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Application No.: 17/00812/C Applicant: Mr Stewart & Mrs Barbara Clague Proposal: Additional use of balcony as seating area in association with multi function centre Site Address: Ballacregga Corn Mill Salmon Lake Centre Mines Road Wheel Hill Laxey Isle Of Man IM4 7NL Case Officer : Mr Jason Singleton Site Visit: 17.08.2017 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 31.10.2017 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
APPLICATION SITE THIS APPLICATION WAS DIRECTED BY THE SPO FOR DETERMINATION BY THE PLANNING COMMITTEE AS THE ORIGINAL APPLICATION HAD BEEN.
The application site is the curtilage of The Salmon Centre and associated mill pond, an existing footpath leading from the Corn Mill car park that runs behind the dwellings on Wheel Hill, and area of woodland below the Laxey Wheel car park.
PROPOSAL
2.1 Proposed is additional use of the balcony as a seating area in associate with the multifunction Centre. A condition was added to a previous approval which only allowed the use of the balcony area for maintenance and a fire escape only. This application seeks to remove this condition to allow the use as part of the function centre. PLANNING HISTORY - 3.1 The following previous planning applications are considered relevant in the assessment and determination of this application;
3.2 10/01820/B - Conversion of existing factory into café/ restaurant, exhibition area and heritage shop and alterations to car park vehicular access. This application was approved by the Planning Committee. Of the conditions attached to the approval, the following are judged to be relevant:
3.3 12/01239/B - Extension to form disabled toilet facility. Approved. - 3.4 12/01240/C - Additional use of exhibition hall as a multifunction centre. Approved. - 3.5 13/00246/B - Creation of a footpath, erection of foot bridge and car park wall and amendments to PA 10/01820/B. Approved,
PLANNING STATUS 4.1 In terms of local plan policy, the application site lies within an area designated as part Industrial and part Area of High Landscape Value and Scenic Significance in the Laxey and Lonan area plan Order 2005. The application site is also within the Laxey Conservation Area.
4.2 The written statement that accompanies the Local Plan contains two policies that are considered relevant to the assessment of this planning application;
Policy L/CRB/PR/4 states: "Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."
4.6 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. - 4.7 Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.
OTHER MATERIAL CONSIDERATIONS: None.
REPRESENTATIONS
5.1 Garff Parish Commissioners have not commented either way (25/09/17) but have noted the original permission condition the use regarding noise concerns and mentioned the effect on neighbours in the immediate vicinity needs to be assessed by planning and the Licensing Authority.
5.2 Highways Services do not oppose (05/09/17)
5.3 Residents of Mill Stream Cottage, 40 Mines Road, Laxey have objected on 31st August 2017 with regard to;
5.4 The manager for the Corn Mill has commented (03/10/17) to add their support to the application highlighting how the premises are currently used and how the balcony area would be utilised as part of the restaurant. - 5.5 The applicants have commented at length (02/10/17) to provide a degree of history of how the premises came about and its evolution. Further comment has been provided concerning matters with the adjacent property owners at Millstream Cottage. - 5.6 A copy of the Licensing restrictions for the premises has been included with the application documentation by the applicants which places control on the hours of operation for music until 11pm Monday to Thursday and 12 midnight on Friday and Saturday. Also noted are conditions limiting the upper decibel of music, access arrangements, smoking areas, management and housekeeping.
ASSESMENT
6.1 The fundamental issues to consider in the assessment of this planning application are;
6.2 With regard to the balcony area, the physicality of this is already in existence and this application seeks to allow the use of such for purposes other than maintenance and to be used in conjunction with the restaurant. The planning condition No.4 was placed on the original approval as at the request and agreement of the applicant and adjacent neighbour at Mill Stream Cottage. In this instance greater weight is placed on Environment Policy 22.
