**Document:** Officer Planning Report Recommendation **Application:** 08/01181/R — Additional use for the sale of hot & cold food for consumption off the premises **Decision:** Permitted **Decision Date:** 2008-11-14 **Parish:** Lonan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/85705-lonan-craigmore-tea-rooms/documents/1590668 --- # Officer Planning Report Recommendation **Application No.:** ** 08/01181/R ** **Applicant:** ** Mr R F Pressley ** **Proposal:** ** Additional use for the sale of hot & cold food for consumption off the premises ** **Site Address:** ** - Craigmore Tea Rooms - Tent Road - Laxey - Isle Of Man - IM4 7DB ### Considerations **Case Officer:** Mr Chris Balmer ** **Photo Taken:** ** Mr R F Pressley ** **Site Visit:** ** Planning Committee ### Written Representations - **Thie Ny Mara Shore Road Laxey Isle Of Man** - Objects to the proposal - Insufficient parking - Increase in traffic - **The Old Post Office Old Laxey Hill Laxey IM4 7DA** - Interest expressed - **Calex Properties Ltd 28 Mines Road Laxey Isle Of Man** - Objects to the proposal - Increase in traffic - Too much noise - Insufficient parking - **3 Shore Road Old Laxey Isle Of Man IM4 7DJ** - Objects to the proposal - Too much noise - Increase in traffic ### Consultations - **Consultee:** Highways Division - **Notes:** - **Consultee:** Laxey Commissioners - **Notes:** No objection - **Consultee:** Drainage Division - **Notes:** Comments ## Officer's Report ### The Application Site The application site is the curtilage of Craigmore Tea Rooms, Tent Road, Laxey, which is a two storey, attached property, located on the southern side of Tent Road and the eastern side of Old Laxey Hill. ### Planning Policy The application site is within an area of 'Mixed Use' (retail, office, tourism) under the Isle of Man Planning Scheme (Laxey and Lonan Area Plan) Order 2005, hereafter referred to as the Laxey and Lonan Area Plan. The site is also within a Conservation Area. - Laxey and Lonan Area Plan - L/CP/PR/1 - The Isle of Man Strategic Plan (20th June 2007) - General Policy 2 ### Planning History The following previous planning application is considered relevant in the assessment and determination of this application:- Change of use of existing dwelling to bed and breakfast tourist accommodation with ground floor shop as a tea room - 06/01498/C - APPROVED ### Proposal The application seeks approval for the additional use for the sale of hot \& cold food for consumption off the premises. The take-away service will operate the same hours of opening as the tea room, 9am till 5pm. ### Representations Laxey Commissioners:- "No objection" The Department of Transport Highways Division:- "Do not oppose" The Drainage Division makes no comment on the merit of the proposed development but request that an informative note be attached to any approval decision notice. The owner/occupier of 3 Shore Road, Old Laxey, has objected to the application which can be summarised as: does not currently impinge on the quality of life, however, should trade increase so would the noise levels (particularly at night), traffic congestion and cooking smells. Calex Properties LTD of 28 Mines Road, Laxey, (leaseholder of the Shore Hotel, Laxey) have objected to the application which can be summarised as: safety issues due to the existing road junction and the already difficult junction with very restricted vision and vehicles parking outside for the "take out" facility would make this worse; impact through additional noise and food smells to the area; increase in litter which is currently served by only one litter bin; increase in parking in our privately owned car park (adjacent to the application site) would affect our custom as people would not visit if they can't park; members of the public using the outdoor facilities of the Shore Hotel for either a drink or to consume food purchased on the premises may be inconvenienced by being subjected to people bringing in food from the tea rooms and using up tables that are intended for their use; and public liability which we currently provide for the clientele of the Shore Hotel, people not using the pub could affect our potential liability and hence future premiums. The owner/occupier of The Old Post Office, Old Laxey Hill, Laxey, has objected to the application which can be summarised as: concern not with the principle but concern with the potential extension of the opening hours and increase in traffic to the area; no parking facilities on this corner; pavement outside my property is already use for parking; and the smell of cooking already causes inconvenience as I have to keep windows closed when cooking takes place. The owner/occupier of Thie-Ny-Mara, Shore Road, Laxey, has objected to the application which can be summarised as: I almost had a head on crash on the blind bend just before the Craigmore Tea Rooms due to a car having to overtake two parked cars parking on the double yellow lines whilst the owners were having meals or picking up takeaways; and there are already a number of takeaways in the area. ## Assessment Due to the zoning and proposed use of the site the following planning policies are relevant:- In respect of car parking requirements in Conservation Areas policy L/CP/PR/1 of the Laxey and Lonan Area Plan Order 2005 states: "In the interests of conserving the traditional character and appearance of the area the Department will adopt a flexible approach to the requirement