DEC Officer Report

Application No.: 19/01284/C Applicant: Mr Alan Capon & Mrs Shang Chen Proposal: Additional use of guest house as a restaurant Site Address: Athol Park Guest House Athol Park Port Erin Isle Of Man IM9 6EX Principal Planner: Miss S E Corlett Photo Taken: 02.12.2019 Site Visit: 02.12.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 20.02.2020 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No meals may be served to the public after 2200hrs on any day.

Reason: to ensure that the restaurant does not adversely affect the living conditions of those in neighbouring property.

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

The development is considered to accord with the provisions of General Policy 2 in respect of impact on the neighbouring properties and highway safety and not to have an adverse impact on the vitality of the village centre as stated in Business Policies 9 and 10.

Plans/Drawings/Information;

This approval relates to the plans and information submitted on 11th November, 2019 and the parking survey submitted on 23rd December, 2019.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Fairfield, as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).

_____________________________________________________________________________ Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE DEVELOPMENT COULD BE CONSIDERED CONTRARY TO THE LAND USE DESIGNATION ON THE AREA PLAN

THE SITE

1.1 This site is a terraced, three storey property situated on the southern site of Athol Park. The property is one of a terrace of eight traditional properties, seven of which lie to the east and one more modern one which adjoins to the west. - 1.2 The building is a three storey Victorian building with a projecting three storey bay, the same as its neighbours. - 1.3 The building has plastic framed casement windows throughout, like all of the windows in the terrace and has its original timber door frame. Kentraugh, the property at the northern end of the terrace has a more modern frame and door where the plastic frames have a flat profile and the door is solid plastic with a round headed glazed feature in the upper part. The property next to this, Greenfold, has its original door frame but with a plastic door with two vertical glazed lights in the upper part. Alongside this, Fairfield previously had a plastic door in a timber frame but recently this has been replaced (without permission) with a plastic frame and this is the subject of a current retrospective application (19/01218/B) which was approved. To the immediate south of the application property, Norwood has a flat, plastic framed and a similar door to that in Greenfold. To the south of this all of the properties have retained their original door frames, some having more modern doors but all in timber. The newer frames are flatter and do not have the decorative details or profile of the originals. - 1.4 The property had until recently a plastic sign above the central front ground floor window announcing "Anchorage". Recently, and without permission, a sign has been erected above the front door announcing the name of a restaurant. Another sign was also in place to the right of the front gate, announcing "Anchorage Guest House Bed and Breakfast". Advertisement consent has recently been refused for this (19/01285/D). THE PROPOSAL

2.1 Proposed is the change of use of the property from a guest house which accommodated ten bedrooms and which provided meals for its guests, to a guest house with a restaurant on the ground floor along with a sitting room and kitchen. The layout shows eleven tables seating 30 persons at any one time. The restaurant would be open to non-guests. - 2.2 The applicants state that there are no other Chinese restaurants in Port Erin, Port St. Mary, Colby or Castletown and they will not operate a take-away facility. They will not be opening "late into the evening" as they do not wish to upset their guests or neighbours. No hours of

• operation are given but they subsequently indicated that they would serve food no later than 2200hrs (see below).
• 2.3 The existing property has ten bedrooms over the first and second floors with a separate bathroom on the first floor that may be available for diners. On the ground floor there is a dining area in the front half of the building with a sitting room and kitchen to the rear separated by a toilet.
• 2.4 There are to be no internal changes to the building, only its use where as well as guests staying at the guest house using the dining facilities, the public may also be able to dine here. They suggest in the past the guest house served breakfast, lunch and evening meals. They intend to stop serving meals by 2200hrs partly as later dining may affect their guests. Diners may choose to smoke outside, as may guests but the table in the front garden area is located as far from Fairfield as is possible, separated from that property by the entrance stair and from the neighbour by plants. They have no intention of serving food outside. They advise that the steps are lit by strips under the capping on the left hand side and the light does not illuminate adjacent property. They are not going to operate a take away services and suggest that their cooking times will not be as long so the impact will not be the same as for a take away where food has to be available as long as customers may visit the premises.
• 2.5 They suggest that the application has been advertised sufficiently through the site notices and the local press and the siting of the notice was protected from the wind.
• 2.6 A parking survey has been provided which indicates the numbers of available parking spaces between 1800hrs and 2000hrs and the applicant is confident that there is space available at lunch times.

PLANNING POLICY

3.1 The site is within a wider area of residential use on the Area Plan for the South adopted in 2013 and within the village's proposed Conservation Area. As such, General Policy 2 of the Strategic Plan is applicable as follows:

"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:

• (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; (g) does not affect adversely the amenity of local residents or the character of the locality".

3.2 There are no policies in the Strategic Plan which advise on restaurants although there are policies which relate to retailing which is generally in a separate Use Class to retail, although in some town and village centres, it is now possible to change between retail and café/restaurant use without needing planning approval. The Area Plan for the South adopted in 2013 refers to Port Erin as having a retail area which stretches from the supermarket on Bay View Road and the parade of shops on Orchard Walk, across Church Road and Station Road, and down Strand Road to the Lower Promenade. It notes that "whilst there are often vacant units, and a number of seasonal shops, the range of services is varied and the overall character lively" and "6.22.3 There is more potential within Port Erin to accommodate further convenience shopping. There are places within the Mixed Use area which are under-used but have real potential. Opportunities exist to enhance the built environment and comparison shopping facilities and the Department will support proposals which will achieve these goals. The Development Brief for Site 21 (Land Opposite the Cherry Orchard Hotel) highlights the importance of making the best use of sites in the Mixed Use area."

