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Application No.: 18/00789/B Applicant: The Secret Pizza Company Proposal: Erection of demountable tent structure and enclosing wall Site Address: The Old Mortuary Farrants Way Castletown Isle of Man IM9 1NR Principal Planner: Miss S E Corlett Photo Taken: 06.09.2018 Site Visit: 06.09.2018 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.09.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
This decision relates to drawings 1816-SP-200A received on 15th August, 2018 and 1816-SP101 received on 26th July, 2018.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that Manx Utilities 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) and they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy. _____________________________________________________________________________
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 formed of two separate elements of historic built fabric: one element has a hipped roof while the other is gable-ended. However, both are 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 The building is currently used as a pizza preparation and serving facility in association with recent planning approvals although the boundary treatment is not in accordance with the approved details. - 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. THE PROPOSAL
2.1 Planning approval is sought for the erection of a tent like structure on the front of the building. This will sit on a wall which is also proposed as the alignment and construction of this differs from what was shown in earlier applications (see Planning History). - 2.2 The wall will be 1100m high and aligned along the boundary of the applicant's land and will be clad in corrugated iron panels. This is already in situ. This has planters on its top with lavender and other plants growing within them. There are posts along the top of the wall with bunting strung between them. - 2.3 The tent will sit on top of this with a space of 1.2m between the top of the wall and the underside of the tent canopy. The canopy will be 3.5m high at its top which is lower than the ridge of the building with which it will be associated. PLANNING HISTORY
3.1 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. Planning approval was sought for a variation of condition 2 to amend the opening hours to 0700hrs to 0000hrs daily and this was approved (18/00110/B). 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." REPRESENTATIONS
5.1 Castletown Commissioners offer their full support for the proposal (14.08.18). It is relevant that the development is right next to their offices (the Town Hall).
5.2 Manx Utilities have been in discussion with the applicant regarding existing cables that lie within the site following initial concern expressed (09.08.18). They have no objection to the application (21.08.18). ASSESSMENT - 6.1 The corrugated metal panels are a modern approach to boundary treatment and whilst not to everyone's taste, are not particuarly striking or permanent and have not generated any objections. The tent will be clearly visible but will provide cover for those outside and again, are not permanent. It is not considered that there is any adverse impact from either of these elements which could add interest to this area which is publicly visible and used as a pedestrian route through to the town centre. CONCLUSION - 7.1 The proposal is considered to be in accordance with the Strategic and Area Plan policies 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 : 21.09.2018 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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