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Application No.: 20/00967/C Applicant: Heron & Brearley Ltd Proposal: Change of use from Public House (class 1.3) to residential property (class 3.3) Site Address: Liverpool Arms Main Road Baldrine Isle Of Man IM4 6AE Senior Planning Officer: Mr Jason Singleton Site Visit: 14.10.2020 Expected Decision Level: Officer Delegation Recommended Decision: Refused Date of Recommendation: 23.10.2020 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. The application fails to demonstrate the loss of the public house and would be contrary to General policy 3, Community Policy 4 and Housing Policy 11 of the Strategic Plan.
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The application site is the Liverpool Arms public house on Main Road, situated to the north side of the highway on the junction with Barroose Road on its west elevation. The property is detached and sits within its own curtilage, mainly hard standing are for vehicle parking. - 1.2 The nearest residential properties which share the boundary are 'Letitia' to the east and north. - 1.3 The property is two story's high, with prominent chimneys at both ends. The front South elevation features 6 portrait timber framed windows to the first floor in a regular pattern and size and to the ground floor a covered porch over the central entrance and windows to its flank. The massing of the building is effectively a double pitch roof with chimneys reflecting
2.0 THE PROPOSAL - 2.1 Proposed is the change of use from Public House (class 1.3) to residential property (class 3.3). There are no external alterations to the property being proposed only internal reconfiguration to reflect the change of use. - 2.2 The agent notes on the application form; a similar application PA18/00870/C was refused in November 2019 on appeal. The Liverpool Arms has now been for sale as a business without any covenant for 9 months without any interest. - 2.3 The application is supported with a planning and design statement (summarised here) which details; the location of the site, demographics of the local area from the 2016 Census, transportation issues to the site and the catchment of residential properties in the area, a detailed description of the interior layout of building and restrictions that it presents, the accessibility to the building for those who are less mobile, reference to the relevant planning policies, land use designation and a summary recommending a change to residential as the viability of a public house is not achievable. - 2.4 Accompanying the application is an email dated 25th August 2020 from a Commercial Estate Agent on Island, confirming there had been three serious enquiries but none of these had progressed to a sale. Only one offer was received for £200k and would accept the restriction and would operate a BYO restaurant.
3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is within an area designated on the Laxey and Lonan Local Plan 2005 Lonan Map as 'Civic, Cultural or Other Special Use - Public House'. - 3.2 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application: - 3.3 Strategic Policy 1: Development should make the best use of resources by:
3.4 Strategic Policy 2 New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph
3.5 Strategic Policy 10 New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement
3.6 Spatial Policy 4: In the remaining villages development should maintain the existing settlement character and should be of an appropriate scale to meet local needs for housing and limited employment opportunities. These villages are: o Bride o Glen Maye o Sulby o Dalby o Ballaugh o Ballafesson o Glen Mona o Colby o Baldrine o Ballabeg o Crosby o Newtown o Glen Vine o Strang - 3.7 Spatial Policy 5 New development will be located within the defined settlements. Development will only be permitted in the countryside in accordance with General Policy 3. - 3.8 General Policy 3 (in part) Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of;
3.9 Housing Policy 4 (in part) b) conversion of redundant rural buildings in accordance with Housing Policy 11;
3.8 Housing Policy 11 Conversion of existing rural buildings into dwellings may be permitted, but only where:
Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar, or even identical, form.
Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character.
3.9 Paragraph 10.8 'Retention of Existing Local Shops and Public Houses' that precedes Community Policy 4 states;
The loss of facilities such as neighbourhood shops in towns and or village shops and public houses reduces customer choice and can also necessitate people travelling further to meet their needs. This is a particular problem in rural areas where village shops, post offices and public houses can be central to village life. It would be preferable to retain viable facilities, or those that can be made viable and where a change of use or re-development is proposed
developers will be expected to show evidence of attempts to market the property as a business in these areas.
3.9 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. - 4.0 PLANNING HISTORY
4.1 18/00870/C - Change of use from Public House to residential property. Refused. The appeal inspector in his report dated 1st October 2019 concluded at paragraph 40 and 41: The evidence that has been submitted is insufficient to justify the loss of the public house. The appellant has not provided sufficient evidence of attempts to market the property as a public house/restaurant and it has not been adequately demonstrated that the use is redundant and viable no longer, or that it cannot be made, commercially viable. The proposed change of use of the 'Liverpool Arms' and its use as entirely residential would therefore be contrary to General Policy 3, Community Policy 4 and Housing Policy 11 of the IOMSP 2016.
I do not consider that there are any appropriate conditions that would justify a granting of approval for the proposed change of use. However, if my recommendation is not accepted the only necessary condition would be the standard time condition for commencement.
4.2 The decision was considered by the Minister who accepted the recommendation and the appeal was dismissed and directed the Departments Refusal decision to be upheld on 20th November 2019.
5.1 The Local Authority Garff Parish Commissioners were written to (07/09/20) but at the time of writing, no comments had been received. - 5.2 Highways Services have commented (21/09/20) and do not object
6.1 Given the history of the site and the very recent inspectors recommendation that was upheld, the fundamental issues to consider in the assessment of this planning application is whether further information and evidence has been submitted that would address those reasons for refusal in accordance to the relevant policies (GP3, CP4, HP11) to justify the loss of the public house. The only information submitted was the email as detailed in para. 2.4. - 6.2 No sales particulars were attached with the application but searching the internet, on the Estate agents website it is being advertised for £310,000 exclusive and the following wording, "the property will be sold with a covenant preventing the use of the property in the future as a licensed premises. The owners would sell without the covenant at an asking price of £450,000 exclusive. - 6.3 Looking at recent comparable sales on the Island, currently on the market is the Glen Mona Hotel, Glen Mona. This is/ was until recently a functioning Public House, Hotel and Restaurant. The agents sales particulars note, this property has been refurbished to high standard throughout with an internal layout of 3 bedrooms, 5 reception rooms and 7 bathrooms with well-equipped commercial catering kitchen. This is on the market with an asking price of £389,000. - 6.4 The level of information submitted would not be considered to address those specific concerns raised in the previous inspectors report and those reasons for the previous refusal. The status as before remains the same with the covenant implied, the level of redundancy and viability remains the same and as the previous inspector commented, then and which is
relevant now, there is a lack of sufficient evidence to justify setting aside General policy 3, Community Policy 4 and Housing Policy 11 of the Strategic Plan. The asking price is an indicator that would be a detriment when looking at the comparable information and the adequacy of marketing has not been substantiated.
7.1 The application fails to demonstrate the loss of the public house and would be contrary to General policy 3, Community Policy 4 and Housing Policy 11 of the Strategic Plan. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Refused Date: 26.10.2020 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
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