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Application No.: 10/01820/B Applicant: Mr Stewart & Mrs Barbara Clague Proposal: Conversion of existing factory into a cafe / restaurant, exhibition area and heritage shop and alterations to car park vehicular access Site Address: - Former Manx Engineers Ltd Factory - Mines Road - Laxey - Isle Of Man - IM4 7NL ### Considerations Case Officer: Mr A Holmes Photo Taken: 01.03.2011 Site Visit: Expected Decision Level: Planning Committee ### Written Representations - Millstream Cottage 40 Mines Road Laxey Isle of Man | Interest expressed ### Consultations Consultee: IOM Water & Sewerage Authority (Water) Notes: No objection Consultee: Highways Division Notes: Do not oppose Consultee: Laxey Commissioners Notes: Approve Consultee: Manx National Heritage Notes: Interest expressed Consultee: Manx Electricity Authority Notes:** Interest expressed
The application site comprises the curtilage of the former Manx Engineering Ltd works and two associated car parking areas on Mines Road in Laxey.
23 March 2011 10/01820/B Page 1 of 6
The proposed development comprises the conversion of the existing factory into a café/restaurant, exhibition area and heritage shop and alterations to car park vehicular access.
The planning application is being considered by the Planning Committee due to the land use designation and proposed use.
Whilst the application site has been the subject of previous planning applications it is considered that none of these are specifically material to the assessment of this current planning application.
Laxey Village Commissioners recommend that the planning application be approved. The Department of Infrastructure Highways Division do not oppose the planning application. Manx National Heritage expresses an interest in the planning application. They outline discussions with the applicant regarding the future use of the proposed development as an interpretation centre for the Laxey Wheel and Mines. They state that they do not oppose the planning application.
The Isle of Man Water and Sewerage Authority do not oppose the planning application. The Manx Electricity Authority expresses an interest in the planning application. The owners and/or occupants of Millstream Cottage, which directly adjoins the application site, express an interest in the planning application. They initially objected to the proposal on the basis potential impact on the private amenity. However, following discussions with the applicant they advised that they were willing to withdraw their objection subject to a conditions requiring i) that trellis type fencing is attached and maintained to the balustrades adjacent to the window that directly overlooks their rear garden, patio and dining room; and ii) that a condition is imposed that the patio area that follows the south elevation of the building can only be used for building maintenance activities and as an evacuation route.
In terms of local plan policy, under the Laxey and Lonan Area Plan Order 2005 the Manx Engineers Ltd site is designated as light industrial use and the two associated car parking areas are within wider land designated as open space. The entire application site is located within a wider area of land that is designated as high landscape value and scenic significance, and all are within the Laxey Conservation Area. The Laxey and Lonan Area Plan Order 2005 contains four policies that are considered specifically material to the assessment of the planning application.
Policy L/IND/PR/1 states: "Where land is designated for industry, the accepted use of this land will be light industrial purposes as is defined in the 1982 Development Plan Order: That is "light industrial building (not being a special industrial building) in which the processes carried on or the machinery installed are such as could be carried on or installed in any residential area without detriment to the amenity of the area by reason of noise, vibration, smell, fumes, smoke, soot, ash, dust or grit or undue generation of traffic or parking of vehicles". (Part 1, paragraph 2 - page 2)."
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)."
Policy L/CRB/PR/6 states: "The importance of the Laxey Wheel and the Mines as internationally significant and the innovative and unique remains of the lead mining industry is recognised and the attainment of UNESCO World Heritage Site status for the site is to be encouraged."
Policy L/OSNC/PR/1 states: "There will be a general presumption against development in areas designated as open space or open space for particular purposes."
In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application.
General Policy 2 states: "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:
General Policy 3 states: "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of:
Environment Policy 35 states: "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."
The planning application seeks planning approval for the conversion of the existing factory into a café/restaurant, exhibition area and heritage shop and alterations to car park vehicular access. In terms of assessment it is necessary to firstly examine the principle behind the proposal and then, if the principle is acceptable, examine the site specific impacts of the proposed development.
In respect of the principle behind the proposal it is necessary to consider whether the use of land designated for light industrial use for non industrial purposes, and effectively the loss of industrial land within Laxey, is acceptable. Although there is a general presumption in favour of maintaining the status quo when taking land use designations into account it can be acceptable to allow development that does not accord with that land use designation where it is concluded that the reasons to allow such outweigh the reasons to maintain the aforementioned status quo.
