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The application site represents an area of public highway to the east of the Powell House which is currently in use as "Shamyrhey Tea Rooms" on the corner of Factory and Michael Street in Peel.
The proposed planning application is seeking approval to erect a 5m high flagpole to the east of the Shamyrhey Tea Rooms (within the footpath at the corner of Factory and Michael Street).
In terms of local plan policy, the application site is located within an area designated as being "Mixed Use" and within the "Conservation Area" under the Peel Local Plan, 1989. The Isle of Man Strategic Plan 2007 contains two policies which should be considered in the assessment of this current planning application - General Policy 2 states:
"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:
Environment Policy 35 states: "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 against inappropriate development".
The following previous planning applications should be considered relevant in the assessment and determination of this application:
PA 04/02444/B - Alterations and conversion of former betting shop and office to a cafe/tea rooms or ground floor and two apartments on upper floors, and alterations to highway - Permitted
PA 05/01855/C - Change of use to enable tables and chairs to be placed on extended paved area for use of cafeteria customers during business hours - Permitted
PA 06/00417/B - Formation of opening lights to create serving hatch to outside seating area and installation of a foldaway awning to front elevation - Permitted
PA 06/01477/D - Retention of advertising signage - Refused
The Peel Town Commissioners have approved the application. The Department of Transport Highways Division have objected the proposal as the Highways Act 1986 does not make provision for the erection of flag poles on the public highway.
Manx Electricity Authority has stated that as there is underground cables/overhead lines present in the area indicated in you Planning Application and need to discuss working practices around cables and overhead lines which may be required to be diverted before any work can be carried out on site.
ASSESSMENT
It is considered that the proposed application would be acceptable as it would have no adverse implications on public and private amenity. The visual appearance of the conservation area would not be adversely affected and its siting would not obstruct any pedestrians due to the 3m wide gap between the side elevation of the café and the proposal.
As the proposal is located on the public highway, the Highways Division have objected on the grounds that they do not make provision for the erection of flag poles on public highways such as this. This matter is not a material planning consideration as the Department of Transport have different legislation to the Planning Authority so it was not considered in the assessment and determination of this application.
RECOMMENDATION For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted. PARTY STATUS
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Accordingly the following parties, that made representations, do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
Recommendation Recommended Decision: Permitted Date of Recommendation: 30.07.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal
30 July 2009
09/00586/B
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the submitted Drawing 01 received on 31st March, 2009. N 1. The applicant is advised that this planning permission does not override the Department of Transport Highways Divisions, Highways Act 1986. The applicant should contact the Highways Division to address this matter.
N 2. No advertisement is to be displayed on the flagpole without prior approval from the Planning Authority.
I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Permitted Date : 3. August 2009
Signed : Senior Planning Officer
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