** Disability Access Officer **Notes:** Entrance should be accessible to an unassisted wheelchair user. Where fixed furniture is to be used the layout should have sufficient free space as to allow an unassisted wheelchair user to manoeuvre and at least one table should have sufficient clearance as to accommodate the arms of a wheelchair. All serving counters should contain at least one section suitable for wheelchair users. Where public toilet facilities are provided this should include the provision of a disabled toilet. --- ### Officer’s Report #### Description Of Application Site - The application site relates to a single storey retail shop situated on the western side of Station Road within Ballaugh Village. - The shop has recently started operating the village post office from the property. - To north of the application site is the residential Greystones - To the south of the application site is Ballacrosha House. - The application site is within a predominately residential area. #### Proposal - The proposal is to provide a café within the existing retail shop. - The applicants have indicated there is no plan to install an extraction system, as one is already in use - Two extra members will be employed - The hours of operation for the cafe would be 9am to 5pm #### Relevant Planning History - 03/01727/A – Approval in principle for the erection of an extension to form staff accommodation – Granted 20.02.2004 - 01/01943/B – Conversion of attic to create flat and alterations to shop Granted 26.02.2002 - 94/01581/B – Alterations to provide new rear store – Granted 24.03.1995 - 86/00402 – Erection of a double-sided, illuminated, projecting box sign #### Development Plan Policies - Isle of Man Planning Scheme (Development Plan) Order 1982 - Isle of Man Strategic Plan (Modified Draft) 2004; GP2; EP27; BP8; TP4; TP6(page 85); TP6(page 86) #### Statutory Consultation Responses - Ballaugh Parish Commissioners have made the following comments: - Commissioners are opposed to the development because insufficient information has been forwarded to indicate where any toilet facilities are to be located and an extra area for car parking. - At present there is very limited area in front of the shop for car parking and now that the proprietors have recently taken on the running of the village Post Office, this has added to the parking problem outside the shop and should this application for a café be approved, this would further add to the parking problems. - Commissioners request that the applicant be directed to submit a further plan to indicate where the toilet facilities are to be provided for use by customers of the café, and following such receipt, the commissioners will then give the application further consideration. - Highways Division of DoT – The applicant does not include details of the parking provision for the long stay customers who will use the proposed development. This is to ensure the provision of satisfactory vehicle parking arrangements. ### Public Responses - Press notice were posted on 22.12.2005 and 02.03.06 - Representations have been received from the disability access office, IOM Fire and Rescue Service, IOM Water Authority and the occupier of Ballacrosha House. - IoM Water Authority have made the following comments: - For changes in the supply to a premises (domestic or commercial) the applicant should contact the IoMWA Byelaws Inspector. - IoM Fire and Rescue Service have recommends that the applicant consults the fire safety department to discuss the fire precautions. - The Disability Access Office have made the following comments: - Entrance should be accessible to an unassisted wheelchair user - Where fixed furniture is to be used the layout should have sufficient free space as to allow an unassisted wheelchair user to manoeuvre - Where fixed furniture is to be used, at least one table should have sufficient clearance as to accommodate the arms of a wheelchair - All serving counters should contain at least one section suitable for wheel chair users. - Where public toilet facilities are provided this should include the provision of a disabled toilet. - The occupier of Ballacrosha House, Station Road have made the following comments: - I live right next door to the shop and feel that there is more than enough traffic and chaos caused by the shop already and that yet another facility like the café would cause even more! - Especially during the summer months when the tourist trade is up e.g. TT and Manx Grand Prix fortnights - It must be noted that the safety of pedestrians in the village is crucial and should always come first but this will be tested if extra traffic is situated around the shop. As a parent and living next door the pedestrian safety is a great concern to me. - Parking outside the shop is also a concern as space is limited; we have already got problem with delivery vans and lorries not having allocated spaces to unload. They then either block the road or our vehicle access. Creation of the café will cause more of the above. ### Issues - The application site is the sole retail use on Station Road. The building is surrounded by residential properties. The Class 3 use would not cause any significant harm to the residential amenity of the neighbouring properties through noise and odour, as the proposed hours of operation are 9am and 5pm. This can be regarded to be normal working hours when the majority of people are out at work. I therefore consider the use is not incompatible with the residential uses. - In respect of highway safety, there is technically no provision of off street parking at the shop. There is a forecourt to the front of the property. However, vehicles using the forecourt tend to overhang the highway. - Currently customers using the shop tend to park immediately on the public highway of Station Road. This can involve parking nearer to the junction of Station Road with the TT Course and in front of adjoining residential properties. - The shop has recently taken over the Post Office franchise. This use generates its own traffic movements and adds further pressure to the parking situation in the locality. - The proposed café use would encourage people to stay in the area for longer periods of time and thus allows vehicles to be parked on the highway for longer periods. - The applicant has not included any details of the parking provision for the long stay customers who will use the proposed development. - In my view the additional use will result in an increase in the frequency and number of vehicles visiting the premises to an undesirable degree thereby adding to the already unsatisfactory parking situation and thus increasing the problem of traffic congestion and the potential accident hazard. Therefore any parking in the Station Road and nearby residential streets would be detrimental to the free flow of traffic and road safety and the amenity of the occupiers of nearby properties. ### Conclusion I therefore recommend that permission be refused for the above reasons. ### Party Status I consider that the following should be granted party status due to them being a statutory consultee or meet the criteria of Government Circular 1/06: - Ballaugh Parish Commissioners - Highways Division of the Department of Transport - The occupier of Ballacrosha House, Station Road. I consider that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status: - The Fire Safety Officer of the IOM Fire and Rescue Service; and - IoMWA ### Recommendation **Recommended Decision:** Refused **Date of Recommendation:** ### 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 R 1. The proposed additional use of the retail shop as a café would be contrary to the Isle of Man Planning Scheme (Development Plan) Order 1982 in that no provision can be made for adequate and safe off street parking of customer vehicles. Therefore, such vehicles are likely to be parked on the public highway of Station Road, to the detriment of the free flow of traffic and road safety and the amenities of the occupiers of nearby properties. **Decision Made :** Refused **Committee Meeting Date :** 25/5/06 17 May 2006 05/92348/C Page 5 of 5 --- *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/79936-ballaugh-one-stop-shop/documents/1461262*