**Document:** Officer Report
**Application:** 14/01459/C — Use of site for a catering business (retrospective)
**Decision:** Permitted
**Decision Date:** 2015-02-12
**Parish:** Michael
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/5538-kirk-michael-car-park-adjacent/documents/914898

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# Officer Report

**Application No.:** 14/01459/C
**Applicant:** Mrs Carolyn Stephenson
**Proposal:** Use of site for a catering business (retrospective)
**Site Address:** Car Park Adjacent To Pennybridge Stables Glebe Farm Main Road Kirk Michael Isle of Man IM6 2HD Case Officer : Miss S E Corlett
**Photo Taken:** 15.01.2015
**Site Visit:** 15.01.2015
**Expected Decision Level:** Officer Delegation

Officer’s Report THE SITE

1.1 The site is part of the yard at Glebe Farm which accommodates Pennybridge Stables - a stables complex located on the north western side of the A3 TT Course at the northern end of Kirk Michael village. The stables complex utilises stables which are both around the yard and on the western side of the former railway line and also a large portal framed building which sits between the yard and the filling station which sits alongside the road. The access in to the yard is to the south of the filling station and there is also an access off the Orrisdale Road, some 230m to the north east of the main access. The fields used to graze the horses associated with the yard lie to the north and west of the yard. Planning approval has been granted for the use of some of the front paddock for camping during TT and MGP practice and race weeks (see Planning History). - 1.2 Visibility at the entrance onto the A3 is good - around 72m to the south and over 100m to the north. THE PROPOSAL

2.1 Proposed is the use of part of the yard to accommodate a catering wagon selling hot food to the visiting public. The wagon will operate from a small patch of grass alongside an existing car parking area and will be available for business between 1700hrs and 1930hrs on Tuesdays, Thursdays, Fridays and Saturdays. The applicant has also provided photographs which show the mobile facility and a tent with chairs and a table. - 2.2 The applicant seeks permission for this to introduce another source of income for the farm/stables, complementing the temporary camp site recently approved. The operating times coincide with the quieter times for the riding school. The opened the catering facility just before Christmas and it was found to be very successful. - 2.3 The fact that the application is retrospective should neither benefit nor disadvantage the applicant. - 2.4 The applicant explains that whilst Pennybridge Stables is the only qualified riding school on the Island and hosts the Island's disability events and works with Government in equine

- therapy, they are struggling to absorb the losses they are incurring due to road closures and the TT which runs right past their premises. Other riding school establishments are not so close to the circuit and are therefore less affected by the racing and the fortnight (Ballachurry in Andreas, Ballavartyn in Newtown, Ballahimmin at Little London, Ballawhetstone in Ballabeg and GGH at The Braaid are all listed in the telephone book but it is not known if all offer riding lessons). They are also aware that since the economic recession licences have been granted to non-qualified instructors and their provision of qualified instructors who are trained in child protection and health and safety and their facilities have been designed and built to very high standards, all costs which are not necessarily borne by all of their competitors. This, combined with generally less disposable income available to people who may be interested in riding have made it very difficult to continue to operate profitably.
- 2.5 They suggest that there are no take away outlets between Peel and Ramsey and they consider that there is a demand for such facilities. Their business is to serve home-made bistro type meals by an experienced chef. There is adequate parking and access is existing without the need for parking on the road or crossing private property. PLANNING STATUS AND POLICY

3.1 The part of the site which will accommodate the catering business lies within the wider area of Open Space to the north of the farm yard. The farmyard itself and access to it lie within the area of Predominantly Residential to the south with a strip of Woodland identifying the line of trees alongside the access. Whilst in a different land use category, the site is visually part of the yard. The land use designation is not considered particularly helpful in the assessment of the application and it is perhaps more important to focus upon the actual impacts of the proposed development. - 3.2 There are no policies within the Strategic Plan which provide advice on the provision of new catering facilities. The Plan welcomes and encourages the provision of local facilities, shops and services and in terms of community centres advises that these should be accessible to non-car users and should where possible re-use existing vacant or underused buildings (Community Policy 2). Retail is directed to established town and village centres with the exception of neighbourhood shops in large residential areas (Business Policy 10). It should be remembered however that this is not a permanent facility nor does it propose any permanent built structure. PLANNING HISTORY

4.1 Pennybridge has been the subject of various applications for equestrian-related development, none of which is considered relevant to the consideration of the current application. The campsite was approved under PA 14/01001/B. - 4.2 Interestingly, in the last twelve years the only planning application for a mobile catering operation was also in Kirk Michael, operating a take away service once a week between 1545hrs and 2130hrs from land alongside Frederick House, on the Main Road alongside Mull View. REPRESENTATIONS

5.1 Michael Commissioners indicate that they do not object to the application (09.01.15). - 5.2 Department of Infrastructure Highway Services indicate that they do not oppose the application (13.01.15). ASSESSMENT

6.1 The critical issues in this case are whether there are any adverse impacts from the operation of the business in terms of impact on highway safety and that on the amenities of

- those in adjacent property. Also it is relevant to consider whether the operation of the mobile business would adversely affect the viability of other operations.
- 6.2 The site has a large area where vehicles may be parked whilst waiting and the visibility from the entrance is good with enough forward visibility and width within the lane to satisfactorily accommodate the additional traffic resulting from the proposed development.
- 6.3 In terms of the viability of other operations, the other catering facilities in the village are provided the Mitre Public House which is identified on the local plan as "Mitre Hotel". The other retail premises within the village are designated as "works" (Kirk Michael Motors and mowers), "Michael Car Centre", "Res/retail" in the case of the roadside properties on both sides of the road, some of which are or were until relatively recently in commercial use general store, butcher, stove sales, hairdresser, chemist and including other properties which are not in commercial use and which are largely residential. As such, the impact which the proposed operation could have on existing facilities is limited, and perhaps is supported by the earlier application for the mobile catering facility on Main Road.
- 6.4 It is relevant that the local authority does not raise any objection, which helps support the view that the operation will not adversely affect local facilities or businesses.
- 6.5 The application is recommended for approval. PARTY STATUS

7.1 The local authority is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. - 7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d.

Recommendation Recommended Decision: Permitted Date of Recommendation:

02.02.2015

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 approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- C 2. The mobile catering operation may be operational on the site only between 1700 - 1930hrs on Tuesdays, Thursdays, Fridays and Saturdays.

-----------------------------------------------------------------------------------------------------------This approval relates to the plans and photographs received on 31st December, 2014.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 11.02.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed : Michael Gallagher Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management

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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/5538-kirk-michael-car-park-adjacent/documents/914898*