In this instance, whilst the proposal will result in the loss of industrial land within Laxey it has to be accepted that the Manx Engineers site has not been in active use for several years and before its purchase by the current owners there appears to have been little serious interest from anyone looking for light industrial space. This perhaps reflects the relatively poor location of the site and the quality of the buildings available within the site when modern standards and requirements are taken into account. In addition to this it has to be recognised that the application site is located within close proximity of the Laxey Wheel. As highlighted by policy contained within the Laxey and Lonan Area Plan Order 2005 the Laxey Wheel is of major national and international significance. At present visitor facilities for the interpretation of the Laxey Wheel and the wider mining history of Laxey are limited. Policy L/CRB/PR/6 of the Laxey and Lonan Area Plan Order 2005 encourages the recognition of the importance of the Laxey Wheel and the Mines with an aspiration for the attainment of UNESCO World Heritage Site status. General Policy 3 of the Isle of Man Strategic Plan 2007 also refers to importance of development related to interpretation of the Island's heritage. The proposed development appears to directly satisfy those aspirations. On the basis of the above it is considered that the reality of the commercial viability of the site for industrial use and its potential to constitute a bad neighbour within the predominantly residential surrounding area is outweighed by the provision of a community facility seeking to provide visitor facilities for the Laxey Wheel that are currently lacking. As such it is concluded that the principle behind the proposed development is acceptable.
With the principle behind the proposed development accepted it remains necessary to assess the site specific impacts of the proposal. When assessing these the three main issues to consider are i) impact on public amenity; ii) impact on private amenity; and iii) impact on highway safety.
In terms of impact on public amenity it can be seen that the majority of the works involved in the conversion of the existing factory into a café/restaurant, exhibition area and heritage shop are internal. The external alterations are generally related to the repair of the building and preparation for the subsequent proposed use. The alterations include a number of new openings to provide access, an area of decked with associated fencing and the addition of a waterwheel feature. Given the overall scale of the buildings contained within the application site and appearance of this alterations and extensions it is considered that the impact on public amenity is relatively modest and acceptable. As part of the assessment of impact on public amenity it is necessary to consider the
impact of the proposed development on the Conservation Area in which the application site is located. In this respect as the proposed alterations are relatively modest any such impact is limited. The character and appearance of the Conservation Area is preserved and could be said to be potentially enhanced by the proposed use that is clearly related to the interpretation of the area's heritage.
As regards impact on private amenity the only property that could be said to be potentially affected is Millstream Cottage, the occupants of which have expressed concerns within representations to the planning application. They are primarily concerned with overlooking and subsequent loss of privacy from the proposed development into their property and in particular their garden. As they acknowledge within their representations this issue can be addressed through the provision of additional screening and the control of the use of the part of the proposed development. As both of these issues can be addressed by condition it is concluded that the impact of the proposed development on the private amenity of Millstream Cottage can be appropriately limited. Due to distance and positioning the proposed development is not considered to affect the private amenity of any other properties within the area.
Turning to the impact on highway safety the main issue to consider is the provision of appropriate car parking to serve the proposed development. Whilst the proposed use is not specifically covered by the parking standards found at Appendix 7 of the Isle of Man Strategic Plan 2007 the proposal is served by two sizable car parking areas in close proximity to the main part of the proposed development. The amount of car parking that would be afforded by these two areas is considered to be acceptable for the proposed development and use. The proposed alterations to the visibility for these two areas have been done in consultation with the Department of Infrastructure Highways Division and are acceptable.
Overall, based on the above it is concluded that the proposed development and use is acceptable. It is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application should be afforded interested party status:
Laxey Village Commissioners; Manx National Heritage; The Isle of Man Water and Sewerage Authority; and The owners and/or occupants of Millstream Cottage. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Department of Infrastructure Highways Division; and The Manx Electricity Authority.
Recommended Decision: Permitted Date of Recommendation: 07.03.2011 Conditions and Notes for Approval / Reasons and Notes for Refusal
N : Notes attached to conditions R : Reasons for refusal
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to drawing no.s 243.1.1, 243.1.2, 243.1.3, 243.1.4, 243.1.5 and 243.1.6 date stamped 10th December 2010.
Prior to the commencement of the use of the development a scheme for providing screening of Millstream Cottage from the application site must be submitted to and agreed in writing by the Planning Authority. Such scheme must include drawings of the proposed screening.
The decking area and adjacent area in front of the building shown on drawing no. 243.1.3 shall not be used as an external seating area and shall be utilised only for building maintenance and evacuation purposes.
The applicant is advised to discuss the detail of the scheme proposed to address condition no. 3 with the owners of Millstream Cottage prior to its submission to the Planning Authority.
I confirm that this decision has been made by the Planning Authority in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : Authority Meeting Date :
Signed : Presenting Officer Further to the decision of the Authority an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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