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Application No.: 08/00355/B Applicant: Mr C R Moss Proposal: Operation of a catering business Site Address: B \& Q Car Park Spring Valley Industrial Estate Douglas Isle Of Man IM2 2QT ### Considerations Case Officer : Miss S E Corlett Expected Decision Level: Delegated Decision Senior DC Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose Consultee : Braddan Parish Commissioners Notes: No objection Consultee : Chief Fire Officer Notes: Approve Consultee : Drainage Division Notes: No objection Consultee : Drainage Services Manager Notes: No objection
The site defined in blue represents the curtilage of B _ Q home improvement store, including the car park as well as the building and external storage and display areas. Identified in black is a small area, roughly 10 m by 5 m located on the car park side of the garden centre outdoor display area at the south western end of the building.
The site lies within an area designated on the Braddan Local Plan of 1991 as Predominantly Industrial. The Plan contains policies at paragraph 2.4 which states that the only retail developments 21 May 2008
which will be permitted are those to serve local neighbourhoods and no retail developments will be permitted in existing or future industrial areas.
There have been no planning applications in respect of this part of the car park since the creation of the extended car parking area under PA 93/1131 which was permitted on appeal.
Proposed here is the installation of a trailer for the operation of a hot and cold food take away. Whilst the trailer is moveable, it will be parked in this single parking space thus representing a permanent change of use.
Braddan Parish Commissioners indicate that they have no objection to the application. Department of Transport Drainage Division recommend conditions and notes regarding the Sewerage Act
Douglas Corporation, acting as the Drainage Authority raise no objection subject to the same notes as are recommended by Department of Transport Drainage Division
Department of Transport Highways and Traffic Division raise no objection providing that customers are not queuing in car park circulation space.
The Isle of Man Fire and Rescue Service recommend liaison regarding fire precautions
The established policy against retailing from industrial areas is designed to ensure an adequate supply of industrial land and to protect the established retail areas by ensuring that retail developments are located in such areas. In this case, the retailing is of food to those visiting or outlets in the vicinity. The established retail areas will not be adversely affected by approval of this application nor will be the supply of industrial land.
The loss of one car parking space will not adversely affect the parking provision for the existing retail provision. The proposed location is alongside a fairly open area where customers could wait for their food in safety.
As the mobile unit is to be located on land controlled by the operator of the adjacent store, if the operation of the proposed facility were to adversely affect the operation of the store, there are means for the store owner to remove permission for the occupation of the site. As there are no residential premises nearby, there is no reason for a condition regarding hours of operation.
As such, it is judged that there will be no adverse impacts from the proposed development.
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.
Douglas Corporation as the Drainage Authority should be afforded party status in this instance. The comments of the Isle of Man Fire and Rescue Service do not relate to material planning considerations and as such The Isle of Man Fire and Rescue Service should not be afforded party status in this instance and the recommended note should not be attached to the planning decision notice.
Recommended Decision: Permitted
Date of Recommendation: 21.05.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals
C 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
C 2. This permission relates to the installation of a mobile food facility selling hot and cold food and drinks.
N 1. The applicant is encouraged to liaise with the Drainage Authorty (Douglas Corporation and the Department of Transport) in respect of compliance with the Sewerage Act. 1999.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date :
Signed : Mrs F Mullen Senior Planning Officer
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