Officer Report

Application No.: 17/00541/B Applicant: The Courtyard Limited Proposal: Variation of condition 2 of PA 16/00207/B, to extend the permitted hours of operation to 9am-11.30pm Mon-Thurs, 9am-12.30am FriSat, 10.30am-10.30pm Sunday ### Site Address: 6 Arbory Street Castletown Isle of Man IM9 1LJ Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation

Officer’s Report THE SITE

1.1 The site is the footprint of 6, Arbory Street, a two storey traditional unit with a former estate agency on the ground floor. The building has the Callow's Yard style pillastered shop front with a central door and large windows on each side. - 1.2 There are other hot food take away premises nearby - The Curry Club and I love Kebab (operational until 2230hrs) on the same side of the street and the Kowloon House outlet (operational from 1130 - 2330hrs) on the other side of the street. The Union Public House sits on the other side of the road closer to the market square (open until 2300hrs Sundays to Thursdays and until 0000hrs on Fridays and Saturdays). THE PROPOSAL

2.1 16/00207/B approved the conversion of the ground floor of the building from the estate agent's to a hot and cold food take away also including a retail use of the premises to enable flexibility in its use and marketing. The external changes to the building included the installation of two vent ducts at the rear of the building above eaves level. Internally the building will have a cooker, sink and customer counter. 17/00484/B is currently seeking approval for the installation of a cooking flue at the rear of the unit. - 2.2 The current application seeks approval for the alteration of the opening hours from the approved which was between the hours of 0900hrs to 1730hrs on any day to 0900 - 2330 Monday to Thursday, 0900 - 0030 Friday and Saturday and 1030 - 2230 on Sundays. - 2.3 The existing hot food take away and restaurants in the Courtyard complex were approved with no restriction on operating hours (09/00610/B). PLANNING POLICY

3.1 The site lies within an area of Mixed Use on the Area Plan for the South of 2013 and within Castletown's Conservation Area. Paragraph 6.1.2 describes "The majority of the retail provision in the South is within the existing settlements. Most of this is located in the Service Centres of Castletown and Port Erin both of which offer some comparison and convenience retailing." It goes on at 6.6.1 "In order to achieve town and village centres which are attractive, viable and full of vitality it is essential to encourage a mix of different uses to locate within the Mixed Use areas. This will include elements of retail, office, light industrial, community facilities, leisure and tourism uses and residential as well as dedicated public spaces which will be a focus for community activity. Uses which are not compatible with residential developments will not be supported within the Mixed Uses

• areas. Generally there will be a presumption in favour of changes of use between the range of approved uses. Whilst planning approval may be required for some changes, this would normally be supported subject to the buildings being suitable for the new use."
• 3.2 At paragraph 6.6.2 of the Plan. "Development within an area of Mixed Use (as designated on the Proposals Map/Inset Maps) or those sites proposed for Mixed Use (identified on the Maps as 'Proposed Mixed Use') will comprise a mix of some or all of the following uses: residential; shops; financial and professional services; food and drink; research and development, light industry; hotels and hostels; hospitals, nursing homes and residential institutions; community uses; leisure; tourism and open space. For applications relating to sites proposed for Mixed Use, the mix and types of uses on the site will be determined on their merits in accordance with the Proposals in the Area Plan and the Isle of Man Strategic Plan Policies.
• 3.3 Paragraph 6.6.5 "In order to ensure that the vitality of the town and village centres is retained in terms of visitor attraction and activity after working hours, it is considered that retail should be the preferred use for ground floors of buildings within those areas designated for Mixed Use with residential use encouraged for the upper floors. Office use will also be acceptable on the upper floors but not at the expense of residential uses, and in certain circumstances on the lower floors.

Mixed Use Proposal 1: In order to maintain and enhance the vitality of the Mixed Use areas in Port Erin, Castletown and Ballasalla, there will be a presumption in favour of the retention of existing retail units on the ground floor although each case will be determined upon its circumstances and merits."

3.4 The Isle of Man Strategic Plan provides, at the outset, on page 9 the Strategic Aim: To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage. - 3.5 Spatial Policy 2 identifies Castletown as a Service Centre that should provide regeneration and choice of location for housing, employment and services. - 3.6 General Policy 2 provides assessment criteria that should be applied to any new development. Criterion (c) requires development to not affect adversely the character of the surrounding townscape; (g) seeks to ensure that development does not affect adversely the amenity of local residents or the character of the locality; (k) states that development should not prejudice the use or development of adjoining land in accordance with the Area Plan; and (m) requires the decision maker to take into account community and personal safety and security in the design of buildings and the spaces around them. - 3.7 Environment Policy 35 seeks to ensure that in Conservation Areas only development that would preserve or enhance the character or appearance of the area will be permitted. PLANNING HISTORY

4.1 The site has been the subject of a number of applications for the redevelopment of the former fabric fronting Arbory and Malew Streets to form a new retail, tourism and residential complex with pedestrian walkway linking the two streets. Most of the units have retail or hot food take-away facilities at ground floor level with residential units above. Presently within the vicinity there are take away facilities at 3 and 20, Arbory Street (PA 09/00610/B refers to number 20, 22 and 24 operating as an Indian take away and restaurant, open "5pm till late") and planning approval was granted for the sale of hot and cold food on and off the premises at number 10-12 under PA 09/00617/B which was not subject to any time constraints.

4.2 Planning approval has been granted for the change of use of number 4 from a shop to an estate agency - PA 05/01506/B although not implemented. REPRESENTATIONS

5.1 Department of Infrastructure Highway Services indicate that given the fact that the proposed use is located adjacent to other similar and retail uses who will all benefit from the same type of service vehicle provision in terms of delivery and refuse collection, the proposals are considered acceptable from a highways aspect, they do not object to the application (16/06/17). - 5.2 The Architectural Liaison Officer, part of DHA comments that the hours of operation should be controlled in acccordance with the proposed hours (26.05.17). ASSESSMENT

6.1 As noted in the initial application, the use of town centre premises for hot food take-aways are generally in conformity with the mixed use or retail presumption and the character of town centres as places to meet and eat and drink. Castletown is no exception to this. Issues arise when the location or number of such outlets can lead to impacts on residential amenity, public safety or the perception thereof and possibly highway safety if customers choose to park unsafely whilst waiting for their meals. - 6.2 In terms of impact on residential amenity, the property is located in the main shopping street in the town centre where it is to be expected that there is activity and comings and goings at most hours of the day. Whilst there are residential properties close by, and indeed directly above the premises, these have no windows looking sideways onto the application site (ie they all look out over the street). As such, it is not considered that a hot food take away would have a detrimental impact on residential amenity in this case. - 6.3 In terms of public safety the Architectural Liaison Officer recommends that - 6.4 As the premises are located within an area of Mixed Use there is a presumption in favour of retail, take away, cafe or estate agency type uses. As such, it is in the interests of the vitality and viability of the town centre to facilitate the use of such buildings in accordance with this and as such, in this case, it it is considered appropriate to approve a range of uses for this unit - reflecting the existing and proposed uses as well as retail and sit in consumption of items prepared on the premises (cafe).

PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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, in this case Department of Infrastructure Highway Services and Department of Home Affairs and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 19.06.2017 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. The facility may be open for business only between the hours of 0900 - 2330 Monday to Thursday, 0900 - 0030 Friday and Saturday and 1030 - 2230 on Sundays.

Reason: to ensure that the operation of the facility does not result in anti-social behaviour inappropriate to this location.

This approval relates to drawings 01 Rev A and 05 both received on 18th May, 2017.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 26.06.2017 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

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