Officer Report

Application No.: 18/01061/B Applicant: The Secret Pizza Company Proposal: Variation of condition 2 of application 17/00319/B for the conversion of building into restaurant and takeaway, to permit extended opening hours from 10.30pm on New Year's Eve until 1am on New Year's Day Site Address: The Old Mortuary Farrants Way Castletown Isle of Man IM9 1NR Principal Planner: Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.11.2018 _________________________________________________________________

Conditions and Notes for Approval

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.

• C 2. For clarification, the premises may be open for business between 0700hrs and 0000hrs daily plus 0000hrs to 0100hrs on 1st January. Reason: To clarify the extent of the approval granted. Plans/Drawings/Information:

This decision relates to drawings 1816-SP-200 and 1816-SP-101 both received on 9th October, 2018. _______________________________________________________________ Interested Person Status – Additional Persons none _____________________________________________________________________________

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 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. - 1.4 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. Permission was then granted for a variation of these hours under 18/00110/B and a further approval was recently given to the erection of a tent structure and enclosing wall (18/00789/B). 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 plus 0000hrs to 0100hrs on 1st January - effectively an additional hour a year. PLANNING HISTORY - 3.1 The above applications are 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 which has now been implemented. 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:

• (c) does not affect adversely the character of the surrounding landscape or townscape;

• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways and (m) takes account of community and personal safety and security in the design of buildings and the spaces around them."

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 (29.10.18). ASSESSMENT - 6.1 The proposal seeks permission for the operation of the business one hour later on one occasion per year. New Year's Eve/Day is unusual in that the vast majority of premises are closed on New Year's Day and many people stay out later than they may at any other time of the year. 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 The proposal is not considered to have any adverse effects 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:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision-maker must determine:

• * whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• * whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

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 : 13.11.2018

Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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