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Application No.: 08/01295/C Applicant: Murrays Limited Proposal: Additional use of part of building as an auction saleroom Site Address: - The Pavilion - Laxey Glen Gardens - New Road - Laxey - Isle Of Man - IM4 7BE ### Considerations Case Officer: Mr. Chris Balmer Photo Taken: 18/08/08 Site Visit: 18/08/08 Expected Decision Level: Delegation ### Written Representations - 2 Glen View South Cape Laxey Isle Of Man - Objects to the proposal ### Consultations Consultee: Laxey Commissioners Notes: Approved Consultee: Highways Division Notes: 25.09.08 - Do not oppose 21.08.08 - Defer Consultee: Chief Fire Officer Notes:**
The site represents the curtilage of The Pavilion, Laxey Glen Gardens, New Road, Laxey. The property is part single storey and part two storey detached property, located on the western side of New Road and north-west of Laxey Glen Gardens.
The site has been zoned under the Laxey and Lonan Local Plan as being within an area of 'Open Space', the site is within a Conservation Area and an area zoned of High Landscape Value and Scenic Significance.
15 October 2008 08/01295/C Page 1 of 4
Planning History
There are no previous planning applications which are considered relevant in the assessment and determination of this application.
Proposal
The application seeks approval for the additional use of part of building as an auction saleroom.
The Pavilion is currently used for weddings, jazz festivals and large parties (this business would cease if the application is allowed). The unit is licensed for 250 people. The auction would take place fortnightly. Opening times would be:-
Monday to Friday 09.00 hrs until 17.30 hrs; Saturday 09.00 hrs until 12.00 hrs,
The auction would operate additional hours during week days for viewing and sale days:-
Viewing days would be from 09.00 hrs until 19.00 hrs; and Sale days would be from 09.00 hrs until 22.00 hrs.
Trade buyers come to view first, when it is quiet, (approx 6/8 people), then during the day members of the public visit, with 20 to 25 people at any one time. On sales day (weekday) there can be 50 people attending the auction, some for only a few minutes to make their purchases/bids. Saturday mornings the applicant proposes to be open from 9am till 12 noon for collections. Normally 20 people call in during the 3 hours.
The applicant states that due to the length of viewing times, and with the systems they have in place it allows people to bid and collect when they want, and therefore not create a log jam impacting negatively on the traffic in Laxey.
The site has a number of car parks, the first as you enter the site from the New Road (20 spaces) and the main car park to the north east of the Pavilion. There is also space to the front of the Pavilion which can be used for deliveries / collections.
Representations
Approve
Highways Division:- No objection
The owner / occupier of 2 Glen View, South Cape, Laxey, has commented to the application which can be summarised as; no objection to principle of the use for auction sales; the objections relate to the proposed internal alterations will further ruin the building's opportunity for being used for other social functions and the floor will potentially be ruined by the moving in and out of heavy furniture.
Assessment / Recommendation
The Laxey and Lonan Plan does not specifically define the Pavilion for a particularly use. Therefore it is important to consider whether a use of the building would make good use of the site and to ensure any proposal would not have an adverse impact upon the surrounding area and surrounding properties.
Generally, most auction houses are located within industrial units; given auction rooms require a significant space for when the auctions take place and to accommodate the stock and people bidding/visiting, and as auction houses deal with bulky goods (furniture etc). It is therefore considered it would not be reasonable for auction houses being located within retail units within a town centre, and consequently would not detract from the vitality and viability of the appropriate town centre retail area.
An additional issue relates to the parking spaces which are provided within the site. As indicated there two car parks within the site. The closer of the two located northeast of the Pavilion approximately 25 metres away, would accommodate a significant amount of vehicles given its size. The Pavilion also has the additionally provision of the 20 overflow car parking spaces, located at the entrance of the site, adjacent to the Glen Hotel.
Turning to the impact of the additionally traffic, the property most likely to be affected would be the Glen House Residential Home. It is considered given as the operation of the auction house would be mostly within normal business hours, and the only exception to this would be during viewing and sales days which will only occur fortnightly; the use would not cause a significant adverse impact upon the residential amenities of the occupiers of the Glen House Residential Home.
The concern of the objector, regarding the internal alterations, as the Pavilion is not a Registered Building the internal alterations are not a material planning issues which can be considered, although as part of the applicant's agreement with DAFF (owners) the applicant is required to provide adequate protection of the wooden floor in the main function room.
Recommendation Overall, it is considered the proposed use would be acceptable for the reasons given previously within this report. Accordingly, the proposal would be appropriate in this location and therefore the application is recommended for an approval
Party Status It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Highways Division Laxey Village Commissioners It is considered that the following do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
2 Glen View, South Cape, Laxey
Recommendation
Recommended Decision: Permitted Date of Recommendation: 29.09.2008 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the use of the building as an auction saleroom as proposed in the submitted documents and drawings all received on 4th July 2008.
The proposed auction house within the building may only operate on a fortnightly basis, opening Mondays to Fridays between 09.00 hours and 17.30 hours and on Saturdays between 09.00 hours and 12.00 hours with the exceptions to these times being for viewing days and sale days. Both viewing and sale days can only operate Monday to Friday with the opening hours on viewing days being 09.00 hours to 19.00 hours, and the opening hours on sales days being 09.00 hours to 22.00 hours
No advertisement matter of any description shall be exhibited on these premises without the PRIOR written permission of the Planning Authority.
I confirm that this decision accords with Government Circular No 56/08 (Delegation of Functions to the Acting Senior Planning Officer) and GC 55/08 for Advertisements.
Decision Made : Permitted Date : Signed : Acting Senior Planning Officer
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