3.3 The Strategic Plan encourages retail development generally to be located in town and village centres:

• Business Policy 9: "The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment."
• Business Policy 10: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5."

3.4 As the site is in a residential area in terms of land use designation and character, General Policy 2 of the Strategic Plan is relevant as follows:

"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:

• (c) does not affect adversely the character of the surrounding landscape or townscape;

• (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".

Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The Plan recommends that in the case of town centre shops space for service vehicle use should be provided and for neighbourhood shops spaces for staff, customers and service vehicles will be required.

PLANNING HISTORY

4.1 The property has been the subject of applications for replacement windows and doors and is currently the subject of an application for the signage above the door (19/01285/D). REPRESENTATIONS - 5.1 Port Erin Commissioners resolve to support the application although they have concerns about the impact of the development on car parking, but note that there are car parks available in the vicinity. They request a condition which requires the restaurant to be closed to the public by 2200hrs each day (17.12.19).

5.2 Highway Services initially expressed concern but latterly raised no objection based upon the applicant's parking survey which indicates that there is adequate parking available (19.02.20). - 5.3 Manx Utilities raise no objection subject to conditions which relate to the provisions of the Sewerage Act 1999 (11.12.19). - 5.4 An objection has been received from the owner of Fairfield, which site immediately alongside the application property, stating that they have been there for over 20 years and they are aware that the application property has been used as a bed and breakfast for many years. They consider the change of use to a public restaurant in a predominantly residential

• area is totally out of keeping with the area due to the increase in visitors and as there is an outside seating area which is likely to be used by smokers and possibly diners this would have an adverse impact on their privacy. They note that the steps are steep and that there is no access for wheelchair users. They comment on the illuminated sign which is the subject of another current application. They refer to a number of other Chinese take aways in the village with one being only 50 yards away. The refer to the kitchen being at the rear of the property and the use will create smells and noise and delivery vehicles creating congestion at the rear and creating additional parking and access problems. They are aware of residents of Glen View Terrace complaining about the noise and smells from the extractor associated with the existing take away near them. They refer to potential group parties arriving by taxi or mini bus departing late in the evening will be unsettling and not a peaceful home that they currently enjoy. They refer to the site notices being stuck on the front door and not being clearly visible from the public highway.
• 5.5 The applicant provides a response to some of these concerns and has also provided a parking survey.

ASSESSMENT

6.1 The issues in this case are whether the introduction of a restaurant use would detract from the vitality of the village centre and whether the use would have any adverse impact on the living conditions of those in adjacent residential properties or highway safety.

6.2 It is relevant that there is already a dining facility on the site which would have similar if not the same impact on smell and activity albeit that the restaurant may increase the amount of comings and goings and the times of cooking. Guests may well come and go at the times of operation of the restaurant as well as later and for this reason it is not considered that there would be a significant impact on the neighbouring properties in terms of smell and activity nuisance. It is relevant that only one household in this terrace has objected to the application and the proposal has the support of the local authority. It is also relevant that it is not in the operator's interests to create noise or disturbance which would affect their own guests within the property. - 6.3 There would appear to be sufficient car parking available to service the restaurant given the parking survey and likely times of operation. - 6.4 Whilst the location is not within the centre of the village, it is not far from this and in an area which once had guest houses which attracted comings and goings and the provision of meals for guests. It is not considered that the location of the restaurant here, alongside the existing catering facilities of the guest house, will have a detrimental impact on the village centre.

CONCLUSION

7.1 The development is considered to accord with the provisions of General Policy 2 in respect of impact on the neighbouring properties and highway safety and not to have an adverse impact on the vitality of the village centre as stated in Business Policies 9 and 10. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : …Permitted……….... Committee Meeting Date:…02.03.2020 Signed :S CORLETT

Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

PLANNING COMMITTEE DECISION 02.03.2020

Application No. : Applicant : Proposal : Site Address :

19/01284/C Mr Alan Capon & Mrs Shang Chen Additional use of guest house as a restaurant Athol Park Guest House Athol Park Port Erin Isle Of Man IM9 6EX

Principal Planner : Miss S E Corlett Presenting Officer As above Addendum to the Officer’s Report The Planning Committee approved the application at its meeting of 2nd April, 2020 subject to condition 2 being amended as follows:

No meals may be served to the public after 2200hours on any day and for the avoidance of doubt, the premises may not trade as a take away facility.

Reason: Reason: to ensure that the restaurant does not adversely affect the living conditions of those in neighbouring property.

Conditions of Approval

• 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. No meals may be served to the public after 2200hours on any day and for the avoidance of doubt, the premises may not trade as a take away facility.

Reason: to ensure that the restaurant does not adversely affect the living conditions of those in neighbouring property.

This application has been recommended for approval for the following reasons(s)

The development is considered to accord with the provisions of General Policy 2 in respect of impact on the neighbouring properties and highway safety and not to have an adverse impact on the vitality of the village centre as stated in Business Policies 9 and 10.