Officer Report

Application No.: 15/00197/C Applicant: Property Wise Limited Proposal: Change of use of existing retail shop to an estate agency Site Address: Shop Balmoral Buildings Promenade Port Erin Isle Of Man IM9 6AG Case Officer : Miss Melissa McKnight Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The site is the curtilage of Shop, a ground floor retail unit located within Balmoral Buildings which is a three storey mid-terraced building sited on the eastern side of The Promenade, Port Erin. The site also lies within the proposed Port Erin Conservation Area.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the change of use of the Shop from retail to an estate agency. An estate agency falls under Class 2 of the Use Classes Order 2012 as a professional service as opposed to retail which falls under Class 1. - 2.2 There are no internal or external changes proposed.

3.0 PLANNING HISTORY - 3.1 The application site has not been the subject of any previous planning applications that are considered materially relevant to the assessment of this current planning application.

4.0 PLANNING POLICY - 4.1 The application site lies within an area of zoned as Mixed Use under the Area Plan for the South 2013. As previously mentioned, the site lies within the proposed Conservation Area. The written statement that accompanies the Area Plan for the South 2013 contains two policies that are considered materially relevant to the assessment of this current planning application:

Mixed Use Proposal 1 states: "In order to maintain and enhance the vitality of the Mixed Use areas in Port Erin, Castletown and Ballasalla, there will a presumption in favour of the retention of existing retail units on the ground floor although each case will be determined upon its circumstances and merits."

Mixed Use Proposal 3: "It is proposed that the Mixed Use area in Port Erin is extended to cover the Lower

Promenade to encourage a diversity of uses which would add to the overall vitality and viability of the Village."

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered materially relevant 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."

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."

Business Policy 7 states: "New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space:

• (a) on approved Business Parks for Corporate Headquarters which do not involve dad-today callers; or,
• (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance."

5.0 REPRESENTATIONS - 5.1 Port Erin Commissioners support the current planning application (05/03/2015).

- 6.0 ASSESSMENT

6.1 The fundamental issue to consider in the assessment of the application is whether the proposed use would be compatible with adjacent uses. - 6.2 In assessing how the proposal may affect the surrounding area, consideration should be given to the amenity of existing buildings and the compatibility of the proposed use with existing uses within the area and those within the locality. The surrounding area has been identified as Mixed Use; therefore the proposed use of the unit as an estate agency would be acceptable in this location. - 6.3 As stated in Mixed Use Policy 1, there is a presumption in favour of retaining retail on the ground floor and directing other uses to first floor premises in order to retain the viability and vitality of the town centre. It is not known if the current retail use of the building has ceased or moved location. However, there is an established business wishing to occupy the unit so in this sense the unit would be in use and would not lay empty which would be detrimental to the visual appearance of the street scene and the vitality and viability of Port Erin. - 6.4 Due to the mix of uses within this part of the town, it is considered that having an estate agency at this site would not undermine the retail character of the area and would still contribute a mix of uses which reflects the designation of the area as such. - 6.5 Given that there are no external alterations proposed to the building, the change of use is not judged to impact upon the character and quality of the proposed Conservation Area.

7.0 RECOMMENDATION - 7.1 For the reasons outlined above it is considered that the planning application is in accordance with General Policy 2, Environment Policy 35 and Business Policy 7 of the Isle of Man Strategic Plan 2007 and the Area Plan for the South 2013, and it is therefore recommended that the planning application be permitted.

8.0 PARTY STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits.

Recommendation Recommended Decision: Permitted Date of Recommendation:

24.03.2015

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 development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No approval is hereby granted to the erection of signage as such is regulated by the Town and Country Planning (Control of Advertisements) Regulations 2013. An application for Express Consent for the signage should be made under these provisions prior to the erection.

Reason: Advertisements are regulated by the Town and Country Planning (Control of Advertisements) Regulations 2013 and require Express Consent.

This approval relates to Location Plan, Site Plan and Floor Plan all date stamped as received on 24th February 2015.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 24.03.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed :…………M GALLAGHER.. Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management