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Application No.: 25/90681/B Applicant: Smoky Sam's BBQ Limited Proposal: Remove existing timber-clad store and install new external walk- in cold room. Site Address: The Old Mortuary Farrants Way Castletown Isle Of Man IM9 1NR Senior Planning Officer: Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 11.08.2025 _________________________________________________________________
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.
Reason: To ensure that any redundant infrastructure is removed and to comply with General Policy 2 and Environment Policy 35.
Having applied the Statutory Test of Section 18(4) of the Town and Country Planning Act (1999), due to the scale and design of the proposed, the Conservation Area shall be preserved. The proposed installation of a cold store structure would comply with General Policy 2, Environment Policy 35 and 22 of the Strategic Plan 2016.
This decision relates to drawings and supporting information received on 14th July2025, referenced; 343/020
Right to Appeal It is recommended that the following should NOT be given the Right to Appeal: None
_________________________________________________________________ Officer’s Report THE SITE
1.1 The application site identified in red is a rectangle single storey building with a marque / covered seating area to the eat elevation. The site is accessed from Farrants Way along a narrow passage between Castletown Police station and the boundary wall to the property to the south east, (formerly Isle of Man Bank) and sits opposite the commissioners building and its car parking area. The site is currently used as a restaurant. - 1.2 To the south west elevation of the building is a fenced off area (fence approx. 1.2m high) where the commercial bins are stored and there is a wooden framed store approx. 1.3m x 1.2m x 1.4m high. The current store is immediately opposite the rear entrance doors to the kitchen area. THE PROPOSAL
2.1 Proposed is the removal of the existing timber-clad store and install new external walkin cold room located to the north elevation of the building. The cold store would measure1.5m x 1.8m x 1.8m and would be a standalone metal cabinet. - 2.2 The agent notes that their client seeks; "to improve the restaurant and reinvest in the business to provide the best service possible and ensure its sustainability; the current requirement to do that is to install a large walk-in cold room, as detailed on the submitted drawing. The proposal is to replace the existing, defunct, store with the modern, fit-for-purpose cold room within the existing service area adjacent to the Kitchen which, it is considered, will enhance the appearance of that area".
3.1 19/00987/B - Addition of seven polycarbonate panels between poles of existing enclosure (retrospective). Approved.
18/01061/B - 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. Approved.
18/00789/B - Erection of demountable tent structure and enclosing wall. Approved. 18/00110/B - Variation of condition two of PA 17/00319/B, to extend the permitted opening hours to 7am-Midnight daily 17/00319/B - Alterations to facilitate the conversion of building into restaurant and takeaway with outdoor seating area PLANNING POLICY
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 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
General Policy 2 General Development Considerations Environment Policy 35 Preserve or enhancement for Conservation Areas 22 Protection from Statutory Nuisance (Noise) REPRESENTATIONS
5.1 Castletown Commissioners had not commented at the time of writing.
5.2 DoI Highways Services had not commented at the time of writing
5.3 There has not been any neighbouring representations received at the time of writing. ASSESSMENT - 6.0 The key considerations in the determination of the application are;
SECTION 18(4) TEST 6.1 The property is situated within a Conservation Area, as such it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works would preserve or enhance the Conservation Area. The proposals as further assessed below will ascertain whether there is any detrimental visual impact from the proposals. With this in mind and noting that the proposal is within the curtilage of an existing commercial business and its own fenced off area for storage and bins. As such, the proposals are small scale and should not alter the wider Conservation Area as a whole, the proposal at this stage would pass the Section 18(4) test by preserving the Conservation Area.
6.2 In terms of the proposal, the removal of the existing store and replacement with a freestanding cold store would be adjacent to the building and against the boundary wall. Its scale would be no higher than the buildings eaves level, which would act as its backdrop when viewed from the public highway of Farrants Way. In this instance the setting of the catering business is to the rear of those buildings that front onto Farrants way and also Castletown Square, it would be read in conjunction with the specific use and amongst the bin storage area.
6.3 From the site visit, it is noted the siting of the cold store and that of the fenced off storage area with the bins in are not readily visible when travelling along Farrants way and only "noticeable" (set back from the edge of the highway by approx. 20m) when passing the entrance adjacent to the police station. Consideration was given to whether this area or that of the cold store should be further enclosed but this would likely exacerbate the situation in terms of visual impact. - 6.4 Noting the cold store is a free standing unit, the level of permanency could be seen a temporary while the business is operational (for reference the previous use was a pizza company which is no longer in use) and could be easily removed if no longer needed without materially affecting the ground or any built structure of the building or boundary wall. On balance the proposal would be in accordance with GP2b,c,. CONSERVATION AREA
6.4 With regard to any adverse impact upon the existing conservation area and that of the character of the streetscene, it is important to note the land use is mixed-use and the
proposals are to serve an existing catering business within a defined area immediately adjacent to the building. The proposal would not be out of character here given the existing use and would have a neutral impact upon the conservation area helping to preserve the overall appearance of the street scene in accordance with EP35.
6.5 Given the proposal is a cold store and would be comparable with a typical freezer, there could be a concern for any noise from the operation (cooling) emitting from the unit. The agents have confirmed the specific unit to be used and this is specially designed for independent outdoor operation and have an integrated constriction condenser unit and will be partially silenced due to its surroundings and levels of insulation to keep the contents cool. The operating levels for sounds are noted as being around 43dB(A) which in terms of the environment it would be sited is very quiet and would be equivalent to a conversation between two people. As such the proposal is not considered to have any environmental concerns regarding noise nuisances and would comply with EP22.
7.1 For the above reasons, the proposal would not harm the character of the area or that of the conservation area and would comply with General Policy 2, Environmental Policy 35, of the IOMSP. The application is therefore recommended for approval.
RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to:
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make
comments in a professional capacity they cannot be given the Right to Appeal.
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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Signed : C BALMER Chris Balmer Principal Planner
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