**Document:** Officer Planning Report **Application:** 07/02246/C — Change of use for Bay 3 to a permanent cafe **Decision:** Permitted **Decision Date:** 2008-03-10 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/84536-braddan-tt-grandstand-change-of-use/documents/1520089 --- # Officer Planning Report ### Considerations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Written Representations ### Consultations ### Officer's Report #### Site The application site forms Bay 3 of a recently renovated unit below the TT Grandstand. The site is zoned as an area of buildings for civic, cultural and other special use, particular in relation to TT Grandstand, in the Douglas Local Plan. #### Proposed Development The application is seeking permission to change the use of the bay from a multi-purpose unit to a permanent café. ## Planning Policies Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2. ## Planning History The following previous application is considered relevant in the consideration of this application: PA 06/1678/B – Enclosure of open bays below existing grandstand to form multi-purpose units, for use associated with events – granted on 22nd December 2006 Condition 3 of the planning permission states that "The units shall only be used as temporary retail/café and refreshments/hospitality suites/office accommodation/storage facilities and workshops in association with events held at the TT Grandstand." ## Representations Douglas Corporation and the Highways Division of the Department of Transport do not oppose the application. Mr Skinner of 6 Berkeley Street has objected to the application on the grounds that the proposal is contrary to what the premises were originally given approval and funding for. Another café within Nobles Park is unnecessary and not required as it is currently served with more than adequate facilities. He also contends that "the unit is large enough to house a permanent café and if applications 07/02245/C and 07/02248/C were to be approved along with this would inevitably give rise to an increase in vehicular traffic and the potential for accidents occurring between vehicles entering the area and pedestrians walking outside with food and drinks including other park users." Furthermore, he states that organisers vary the direction of traffic in certain areas of the Grandstand complex during their events and if approved it would give rise to complications for customers to the area leading to a possible conflict between retailers, the Department of Tourism and event organisers. He is also concerned about whether the development would need ducting and how it would be achieved. The Society for the Preservation of the Manx Countryside and Environment questions the need for the facility and whether it will be viable. They also question whether there are traffic considerations. The Society is concerned but accepts that there may be a case for encouraging such development. Standard comments have been received from the Isle of Man Fire and Rescue Service. ## Assessment In respect of the principle of the development, the application site is zoned as an area of buildings for civic, cultural and other special use. In 2006, an application was submitted to enclose the open bays below the grandstand to form multi-purpose units, which was granted planning permission on 22nd December 2006. A condition was attached stipulating the type of uses which could be operated from the units for events held at the TT Grandstand. The uses were restricted to a temporary basis so as to ensure they are not used on a permanent basis. This was to ensure that non conforming uses, i.e. retail shops, are not located outside the main retail centres on a permanent basis. A temporary café use was allowed under the previous planning permission. This current application is proposing to change the use of this bay into a permanent café. The café use would be available during any events held at the TT Grandstand and would be a complimentary use to Nobles Park during the rest of the year. In respect of the comments from Mr Skinner regarding whether the use is necessary and required due to the fact that Nobles Park is currently served with adequate facilities, is not a material planning consideration. In respect of the pedestrian safety concern during events, it is considered unlikely that the proposed use would give rise to complication for customers conflicting with traffic movements within the locality during events as the area is marshalled during such times. Furthermore, the Highways Division of the Department of Transport have not objected to the application. ### Recommendation It is recommended that planning permission be granted subject to the conditions in the attached schedule. ### Party Status The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. Whilst the Isle of Man Fire and Rescue Service represents a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance. Mr Skinner, 6 Berkeley Street, given his distance from the application site is not granted Interested Party Status under the provisions of Planning Circular 1/06. The Society for the Preservation of the Manx Countryside and Environment do not have sufficient interest in the application to be afforded party status. In summary, it is considered that the following parties who submitted comments accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status: - Douglas Corporation - Highways Division of the Department of Transport Accordingly the following parties are not afforded interested party status: - Isle of Man Fire and Rescue Service - Mr Skinner, 6 Berkeley Street, Douglas - Society for the Preservation of the Manx Countryside and Environment ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 13.02.2008 ### 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 change of use of Bay 3 into a permanent cafe (use class 3) as shown in drawing number K147/P/10-02 date stamped 5th December 2007. N 1. The applicant is advised to consult the Fire Safety Department to discuss the fire precaution for the proposal. Decision Made : ... Committee Meeting Date : ... --- *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/84536-braddan-tt-grandstand-change-of-use/documents/1520089*