**Document:** Officer Planning Report
**Application:** 07/01951/C — Change of use from shop, workshop store with residential flat over, to office and stores with residential flat over
**Decision:** Permitted
**Decision Date:** 2008-01-24
**Parish:** Lonan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/84104-lonan-27-29-new-change-of-use/documents/1513222

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# Officer Planning Report

## Planning Report And Recommendations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Considerations ### Written Representations ### Consultations

### Officer's Report

## THE APPLICATION SITE AND PLANNING APPLICATION

The application site comprises of no.s 27 and 29 New Road in Laxey.

The planning application comprises of the change of use of the building from shop and workshop store with residential flat over to office and stores with residential flat over.

## PLANNING HISTORY

Whilst the application site has been the subject of a number of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.

REPRESENTATIONS Laxey Village Commissioners have no objections to the planning application. The Department of Transport Highways Division have deferred comment pending the undertaking of a traffic assessment. The Isle of Man Fire and Rescue Service recommend that the applicant contact them to discuss the provision of appropriate fire precautions. The Isle of Man Water Authority requests that an informative note be attached to any approval decision notice.

## Planning Policy

In terms of land use planning the application site is located within an area that is designated as mixed use (residential/retail/office) under the Laxey and Lonan Area Plan Order 2005. It is also located within a Conservation Area. The Laxey and Lonan Area Plan Order 2005 contains four policies that are considered specifically material to the assessment of this current planning application:

### Policy L/COMM/PR/1 states:

"Within those areas in Laxey designated as mixed use, the following uses may be permitted where the Department can be persuaded that such a use will not be detrimental to adjacent land users and where such a use will not be detrimental to adjacent land users and where such a development may be satisfactorily serviced:

- Retailing
- Offices
- Residential
- Tourism
- Doctor's/Dentist's/Health Surgery"

### Policy L/COMM/PR/3 states:

"Office use may be permitted in those areas designated for 'mixed use'. Office use may also be permitted within existing buildings throughout the study area outside areas of mixed use where it can be demonstrated that:

1. the building in question is of architectural interest and that the use of the building or part of the building will assist in the renovation and/or maintenance thereof and
2. where adequate car parking is available (preferably on site) to accommodate staff and visitors' which may be generated by the use of any other part of the building for other purposes and
3. the proposed use will not be detrimental to the amenities of adjacent land users and
4. the use of the building for offices will not significantly alter the appearance or character of the building or the site in which the building is situated."

### Policy L/RES/PR/1 states:

"Residential development will generally only be approved within the study area in those areas designated as proposed and existing residential. In particular, in the case of Agneash no further dwellings will be approved although, as will be the case in areas zoned as residential, alterations and extensions to existing property may be accepted if such proposals are sympathetic to the character and appearance of both the building to the be altered and the surrounding area in general."

### 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)."

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

### 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;
- (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."

Business Policy 7:

"New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space

- (a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or
- (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance."

### Assessment

The planning application seeks approval for the change of use of the building from shop and workshop store with residential flat over to office and stores with residential flat over.

In terms of the application the proposed change of use accords with the land use designation of the site and the various planning policies within the Laxey and Lonan Area Plan Order 2005. The applicant's agent has responded to the representation from the Department of Transport Highways Division by providing information setting out the available car parking within the area and general transport/access arrangements. It is considered that this response suitably addresses the issues raised by the Department of Transport Highways Division and demonstrates that car parking and access arrangements to serve the proposal are acceptable.

The proposal is considered to be acceptable and it is recommended that the planning application be approved.

### Party Status

It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:

Laxey Village Commissioners; and

The Department of Transport Highways Division.

It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

The Isle of Man Fire and Rescue Service; and The Isle of Man Water Authority.

[Table omitted in markdown export]

I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control)

Decision Made : Permitted Date : 23.1.1.05

Signed : _________________________
M. I. McCauley
Director of Planning and Building Control

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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/84104-lonan-27-29-new-change-of-use/documents/1513222*
