DEC Officer Report

Application No.: 23/00786/C Applicant: Mrs Juliette Sinclair Proposal: Additional use of existing retail unit to run Baking/Decorating workshops Site Address: Shop 2 Captain Cannons House 7 Michael Street Peel Isle Of Man IM5 1HA Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 22.09.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. For the avoidance of doubt, approval is granted for the following uses only:

• o Use Class 1.1 solely
• o Baking and Decorating Workshop solely
• o Combination of Use Class 1.1 and Baking and Decorating Workshop together.

No approval is given for any other use or activity falling within Use Classes 4.3 or 4.4 of the Town and Country Planning (Use Classes) Order 2019.

Reason: The application has been assessed purely on the basis of the use of the existing and additional use of the premises hereby approved.

This application has been recommended for approval for the following reason.

Subject to a condition relating to use classes, the proposal is considered to have acceptable visual, amenity, and highway safety impact in line with General Policy 2 and Environment Policy 35 of the Strategic Plan (2016), and therefore recommended for approval.

Plans/Drawings/Information;

This approval relates to the following information: Location Plan 1:1250 2 x Site Plan 1:500 Site photographs Covering letter and supporting information

• - all date stamped and received 01/09/2023

Floor Plans Covering Letter and supporting information

• - both date received 25/07/2023. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site relates to an existing retail unit Shop 2, No 7, Michael Street, Peel.

2.0 THE PROPOSAL - 2.1 Planning permission is sought for additional use of the retail unit to run baking and decorating workshops. - 2.2 The application was provided with the following information submitted by the applicant within their supporting statement, summarised as:

• - the business is already established
• - starting with adult classes, they have more recently expanded to include workshops for children
• - they work in partnership with other local organisations such as Yn Chrunnaght and Culture Vannin, and feature at local events with bilingual Manx workshops. Their events often taking place in church halls.
• - they feel their proposal will benefit Peel by providing a venue for bespoke events like tailored experiences or cupcake parties, bringing people to the centre and also visiting other local shops.
• - Opening hours; these will be for private and pre-planned bookings. Workshops will be held with small numbers, and will run with a similarly relaxed nature no earlier than 10am and no later than 9pm, and only applied if sessions are booked. Outside of this the shop being vacant except for the applicant.
• - Other neighbouring business such as Co-op and Shoprite operate between 8am 9/10pm, while the Chinese operates from 5pm-11pm. There are many other 9am-5pm businesses too.
• - There is no intention to have music or alcohol licence.
• - There is one parking space to the rear for the applicant only. Michael Street is pedestrian only in the daytime. The shop is easily reached by public transport and there are major car parks in close walking distance.
• - The proposal is in keeping with the ethos of the Island Plan, 5 interrelated policies being, 1. Building great communities, 2. Health and wellbeing, 3. Strong and diverse economy,

• 4. an environment to be proud of, and 5. outstanding lifelong learning and development opportunities.

3.0 Planning History

3.1 Approval was recently granted for a change of retail unit to a leisure facility for the teaching of mixed martial arts (jujitsu) under 23/00387/C. - 3.2 The main shop of No. 7 was converted under PA 00/01058/B into two separate shops. This also include creating three apartments and a dwelling to rear.

4.0 Planning Policy

4.1 The site lies within an area zoned as ''Mixed Use' in the Peel Local Plan, and within the Conservation Area. General Policy 2 of the Strategic Plan 2016 requires development, amongst other things, to be of a suitable design to respect the site and surroundings and not adversely affect landscape or townscape character; to safeguard the amenities of surrounding properties and ensure adequate highway safety and parking provision. Environment Policy 35 requires development in conservation areas to either preserve or enhance character and appearance of that area. - 5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Peel Town Commissioners - no response received at the time of writing. - 5.2 Department of Infrastructure Highway Services - Do not oppose - (05/09/2023 and 12/09/2023) - no significant negative impact upon highway safety, network functionality and /or parking due to the proposals being in the sustainable centre of Peel with controlled and available parking for visitors.

6.0 ASSESSMENT 6.1 The proposed change of use would not result in any external alterations to the existing unit, and therefore the character and visual amenity of the immediate streetscene and indeed the wider Conservation Area would not be visually changed and thus remains preserved visually.

6.2 The site falls within an area zoned for 'Mixed Use', which comprises a wide range of different uses, including retail, food and drink, hot food takeaways, offices, leisure, and residential. Given the plethora of different uses in this area and the already established comings and goings, it is not considered that the additional baking and decorating workshop would result in any material change to the general mixed use area, and the level of activity and noise would be no more apparent than the operation of those surrounding shopping, leisure and eateries in this street, and having an acceptable amenity impact on neighbouring properties including residential.

6.3 No objections have been received from Highway Services with respect to the proposals. Spatial and strategic policies seek to direct this type of development to town centres such as Peel where there is already existing infrastructure. There is one designated car parking space to be used by the applicant, but visitors to the site will need to rely on public car parking or public transport just as the existing situation for the existing retail use. The proposal is considered to have acceptable highway impact on this basis and in line with General Policy 2 (h and i). - 7.0 CONCLUSION

7.1 The proposed additional use of the existing retail unit to include baking and decorating workshop is considered to be acceptable, without detriment to the amenities of surrounding properties or the safety and operation of the local highway network, in compliance with General Policy 2 and Environment Policy 35 of the Strategic Plan (2016), and therefore recommended for approval.

7.2 The proposal is not strictly listed in any of the Use Classes, but includes some element of people gathering for events akin to those uses Listed in 4.3 and the provision of instruction akin to the nature of some uses listed in 4.4 Assembly and Leisure. For the avoidance of doubt approval will be for the baking and decorating workshop element only and not allow swapping between any of the used uses in 4.3 or 4.4 of the Use Classes Order.

7.3 It is not considered that a condition be added restricting hours of operation as there is little difference in impact between its current and proposed use in this specific case and given that the site is within an area designated as Mixed Use where there is expected level of activity including later businesses such as takeaways and public houses. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 29.09.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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