for car parking in association with existing property inasmuch as where it is possible to provide car parking for the use of the building concerned the Department will expect the provision of parking for residents in the case of residential property and staff and customers in the case of commercial property. However, where the provision of car parking would be detrimental to the appearance or character of the area, car parking standards may be relaxed." ### 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." The main issue with this proposal is the impact upon the highway, due to no off-street parking spaces being provided within the application site. Currently the site operates as a tea room and a bed and breakfast. Parking is provided either along Shore Road or Tent Road or by the public car park located along Laxey Promenade 130 metres to the southeast. The concern with this proposal relates to people parking directly outside the tea room while waiting for their take-away. It is considered that the current business of the tea room and bed and breakfast would not create this concern, as people who are eating / drinking in the tea room or staying at the bed and breakfast, are likely to be more willing to park further away from the site. This is compared to someone who would only be ordering / picking up a take-away or going into a shop for a newspaper etc., who would be more likely to park directly outside the takeaway / shop, perhaps on the double yellow lines, which according to one of the objectors this has already occurred. There are some potential spaces directly outside 1, 2 & 3 Glen Roy Cottages which are on the opposite side of the road to the tea room as well as parking along Tent Road and Shore Road, all of which are within 50/60 metres away from the site. It is considered that the proposed take-away service would not generate a significant amount of people coming to the site at any one time and would more likely only attract local people and tourists. Discussing the application with the Highway Division, they have indicated that they are currently undertaking traffic measures in Laxey and are in discussion with Laxey Commissioners for further traffic measures (double yellow lines etc.). The Highway Division have no objection to the proposal. They have discussed with the Department the possibility of approving the application on a 12 month basis, so that an assessment/observation can take place over this period, to see the impact of visitors of the take-away on the public highway in this locality. It is considered this approach would give a more detailed impact of the development and if the applicant wishes to continue the takeaway service after the 12 month period they would be required to re-submit an application for the use as a take-away service on a permanent basis before the 12 month period expires. It could be argued that the proposal would be unlikely to have a detrimental impact upon highway safety in the area, given the number of legal on-street parking spaces within close proximity of the site; the fact that the premises would only be open during business hours when most of the residents will be at work and therefore when there are more on-street parking spaces; and as the proposed scale of the take-away service would be unlikely to generate a significant number of customers at any one time. However, in light of the concerns expressed by local residents it might be considered appropriate to add a condition which gives a temporary permission for a 12 month period for the reasons indicated previously. In terms of impact on the living conditions of neighbouring residents the operation of the take-away service during the existing opening hours of the tea room is unlikely to have any material adverse effect. ### Recommendation Overall, it is considered the proposed use for a 12 month period only at this stage would be the most appropriate form of action to determine the full potential impact of the takeaway service over this period. On this basis the application is recommended for approval. ### Party Status It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: - The Department of Transport Highways Division - Laxey Commissioners - The Drainage Division 3 Shore Road, Old Laxey 5 November 2008 08/01181/R ## Recommendation Recommended Decision: Permitted Date of Recommendation: 05.11.2008 ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
0 : Notes attached to refusals C 1. This approval relates to the additional use for the sale of hot \& cold food for consumption off the premises as proposed in the submitted documents and drawings 07/2189/01, 0601/03A and 0601/02 all received on 18th June 2008. C 2. This approval, which relates to the additional use for the sale of hot \& cold food for consumption off the premises, is valid for a period of 12 months from the date of the approval. After that time the use of the sale of hot \& cold food for consumption off the premises must cease or a new planning application be submitted prior to the expiry of the 12 month period for the use on a permanent basis. C 3. The take-away service may operate for business only between 09:00 hours and 17:00 hours daily. N 1. Under section 6 of the Sewerage Act 1999 there must be 5000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000 5 November 2008 08/01181/R Page 6 of 6 --- *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/85705-lonan-craigmore-tea-rooms/documents/1590668*