Officer Report

Application No.: 17/00195/C Applicant: Mrs Maxine Dalton-Baker Proposal: Change of use of office (Class 4) and book shop (Class 1) to a deli bar and coffee shop (Class 3) Site Address: Beech House 10 Elm Tree Road Onchan Isle Of Man IM3 4EF Case Officer : Miss Abigail Morgan Site Visit: 26.04.2017 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site comprises the part of a building which fronts onto Main Road, Onchan. The entrance to the premises is from Elm Tree Road. - 1.2 At ground floor (entranced from Main Road) is a hairdressers.

2.0 PROPOSAL - 2.1 The application is for the change of use to a deli bar (Class 1) and coffee shop (Class3). No external changes are proposed as part of the application. - 2.2 The accompanying statement sets out that they would be open 8am to 5pm, with some evening openings. This has been clarified with the applicant they would like to be able to open in the evenings for groups and meetings which may result in people in the premises up until 10pm. While it is not currently the applicants intention to open on Sundays this possibility was discussed with her and the accompanying statement does refer to 'demand' this would only be between 10am and 4pm. There is sufficient space for up to 20 seats. - 2.3 The applicant is not intending to have hot food and therefore no extract/flue is required. It is a coffee shop extension of the Nutty Chef at Onchan Village walk so all cooking will be done there and then transported to this unit.

3.0 PLANNING HISTORY - 3.1 Whilst the application site has been the subject of a number previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.

4.0 REPRESENTATIONS - 4.1 DOI Highways Division do not oppose and make the following comments; The proposal is to change the use of a book shop to a coffee shop. The premises is with a village setting with several local shops, good public transport links and off street parking near by. - 4.2 No other representations were received at the time of writing.

5.0 PLANNING POLICY - 5.1 The application site is within an area designated as mixed use (residential/office/retail) under the Onchan Local Plan 2000. Behind the site are several rows of houses. t is appropriate to consider General Policy 2. - 5.2 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:

• 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;

6.0 ASSESSMENT - 6.1 At present the application property appears to be vacant and unused. - 6.2 Given that the application property is within the established village and retail centre of Onchan it is considered that its use for a commercial activity is acceptable. The impact of the use is likely to be similar to that of any normal retail use and as such the effect on amenity is suitably limited. However they would like to open later and on Sundays, therefore an opening hours condition is proposed, based on the applicants requirement, to minimise any impact on the residential properties to the rear. - 6.3 As a result, it is concluded that the planning application does not conflict with General Policy 2 (g) or (h) of the Isle of Man Strategic Plan 2016.

7.0 RECOMMENDATION - 7.1 On the basis of the above the application is recommended for approval.

8.0 PARTY STATUS - 8.1 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
• (d) 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: 26.04.2017

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. No customers shall be served or remain in the building outside the following hours Monday to Saturday 8am to 10pm and Sunday 10am and 4pm. Reason: To safeguard the amenities of occupiers of nearby properties

This approval relates to Site Plan, Location Plan, Floor Plan, Photographs and Supporting Statement all date stamped received 20 February 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: 27.04.2017 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

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