Planning Officer Report Recommendations

Planning Officer Report And Recommendations {{table:22140}} {{table:22139}}

Officer's Report

THIS APPLICATION IS RECOMMENDED TO BE CONSIDERED BY THE PLANNING COMMITTEE AS THE PREVIOUS APPLICATION TO CONVRT THE BUILDING WAS CONSIDERED BY THE PLANNING COMMITTEE AND THIS APPLICATION PROPOSES AN ADDITIONAL USE OF THE CONVERTED BUILDING.

Introduction

1. This application seeks approval for the additional use of a building in Laxey as a multi functional centre.

The Site

1. The application site comprises the curtilage of the former Manx Engineering Ltd works and two associated car parking areas on Mines Road in Laxey. The site has been converted to a cafe and an exhibition hall.

Proposed Development

1. The proposal seeks approval for the additional use of the approved exhibition hall as a multi function centre. The applicant has provided an accompanying letter which sets out what is proposed. This states:

"the existing complex approximately four years ago was an engineering factory (Manx Engineers), we applied and gained full planning permission to convert the property to form a high class tea room/restaurant and exhibition hall, including restoring the water wheel etc. to form a very attractive complex.

The hall was to have been let to Manx National Heritage as a Laxey Wheel and Mines Heritage Centre Exhibition, but due to Government cut backs this has been put on hold and will probably not happen now.

The Corn Mill Tea Rooms/Restaurant has now been operating for one year and has become a great attraction for visitors and locals alike. Operating very successfully and becoming a real asset to the area and the Island.

With regard to the exhibition hall, we have put on a Laxey Wheel and Mines Exhibition ourselves with visiting art and craft attractions and a shop.

Subject to planning we propose to temporarily close down the exhibition hall and carry out refurbishments to a very high standard and re-open with a top class Laxey Wheel and mines exhibition, plus additional facilities for functions such as weddings, wakes, ladies/gents groups, church outings, training room, small functions etc.

It is hoped the complex will become a very good example of green energy with the installation of water to air heat pump turbine and air conditioning with all the latest LED lighting and energy conservation controls."

1. The letter continues by setting out the following considerations:

"Impact upon adjacent properties

Most neighbours are very pleased with this new complex as they are glad not to have an engineering works any longer which sometimes worked 24/7 with oil smells etc. It has also the new complex has increased the value of properties in the surrounding area.

Noise

The whole building has been double glazed and insulated. The outside patio and smoking area has been formed on the lake side, as far away as possible from the two closest neighbours. Screens have been installed in order to keep their properties out of sight. Naturally we have kept our neighbours fully informed with our proposals and they have not objected to myself and in fact have become good friends.

We see the function room being used mostly during the day, but there could be evening functions which could last until 11.30pm max, probably two or three a month. As this is going to be a very high class venue, it is not envisaged the use of 'rock bands' or disco type music events.

To confirm we would not require any alterations to existing planning conditions."

Planning History

1. The site has been the following applications:

10/01820/C - Conversion of existing factory into cafe/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:

C3. 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.

C4. 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.

Note: 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.

12/01239/B - Extension to form disabled toilet facility - approved. This is recent application which proposed a small extension to provide a disabled W.C.

Representations

1. Laxey Village Commissioners recommend that the planning application be approved.

1. The Department of Infrastructure Highways Division do not oppose the planning application. It is stated that additional information from the applicant has been received and the application provides adequate car parking facilities for the proposed facilities. There are facilities to allow for coaches to turn and coach parking in the vicinity. Disabled spaces are also provides. Finally it is stated that the facilities are also accessible on foot from public car parking in the vicinity.

1. The owners/occupiers of Ivydene, Wheel Hill, Laxey object to this application. Their objection may be summarised as concerns that parking and traffic problems would occur if the additional use was permitted, particularly if weddings and wakes are being held. Concerns relating to noise are also raised and reference is made to a recent event which took place at the exhibition centre which had loud music and went on until 11.45pm. It is stated that since the site was redeveloped, traffic congestion and road safety concerns have increased. It is inferred that the site notice has not been displayed for the requisite period. In response to the issues raised, the applicant has stated that the site notice has been displayed and continues to be. It is stated that noise will not be an issue due to the fact that the type of client that they are hoping to attract would not cause disruption. It is further stated that the Highways Division is satisfied with the proposal.

Planning Policy

1. 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."