6.3 The balcony area in question is located towards the rear elevation of the building and set in from the forward most part of the building line on the south elevation. The nearest part of the balcony and its staircase is approx. 37m to the public Highway. Visually, when looking from the highway the balcony area is read as part of the building, with timber spindles and hand rail painted to match the doors and windows on this elevation. It is understood the area beneath the balcony is private and not available to the public and further noted the flooring to the balcony area is tiled and not timber decking. This balcony area runs parallel to the river and the rear most portions of the building are partially screen from the highway by the overhanging tree branches, across the river. The physical aspect of the proposal poses no visual harm to the building, streetscene or conservation area in accordance with Environment Policy 35 and Environment Policy 2. - 6.4 Having walked around the Salmon Centre, to access the balcony from the south elevation you have to walk past the existing café area which features an outside seating/dining area to the staircase which leads up to the balcony. The proposed use of the balcony for seating area would be compatible with the existing use of the Salmon Centre and not considered detrimental to the existing uses on the basis there is already a café with outside seating in existence on the south elevation.
6.5 The physical relationship between the northern most point of Mill stream Cottage and the balcony is approx. 15m when measured on google maps. (It was not possible to get a direct line of sight with the laser tape measure due to the density of the canopy of trees overhanging the river). The northern elevation of the Cottage features windows and patio
doors leading out onto a block paved area with patio furniture and a bbq. This area is boarded by a low 1.0m picket timber fence. The area beyond the fence line is a more wild garden area with evidence of burning. The front elevation of the building faces east with the main views out across towards the highway and front gardens which sit at a lower level. To the south elevation is a timber decking area with domestic tables and chairs with grass areas.
6.6 Having stood on the balcony and within the gardens of Mill Stream Cottage, given the orientation of the buildings; the separation distances between the built forms; and the mature flora segregating the two properties, the physical use would not be considered to erode the privacy already enjoyed at Mill Stream Cottage nor is it considered to have any adverse impact on their residential amenity.
6.7 When standing on the block paved area on the north elevation of Mill Stream Cottage, it was not possible to see the balcony or café area across the river due to the mature planting consisting of hedging and trees running adjacent to the river. It was also noted at the time of my site visit, the audible sounds of the river which created a higher background noise level making it difficult to hear any noise associated with the café/tea room (which was in operation with customers), or vehicles on the highway to the east of this location. - 6.8 Distance will cause noise to dissipate and given the 15m distance between the two closest points and the intervening mature hedging, twinned with the background noise of the river, appears to attenuate noise substantially enough. However this isn't to say at any other time, given the right conditions, it may not be the case. - 6.9 I do not feel the need for a noise impact assessment, which would merely provide equivalent continuous sound levels, as the level of noise here would be no more of a human conversation. In this case it would be reasonable to make a subjective and qualitative assessment in that it would be difficult to hear a conversation on the balcony above the noise of the river and the existing café. Any noise would be attenuated by the intervening distance, topography and vegetation. - 6.10 The applicant notes additional use of the balcony would be in association with the multi-function centre. When looking at the plans due to the internal configuration, it would mainly be used by occupiers of the room that is accessible from the patio doors, (the Waterfall Room). This room is separate from the main function hall and is segregated to avoid confliction of use. The applicant has suggested a condition that limits the use of the balcony to ensure it does not become a thoroughfare or alternative entrance to the building. The manager for the premises have highlighted the room is mainly used for private dining and would seek the use of the balcony in conjunction with this room. - 6.11 On balance and considering the representations received as noted in paragraphs 5.15.5, the use of the balcony would be appear to be less frequent than the tea room/café with its outside seating area on the ground floor, south elevation that is open 7 days a week. In this instance, being satisfied the use of the balcony would be minimal and the level of harm negated, an appropriate worded condition can be included to any approval. This may give a degree of comfort to the adjacent residents of Mill Stream Cottage to ensure a degree of control can be exercised over the specific use and the hours operated. CONCLUSION
7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and is recommended for approval with a use condition.
8.2 It is recommended that the following persons should be given Interested Person Status as they are 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 following neighbouring properties that have written in are considered to be directly affected by the proposal;
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : …Permitted.. Committee Meeting Date:…27.11.2017
Signed :………J SINGLETON……….. Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO
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