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The site represents a small parcel of land situation on the corner of the A7 as it skirts through Ballabeg in the heart of the village. The site is around 12.5m in depth and is 13m wide. The site fronts directly onto the A7 and sits at the edge of a field used for sheep grazing. The applicant indicates that he has approached the field owner to purchase some of it to make parking available. However the owner has indicated that the owner of "Brookville" has first refusal and in any case there is no intention at the present time of selling the land.
The site along with the land to the west is designated as Retail on the Arbory and East Rushen Local Plan adopted by Tynwald in 1999. In this there is specific reference to the shop and it is stated that "The Office of Planning would not oppose the re-development of the stores and possible relocation of such with the area identified as development Area 18 provided that the new shop is local in size and character, designed sympathetic to the character of the village and accompanied by appropriate car parking facilities".
A policy, BG/P/3 states "ENCOURAGEMENT AND SUPPORT WILL BE GIVEN FOR ANY REASONABLE PROPOSALS TO EXTEND OR REPLACE THE EXISTING SHOP IN BALLABEG. SUCH EXTENSIONS OR REPLACEMENT MUST TAKE PLACE ONLY WITHIN THE AREA IDENTIFIED AS DEVELOPMENT AREA 18. ANY PROPOSAL FOR SIGNIFICANT ALTERATIONS OR EXTENSIONS OR REPLACEMENT OF THE SHOP MUST INCLUDE PROVISIONS FOR CAR PARKING AND MUST REPRESENT A VISUAL IMPROVEMENT TO THE EXISTING FACILITY" The accompanying brief includes the requirement for off street parking as part of the development proposal.
Planning permission was sought and refused for the extension of the shop under PA 89/01339 to provide toilet and storeroom facilities. This was refused for reasons relating to the appearance of the extended structure. The Inspector specifically noted that the impact on road traffic was not sufficient on its own to warrant refusal of the application.
Proposed here is the principle of the redevelopment of the existing shop. No information has been provided to indicate how this would be achieved. What is clear is that there is no more land available to enable the shop to be pushed back on the site. There are some parking spaces to the west of the site although not dedicated solely to the shop's customers or staff.
Department of Transport Highways and Traffic Division initially objected to the application on the basis that the visibility form the existing driveway is inadequate to serve the needs of the existing traffic. Off-street parking and visibility has not been provided by this proposal which will generate more traffic than does the existing facility. However, after having consulted the applicant, further information has been provided to indicate that a lay-by could be provided which would satisfy the Department of Transport who no longer object to the application (9/11/06).
Department of Transport Drainage Division raise no objection subject to the inclusion of conditions relating to the disposal of surface water (S.C.7) and the main sewer (S.C.9).
Arbory Commissioners indicate that whilst it may be considered that the traffic situation is not ideal there has been a shop on the site for a considerable time and the benefits of retaining the shop and providing an important local service and upgrading the existing fabric over-rides the concerns
regarding road safety. They suggest that a condition should be imposed ensuring that the ground floor of the building is used for a shop and no other purpose.
Manx Electricity Authority indicate that they should be consulted regarding the high voltage underground cables which cross the site. A resident of Port Soderick supports the application as the maintenance of an importance local service. Disability Access Officer recommends that the development should enable use by disabled persons. The Society for the Preservation of the Manx Countryside and Environment raise no objection to the application. Isle of Man Water Authority recommend the insertion of standard note 3 (SN 24) regarding water supply.
The reinstatement of a shop in Ballabeg is clearly desirable and if this could improve on the existing situation regarding parking, providing parking spaces on site, particularly in respect of the residential unit which is to be provided, this should be encouraged. There are no outstanding objections to the proposal.
Arbory Parish Commissioners, Department of Transport, Manx Electricity Authority, Disability Access Officer and Isle of Man Water Authority represent statutory authorities and should be afforded party status in this instance.
The resident of Port Soderick and the Society for the Preservation of the Manx Countryside and Environment are not directly affected by the proposal and should not be afforded party status in this case.
Recommended Decision: Permitted
Date of Recommendation: 10.11.2006
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1.
This approval is in principle only and will remain valid for a period of two years within which time no development may take place until such time as details of the reserved matters (siting, design, external appearance, internal layout, means of access, landscaping) have been approved by the Planning Authority. Such reserved matters should form the subject of a single application.
C 2. This permission relates to the principle of the erection of a replacement shop together with residential accommodation over, as shown and described in the plan reference ML1 received on 28th February, 2006 and the site plan reference ML2 dated 29th May, 2006.
C 3. The application for reserved matters must demonstrate that the development will make provision for the safe parking of one vehicle off the road together with a lay-by. The applicant should discuss these issues with the Department of Transport prior to the submission of any application for reserved matters.
C 4. The new shop facilities must be accessible by unassisted wheelchair users.
C 5. The design of the new building must acknowledge the traditional style and materials of the majority of existing properties in the village and its prominent location in the streets cene.
C 6. There must be no discharge of surface water to the main foul sewer.
C 7. The proposed development must be connected to the main foul sewer.
NOTE: A Drainage Connection Fee will be payable to the Drainage Authority on this development
N 1. For a change in the water supply to a premises (domestic or commercial) the applicant should contact the Isle of Man Water Authority Byelaws Inspector (Michael Karren), telephone 695957.
N 2. The applicant is advised that there are Underground Cables/Overhead Lines present in the area indicated in the planning application. Please contact Anthony Kinrade or Ian Horsey, Operations and Maintenance Department, Network Services, Manx Electricity Authority, (Tel. 687705) 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.
The applicant is also advised to contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site. All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 and GS6.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date: 17/11/06
Signed: M. I. McCauley Director of Planning and Building Control
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