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1 May 2007 07/00188/B Page 1 of 4
The site represents the footprint of the existing cafe which is situated on Laxey Promenade in the middle of a grassed area of public open space. The Promenade runs to the front of the site and Bay View Terrace runs behind. Attached to the northern side of the building is Sunny Cottage, a residential property which appears to be within the area defined as land within the ownership or control of the applicant (Laxey Commissioners).
The site lies within an area of Retail use within an area of Public Open Space on the Laxey and Lonan Area Plan of 2005 and the site lies within Laxey's Conservation Area. The Plan makes specific reference to the cafe at paragraph 3.4 where it describes a small scale study of the village centre which commented that the then kiosk should be converted to a catering establishment to better serve the tourists who visit this part of the village. This is reiterated in a proposal L/TRT/PR/1 which states that positive consideration would be given to, inter alia, expansion of the existing facilities on the promenade to cater for consumption of food on the premises where such is in keeping in terms of its appearance with the amenities of the Conservation Area in which the area is situated.
Some of these recommendations were taken up in PA 98/1679 which proposed the conversion of the open shelter to create a cafe which was permitted. From memory I can recall significant discussions with the then Conservation Officer regarding frame sections and styles of windows. This follows from the creation of the kiosk in 1984 (PAs 84 0972 and 84/1336).
Proposed now is the conversion of all of the building to provide catering facilities, retaining the sales counter for ice creams and snacks to be sold directly to the public from the raised paved area in front of the building. Alterations to the building itself include the installation of rooflights in the northern annex, provision of access for wheelchair users.
The applicant has now submitted drawings showing the existing layout for comparison with the proposed. This illustrates that the majority of the building is used for storage.
Whilst there is an objection from the Department of Transport regarding the lack of on site parking and the intensification of use, the adjacent promenade offers significant parking space which is already used by those visiting the existing ice cream kiosk. If the cafe is to be used during the day, it is likely that those visiting may well be visiting the promenade anyway to sit and enjoy the view, have an ice cream, go for a walk on the beach or adjacent area. This would result in little change to the existing situation. If those visiting the cafe do so at night, there is plenty of space on the promenade for use by customers.
As such, whilst there is no on-site parking to accommodate customers' vehicles I cannot agree that this results in harm to the surrounding environment - either visually or through inconvenience to other residents.
There is also a local objection from a resident of Ramsey Road who is concerned with the loss of the shelter which, he says is well used for shelter and as a focus for sports and leisure events. This may be the case but the Commissioners also have a duty to best use their existing infrastructure and have chosen to better use the building as proposed rather than to refurbish it and have it remain largely open. The building has had permission previously for conversion to a cafe although not as extensive as this.
The scheme will better utilise an existing and prominent building in a manner which will widen the range of facilities for visitors and local residents alike and accords with the recommendations of the Area Plan.
The scheme includes new paved areas in front of the two principal faces of the building although no details are given of the materials or form of this part of the project. Details of this should be provided and to the satisfaction of the Department before any paving is undertaken.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The resident of Ramsey Road is not directly affected by the proposal, other than as a user of the promenade and as such should not be afforded party status in this instance.
Disability Access Officer raises issues which are largely the responsibility of the Building Regulations and as such should not be afforded party status in this instance.
Isle of Man Water Authority raise issues regarding the means of water supply which is not a material planning consideration in this case and as such should not be afforded party status in this case.
Fire Prevention Officer raises issues in relation to the Building Regulations and fire precautions and as such should not be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 01.05.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the conversion of the building to a cafe and ice cream sales facility with toilets all as shown in drawing reference 07/21/1a received on 1st February, 2007.
C 3. Prior to the installation of any windows and doors, the applicant must have approved by the Planning Authority sectional details (either samples or larger scale drawings) or the proposed window and door frames and any glazing bars.
C 4. There must be no discharge of surface water to the main foul sewer.
C 5.
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
C 6. Prior to the commencement of any works on the proposed paving as shown in the approved plan, details of the materials and pattern of this paving must be approved by the Department before any paving is undertaken: 2507
N 1. The Applicant's attention is drawn to the recommendations of the Disability Access Officer, a copy of which is attached to this notice.
N 2. PRIOR to the commencement of any works the applicant is advised to consult the Chief Fire Officer to ensure that adequate fire precautions are taken.
N 3. For a change in the water supply to premises (domestic or commercial) the applicant should contact the Isle of Man Water Authority Byelaws Inspector (Michael Karren), telephone 695957.
N 4. The applicant should note that fat and other food waste which will affect the performance of the foul sewerage system will not be permitted to be discharged to the main sewer. It is the applicant's/operator's responsibility to provide satisfactory means of disposal of such waste.
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 : 11/5/07
Signed : M. I. McCauley Director of Planning and Building Control
Prior to the commencement of the development, details of the materials & pattern of paving must be submitted to the Planning Authority for consideration & approval.
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