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Application No.: 18/00110/B Applicant: The Secret Pizza Company Proposal: Variation of condition two of PA 17/00319/B, to extend the permitted opening hours to 7am-Midnight daily Site Address: The Old Mortuary Farrants Way Castletown Isle Of Man IM9 1NR Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.03.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions C 1. No customers shall be served or remain in the building outside the following hours: 0700 to 0000hrs daily. Reason: in the interests of public amenity.
This decision relates to drawings 1703-SP-100 and 1703-SP-209F both received on 6th February, 2018.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
The local resident who asked for his address to be withheld as there is no evidence that they are directly affected by the proposal. _____________________________________________________________________________
Officer’s Report THE SITE
1.1 The application site is an irregularly shaped parcel of land accessed off Farrant's Way but immediately abutting a commercial property that faces onto The Parade square in Castletown. The site is within Castletown's Conservation Area. - 1.2 Within the site is the Old Mortuary building, which is evidently formed of two separate elements of historic built fabric: one element has a hipped roof while the other is gable-ended. However, both are evidently pre-1920s being finished in a mixture of limestone and natural slate, along with timber windows and doors. The building is clearly of interest and attractive, but is not Registered. - 1.3 It is understood that the building is currently used for storage by its owners, Castletown Commissioners. - 1.4 Outwith the building, which is built into the boundary wall between the nearby Civic Centre and Isle of Man Bank, is an area of hardstanding that provides for six angled parking spaces. These surround the building to the northeast, northwest and southwest. Also within the site is an area of hardstanding adjacent to the Civic Centre. To the immediate north east of the site is a bank and former town hall building all of which are used for offices, cafe, nursery and gym. - 1.5 Planning approval was granted under 17/00319/B to convert the property into a restaurant and hot food take away. This approval was subject to the operation of the business only between 1200hrs and 2230hrs on a daily basis as suggested by the applicant. THE PROPOSAL
2.1 Planning approval is being sought for a variation of condition 2 to amend the opening hours to 0700hrs to 0000hrs daily. - 2.2 The applicant says that they have spoken with the Architectural Liaison Officer who confirms that the police have no objection to the proposed opening hours as amended. PLANNING HISTORY
3.1 The above application for the conversion of the premises is the most relevant. However, also of relevance is a relatively recent application for the accommodation of the southern neighbourhood police team within the adjacent Town Hall, 11m away across the courtyard. THE DEVELOPMENT PLAN - 4.1 The site falls within an area zoned as Mixed Use on the Area Plan for the South, as well as falling within the Castletown Conservation Area.
4.2 As such, the following policies of the Strategic Plan are relevant:
General Policy 2 (in part): "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
Environment Policy 22: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
iii) vibration, odour, noise or light pollution." Environment Policy 35: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
Appendix 7 provides a standard for town centre shops, but not restaurants. In the absence of any other standard, this is considered to be as helpful a guide as any, and it states as follows: "Space for service vehicle use."
REPRESENTATIONS
5.1 Highway Services indicate that they have no interest in the application (02.03.18).
5.2 A local resident who has asked for his address to be withheld, writes in support of the application, considering that the later hours will spread traffic outwith the busiest hours, the location of the premises will enable people to walk to and from it and there are no other facilities like this in the town at the current time (26.02.18). ASSESSMENT - 6.1 The proposal seeks permission for the operation of the business from much earlier in the morning to slightly later at night. It is relevant that the site lies within a Mixed Use area and part of the heart of the town. It is also relevant that Castletown Police Station is right next door. CONCLUSION - 7.1 There are no objections and as stated by the local resident who supports the application, the location is sustainable and longer hours may mean that traffic does not clash with the operation of other businesses. The application is considered to accord with GP2, EPs 22 and 35 and TP 7 and is supported. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
8.2 The decision-maker must determine:
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 07.03.2018 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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