DEC Officers Report

Case Officer: Miss Laura Davy Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

1.0 The Site

1.1 The application site is the curtilage of 10 Malew Street, Castletown which is a mid-terrace three storey property situated to the eastern side of the highway. The ground floor has a current use as retail with office and residential accommodation above. 8 Malew Street is to the south of the application site and is also in the ownership of the applicant, this also has retail at ground floor with offices above. To the north of the application site is 12 Malew Street, again retail at ground floor with residential accommodation above.

2.0 The Proposal

2.1 The application seeks approval for the conversion of the ground floor retail unit to a café. There would be no external alterations proposed as part of this application. The café would be open between the hours of 10am and 10pm six days a week and would employ between 3 and 5 people. The café would serve tea, coffee and non-alcoholic drinks, cold and grilled sandwiches and a hot daily special there would be no deep fat frying.

3.0 Planning History

3.1 The following previous application is considered to be material in the assessment of the current application: PA 97/01048/B Installation of new shop fronts and conversion of upper floors to office accommodation - approved 3.2 There is also a concurrent application for the conversion of the retail unit to a dental aesthetic clinic, this is pending decision.

4.0 Development Plan Policies

4.1 The application site is within an area zoned as "Mixed Use" identified on The Area Plan for the South 2013. The application site is also in the Castletown Conservation Area. Given the nature of the application it is appropriate to consider General Policy 2, Environment Policy 35, Business Policy 9 and Business Policy 10 of the Isle of Man Strategic Plan (20th June 2007). It is also appropriate to consider Mixed Use Proposal 1 of The Area Plan for the South 2013.

4.2 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:

• Is in accordance with the design brief in the Area Plan where there is such a brief;

Application No.:	14/00556/B
Applicant:	Castletown Securities Ltd
Proposal:	Conversion of retail unit to a cafe
Site Address:	10 Malew Street
	Castletown
	Isle Of Man
	IM9 1AB

• Does not affect adversely the character of the surrounding landscape or townscape
• Does not affect adversely the amenity of local residents or the character of the locality.

4.3 Environment Policy 35

Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected.

4.4 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(1).

4.5 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.

4.6 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.

5.0 Consultations

5.1 No comments received

6.0 Assessment

6.1 The application seeks approval for the change of use of the ground floor of the premises from retail to a café. The main issues to consider in the assessment of the application are the use, the impact upon the neighbouring properties and the impact upon the street scene.

6.2 The ground floor of the application site is currently vacant, its last use was as a retail premises. The area is zoned as Mixed Use and is within the town centre of Castletown, therefore there is a presumption in favour of retaining retail. It is therefore considered that the retailing of food and drink would be in accordance with the land use zoning and would be an appropriate use for this location.

6.3 The second issue relates to whether the proposed use is compatible with nearby uses. Cafes etc can sometimes raise concern as they have the potential to cause nuisance and disturbance to adjacent uses by reason of odour and fumes resulting from cooking activities. The applicant has advised that there will be some cooking but they envisage that this is for grilled sandwiches and a hot daily special; they have advised that there would be no deep fat frying. No extractor system is proposed under this application. On this basis it is considered it is unlikely that this aspect of the proposal will result in harm and conflict with nearby uses.

6.4 The proposed use has some potential to generate noise, particularly by patrons coming from and going to the premises. However, this is a town centre location and such activity would be inherently compatible with the character of the area. The premises would be open from 1000hrs until 2200hrs, given that the ground floor uses on both sides are retail and the site is within the town centre it is considered that the proposed hours would be acceptable.

6.5 The proposed development would make use of a vacant unit which would in turn enhance the character and vitality of the town centre. The proposed use is judged to have a positive impact upon the street scene, and therefore contributing to the character of the Castletown Conservation Area.

6.6 The proposed use is likely to generate a similar demand as the existing retail unit and therefore is unlikely to result in a significant increase in need for parking. The proposed use would rely upon town centre parking.

6.7 For the above reasons the application is considered to be acceptable and is recommended for approval.

7.0 Party Status

7.1 The local authority, Castletown Commissioners are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered an "interested person" and as such should be afforded interested person status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 09.06.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : 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.

No customers shall be served or remain in the building outside the following hours 1000hrs until 2200hrs Monday to Saturday.

Reason: In the interests of public amenity.

This approval relates to Drawing Numbers 1403-100 and 1403-103 date stamped 7th May 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 : 12/6/14

Determining officer (delete as appropriate)

Signed : _________________________ Chris Balmer

Senior Planning Officer Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : _________________________ Sarah Corlett

Senior Planning Officer Signed : _________________________ Jennifer Chance Head of Development Management