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Application No.: 20/00945/C Applicant: Tynwald Pies Limited Proposal: Additional use of public house and restaurant (class 1.3) as retail (class 1.1) Site Address: Tynwald Hill Inn Main Road St Johns Isle Of Man IM4 3NA Principal Planner: Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason. It is considered that the development complies with Business Policy 10, Strategic Policy 9 and Transport Policy 4 of the Strategic Plan
Plans/Drawings/Information; This decision relates to the information received on 18.08.20. _______________________________________________________________
Additional Persons
None _____________________________________________________________________________
Officer’s Report THE SITE
1.1 The site is the curtilage of the Tynwald Inn which sits on the corner of the A1 Douglas to Peel highway and Station Road which links the A1 with the A3. THE PROPOSAL - 2.1 Proposed is the continued use of one of the bars as a shop (Class 1.1). This bar is the one which sits on the corner of both highways with two entrances.
2.2 The site also includes the car parking area alongside the A and the outside seating area on the west of Station Road. - 2.3 The applicant includes a letter from German Commissioners dated 04.06.20 which congratulates them on the provision of this service during the COVID lockdown and also a letter from the Department dated 27.03.20 confirming that the use of the premises for the sale of goods of hot and cold food takeaways and deliveries is permitted and may continued for a period of 3 months or until the proclamation of the emergency is no longer in place, whichever is the later.
3.1 The site lies within an area designated on the St. John's Local Plan of 1999 as Retail/Commercial - Public House. Public houses fall within Class 1.3 - food and drink in the Town and Country Planning (Use Classes) Order 2019.
3.2 The following Strategic Plan policies are considered relevant:
Strategic Policy 9: All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park(1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8.
Business Policy 10: Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5.
9.4.4 For the purposes of Business Policy 9 major retail development will be classed as any new or increase in existing retail development of more than 500 sq. metres of floor space measured externally. For the purposes of Business Policy 10 new neighbourhood shops within new residential developments will not normally comprise more than 100sq metres of floor space measured externally.
Community Policy 4: Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable.
Transport Policy 4 requires that adequate parking is provided for all new development: parking standards for neighbourhood shops require spaces for staff, customers, and service vehicles (Appendix Seven).
4.1 There have been two previous applications for alterations to the building which are not considered relevant to the current proposal.
4.2 Of particular interest is a recent application approved by the Planning Committee on 16.11.20 which allowed the conversion of the former village store and Post Office on Station Road, to a dwelling. This had been marketed for some time and also closed for a period (20/00902/C). REPRESENTATIONS - 5.1 Highway Services state on 09.09.20 that they do not oppose the application.
5.2 German Parish Commissioners were notified of the application but have not commented. ASSESSMENT 6.1 Whilst there are no policies which specifically allow for the creation of new retail units like this, it is clear from the above that sustainably located shops which are no larger than 100 sq m are acceptable and this is just that. There is car parking available alongside which more than accommodates the traffic likely to result from the use of one of the bars as a shop - 27 sq m and in any case, those using the shop are most likely to be based within St. John's and from where they can walk to the "shop".
6.2 The proposal is considered to be acceptable anyway but it is particularly relevant that the former neighbourhood shop has just had approval for change of use back to a dwelling and that it has not been operational for some time. There can therefore be no argument of overprovision of Class 1.1 uses in the village.
6.3 The applicant has asked that the use is permitted for a year only to allow the owner of the property (not the applicant) to consider whether they wish to retain this or pursue a more permanent facility. However, if this is pursued, it is likely to take longer than a year to obtain planning approval and the other necessary permissions and have a new building constructed and available for business. As such, it is not considered necessary to restrict the additional use of the bar as a shop for any particular period. - 6.4 It is also not considered necessary to restrict the hours of operation, given that the public house opens for the hours that it does and that the building is detached.
7.1 It is considered that the development complies with Business Policy 10, Strategic Policy 9 and Transport Policy 4 of the Strategic Plan and is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
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 : 18.11.2020 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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