1. 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

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:

• (a) essential housing for agricultural workers who have to live close to their place of work; (Housing Policies 7, 8, 9 and 10);
• (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11);
• (c) previously developed land which contains a significant amount of building; where the continued use is redundant; where redevelopment would reduce the impact of the current situation on the landscape or the wider environment; and where the development proposed would result in improvements to the landscape or wider environment;
• (d) the replacement of existing rural dwellings; (Housing Policies 12, 13 and 14);
• (e) location-dependent development in connection with the working of minerals or the provision of necessary services;
• (f) building and engineering operations which are essential for the conduct of agriculture or forestry;
• (g) development recognised to be of overriding national need in land use planning terms and for which there is no reasonable and acceptable alternative; and
• (h) buildings or works required for interpretation of the countryside, its wildlife or heritage."

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."

Assessment

1. The planning application seeks planning approval for the additional use of the approved exhibition centre as a multi-functional centre. The main issues to assess in considering this proposal are judged to be parking and road safety issues, impatcs upon the surrounding area and impacts upon the amenity of neighbouring properties.

1. The site is already in use as a cafe/restaurant with exhibition hall along side. The development would seem to have been successful and was relatively busy at the time of the case officer's site visit. There are two car park areas associated with the site and the Highways Division has reviewed this proposal and concluded that there is sufficient parking provision to serve it. On this basis, it is concluded that the proposed use could be adequately served by the existing parking provision. Notwithstanding this, the concerns of the residents of Ivydene are noted.

1. The site is a Conservation Area and as such any development must be assessed in terms of its impacts upon the character and appearance of the area (EP35). In this case, the additional use would be carried out without any external works and as such there would be no impacts upon the Conservation Area.

1. Turning to impacts upon the amenity of surrounding properties, the proposed use would allow for a variety of different types of functions to take place, some of which the applicant expects to end as late as 11.30pm. Careful consideration of such a use is required to ensure that the amenity currently enjoyed by residents is not unacceptably affected. Mill House sits directly opposite the front of the exhibition hall, on the other side of Mines Road. If functions were to go on until late in the evening, it could be expected that the amenity of Mill House would be unduly harmed. The use of the outside area to the north west of the building would likely be sufficiently distanced from Millstream Cottage to the south to prevent unacceptable harm. The condition attached to the 2010 application limited the use of the veranda closest to this property should be re-applied should this application be approved.

1. It is judged that the pivotal issue in assessing this application is the potential impacts that the use could have on surrounding properties. It is however recognised that the building could provide a valuable community facility. Taking all of the above issues into account, it is recommended that the application be permitted but subject to conditions which seek to prevent unacceptable impacts upon nearby properties. The hours of use should be controlled and Condition 4 of the 2010 application should be reapplied. It is considered that a reasonable set of opening hours would be 9am and 10pm Monday to Saturday and between 10am and 8pm on Sundays. This is not as late as the applicant suggests in their letter (11.30pm) however it is judged to be a reasonable balance between protecting amenity and allowing the facility to function.

1. If the Planning Committee is unsure about the potential noise impacts that may arise from the proposal, it could elect to allow for a temporary approval of say 1 or 2 years. This would allow any issues of disturbance to be monitored and this information could then be used assist in the assessment of any future application to allow use to continue on a permanent basis.

Party Status

1. The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.

1. It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore recommended to be afforded Interested Party Status:

1. The owners/occupiers of Ivydene, Wheel Hill, Laxey raise concerns regarding increased traffic and congestion as a result of the proposed use. It is judged that this concern meets with part (d) of the Circular which gives interested party status to:

"persons owning or residing in land or buildings, the legitimate enjoyment of which would be adversely affected by reason of -

• (i) noise, dust, or smell arising from the site as a consequence of the development; or
• (ii) traffic generated by the development".

1. Accordingly the following parties are not recommended to be granted Interested Party Status:

The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 16.10.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

C 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.

C 2. This approval relates to the additional use of exhibition hall as a multi functional centre, Old Corn Mill Mines Road, Laxey as shown by 243.11, 243.1.12, 243.1.13 and support letter all received 7th September 2012.

C 3. The decking area and adjacent area in front of the building shown on drawing no. 243.1.11 shall not be used as an external seating area and shall be utilised only for building maintenance and evacuation purposes.

C 4. Notwithstanding the times of operation set out in the support letter which accompanies the application this approval allows for the use of the building as a multi functional centre. The use

may take place only between the hours of 9am and 10pm Monday to Saturday and between the hours of 10am and 8pm on Sundays.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made: APPROX Committee Meeting Date: 29.10.12

Signed: Dolaloy Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO