**Document:** Officer Planning Report Recommendations **Application:** 05/92299/C — Change of use of lower ground floor from residential to a coffee & pastry bar **Decision:** Permitted **Decision Date:** 2006-03-24 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/79985-malew-bank-house-change-of-use/documents/1461687 --- # Officer Planning Report Recommendations ## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations Mrs Susan Pickard ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] ### Policy ### Officer's Report The site represents the curtilage (footprint) of an existing building which is situated on the eastern side of Bank Street. The property lies within an area of Mixed Use on the Castletown Local Plan which was approved by Tynwald in 1991. The property is presently used as a shop on the ground floor and residential on the lower ground floor which is accessed from the rear alleyway. The local plan provides for the use of the property for commercial purposes. Proposed is the use of the lower ground floor as a coffee and pastry bar. There is an objection from the occupant of 10a, Bank Street which sits opposite the access to the coffee bar. They described how the most recent tenants of the application property have moved in and whilst quiet their presence has adversely affected the privacy and amenities of their own property. They are also concerned about increase deliveries and traffic (pedestrian and vehicular). They suggest that "the planning and commissioners" should get together and put bollards at the harbour side to present parking there. This is a responsibility of the Department of Transport and the local authority, not the Planning Office. There is also representation from the Fire Prevention Officer who recommends consultation with them regarding fire safety. There are recommendations from the Disability Access Officer regarding provision for disabled persons. There are also recommendations from Isle of Man Water Authority regarding supply (standard note 24). There are no views from the Department of Transport or Castletown Commissioners. The proposal would accord with the land use policies of the local plan and would introduce a facility of interest and use to local people and shoppers, which should be supported. The critical issues are the impact which the proposal will have on those living and working alongside. There is an objection from the property opposite, whose occupants appear to be concerned with the residential occupation of the unit as well as the potential nuisance from the proposed café use. There is no proposal for any flues or ventilation and as such the proposal will not involve cooking which could cause a problem of smell nuisance for neighbours. The access to the property already provides access for the public to go past the application site and its neighbours to and from the harbourside. The use of the premises as a cold food café will generate comings and goings by staff before and after opening hours but these are unlikely to be longer or much more intensive than if the property were to be used for residential use as it presently is. There is a mix of uses – shops, residences, cafes, offices within Castletown's town centre and one impact of this is the interface between visitors and residents and the resultant lower levels of privacy and seclusion for people living in such a location. I am not satisfied that the proposed use would significantly or adversely affect the amenities of those living around it. Any approval should be conditional upon hours of operation being restricted to between 9am and 8pm. The applicant's agent has confirmed that this would be acceptable and that the actual hours are more likely to be 10 to 5.30. It may be more appropriate to curtail my suggested hours to 9.30am to 6pm. ### Recommendation ## 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 use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time. C 2. This permission relates to the use of the premises as defined in drawing reference 05/70/01 received on 2nd December, 2005 for the sale of cold and hot drinks and coldfood to be consumed on the premises. No approval is hereby granted or implied to the cooking of any food on the premises or to the installation of any ventilation or extraction equipment. C 3. The premises may only be open for business between the hours of 9.30am and 6pm Mondays through Saturdays, and at no time on Sunday, 22/3/06 N 1. No approval is hereby granted to the installation of any signage or advertising. Such proposals must be the subject of a further planning approval under the Advertisements Regulations before any such installation. N2 SN2 Consult CFO I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer) Decision Made: Permitted Date: 22/3/06 Signed: 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/79985-malew-bank-house-change-of-use/documents/1461687*