1 June 2006 · Minister for Local Government and the Environment
Flat Above, One Stop Shop, Station Road, Ballaugh, Isle Of Man, IM7 5ej
The proposal sought permission to use part of the existing single-storey retail shop and post office as a café, with five tables in the post office queuing area, operating 9am-5pm weekdays and Saturdays, employing two extra staff, and reusing the existing extraction system.
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The Planning Officer recommended refusal because the café would intensify an already unsatisfactory parking situation in a residential street near a busy junction, with no off-street parking provision…
General Policy 2
Listed but not detailed in reasoning; applied to overall development control balancing amenity, highways.
Transport Policy 4
Listed; relevant to parking/traffic impacts in village location.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Listed (pages 85/86); applied to highway safety and parking provision.
Time limit
The development hereby permitted shall be commenced not later than four years from the date of the permission.
Approved plans
This permission relates to the additional use of premises as a café as shown in drawings numbers 10/01 location plan, 10/01 site plan date stamped 12 December 2005 and December 05 floor plan Rev A; letter from Kulmet Ltd dated 20 January 2006 and letter from Kulmet Ltd dated 31 December 2005.
Rear parking spaces
The development shall not take place until four car parking spaces have been laid out at the rear of the building in accordance with a scheme to be submitted to the planning authority and approved in writing; and the development shall continue only so long as these spaces are available for use.
Remove front obstructions
The development shall not take place unless all bunkers and other obstructions to parking are removed from the front of the shop, and no obstruction shall thereafter be placed on the frontage.
Opening hours
The use hereby permitted shall not be open before 09.00 nor after 17.00 on any day.
support the One Stop Shop application for extension to include a tea/coffee lounge (cafe)
support your application to open a café... the link between retail grocery and café is well established... important in supporting the tourist initiative
Petitions with over 800 resident signatures support the cafe proposal; IoMWA requests a water supply connection condition; Ballaugh Parish Commissioners object due to lack of toilet and parking details; DOT Highways objects due to insufficient long-stay parking provision near busy junction.
Key concern: insufficient parking provision for long-stay cafe customers near busy A3/A10 junction
Residents of Ballaugh and Isle of Man
SupportWe, the undersigned residents of Ballaugh and throughout the Isle of Man support the One Stop Shop application for an extension to include a tea/coffee lounge (cafe).; On 17 July 2006, 506 signatures were submitted with my written statement of appeal Enclosed is a further 309 signatures This makes a total of 815 signatures in favour of a café in Ballaugh
IoMWA
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws.; For a change in the supply to a premises (domestic or commercial) the applicant should contact the IoMWA Byelaws Inspector (Michael Karran), tel. 69 59 57
Ballaugh Parish Commissioners
Objectionmy commissioners have now considered the above proposed development, and are opposed to the proposed development
Conditions requested: submit a further plan to indicate where the toilet facilities are to be provided for use by customers of the cafe
Department of Transport Highways Division
ObjectionObjection: The applicant does not include details of the parking provision for the long stay customers who will use the proposed development.; Reason: To ensure the provision of satisfactory vehicle parking arrangements
Department of Transport Highways Division
ObjectionThe Department of Transport Highways Division would like the following information considered at the forthcoming appeal
Department of Transport Highways Division
No CommentThe Department of Transport use minimum car parking dimensions of 2-4 metres by 4.5 metres and I have amended your plan to show how these spaces can be accommodated; The coal bunkers and other outside storage bins can be accommodated along the boundary of your property subject to a 6 metre area being provided for vehicle turning movements behind parking spaces Nos 1, 2 and 3.
The original application for additional café use within the One Stop Shop in Ballaugh village was refused by the Planning Committee primarily due to inadequate car parking leading to highway congestion and safety issues. The appellant argued strong community support from 815 petitioners, benefits for elderly locals, job creation, business sustainability, and sufficient parking availability, countering council photos with explanations of resident-owned vehicles. The council and Department of Transport defended refusal on increased parking demand and longer stays from café users, while third parties like parish commissioners and a neighbour raised similar concerns. The inspector found parking assertions unsubstantiated by surveys or accident data, noted appellant's agreement to provide 4 rear spaces and clear forecourt bunkers satisfied all parties including DoT, and criticised the council for not resolving via conditions pre-refusal. The appeal was allowed subject to conditions including time limit, approved drawings, rear parking scheme, forecourt clearance, and 9am-5pm hours.
Precedent Value
Demonstrates parking objections can be overcome via conditions if applicant agrees promptly at inquiry; authorities must provide robust evidence (surveys/accidents) not just photos/assertions to defend refusals. Future applicants should propose parking mitigations early and highlight evidence gaps in opponent cases.
Inspector: David Ward BSc(Hons) CEng MICE FIHT
