Planning Committee Minutes Retrospective Apps

6. The Committee considered and determined the schedule of planning applications as follows. ### Item 6.1 Ground Floor 20,22 And 24 Arbory Street Castletown Isle of Man IM9 1LJ ### Pa09/00610/B Conversion of retail space to include sale of hot and cold food for consumption off and on the premises and including the installation of external flue Applicant: Callow's Yard Enterprises Limited Case Officer: Miss S E Corlett Recommendation: Permitted The case officer reported on the matter and summarised the key issues as set out in the report. The Committee noted that the application was retrospective, and discussed its validity as the applicant had not declared on the application form that the works had been undertaken. The Committee expressed concern that determining a retrospective application which was part of a large development would be inappropriate but, with the exception of Mr Killip, agreed that the application should be determined. ### Decision With the exception of Mr Killip, who believed that the application was invalid and should not be capable of being considered, the Committee were minded to accept the recommendation of the case officer to approve the application subject to legal advice regarding the validity of the application. If the advice received indicated that the application was valid, determination of the application should be delegated to the Director, and the approval should be subject to the following condition. C 1. This permission relates to the use of the site as a restaurant and take-away as shown in drawings PA610/01, PA610/01, PA610/03 and PA610/04 all received on 18th September, 2009. ### Party Status Interested party status was considered by the Committee and agreed as recommended. ### Item 6.2 Ground Floor Arbory Court Arbory Street Castletown Isle of Man ### Pa09/00611/B Conversion of ground floor to commercial kitchen to serve function hall and adjacent restaurant. Applicant: Callow's Yard Enterprises Limited Case Officer: Miss S E Corlett Recommendation: Permitted The case officer reported on the matter and summarised the key issues as set out in the report. The Committee noted that the application was retrospective, and discussed its validity as the applicant had not declared on the application form that the works had been undertaken. The Committee expressed concern that determining a retrospective application which was part of a large development would be inappropriate but, with the exception of Mr Killip, agreed that the application should be determined. ## Decision With the exception of Mr Killip, who believed that the application was invalid and should not be capable of being considered, the Committee were minded to accept the recommendation of the case officer to approve the application subject to legal advice regarding the validity of the application. If the advice received indicated that the application was valid, determination of the application should be delegated to the Director, and the approval should be subject to the following condition. C 1. This permission relates to the use of the ground floor of the application building for the preparation of food and meals for serving within the units within Callow's Yard for consumption on and off the premises as shown in drawings PA611/01, -02, -03 and -04 all received on 18th September, 2009 ### Party Status Interested party status was considered by the Committee and agreed as recommended. ### Item 6.3 Ground Floor to rear of 19 Malew Street First and Second Floors to rear of 17 \&19 Malew Street Castletown Isle of Man IM9 1AD PA09/00613/B Change of use of approved residential unit to lounge/bar with restaurant. Applicant: Callow's Yard Enterprises Limited Case Officer: Miss S E Corlett Recommendation: Permitted The case officer reported on the matter and summarised the key issues as set out in the report. The Committee noted that the application was retrospective, and discussed its validity as the applicant had not declared on the application form that the works had been undertaken. The Committee expressed concern that determining a retrospective application which was part of a large development would be inappropriate but, with the exception of Mr Killip, agreed that the application should be determined. ### Decision With the exception of Mr Killip, who believed that the application was invalid and should not be capable of being considered, the Committee were minded to accept the recommendation of the case officer to approve the application subject to legal advice regarding the validity of the application. If the advice received indicated that the application was valid, determination of the application should be delegated to the Director, and the approval should be subject to the following condition. C 1. This permission relates to the use of the first and second floors of the site as defined in the submitted plans reference PA613/01, PA613/02, PA613/04, PA 613/05, all received on 6th April, 2009, and PA613/03 received on 18th September, 2009, for the sale of food including hot food and drink for consumption on the premises. ## Party Status Interested party status was considered by the Committee and agreed as recommended. ### Item 6.4 17 \& 19 Malew Street Castletown Isle of Man IM9 1AD PA09/00614/B Creation of lower floor for use as a gallery (Re advertised due to amended plans and proposal description) Applicant: Callow's Yard Enterprises Limited Case Officer: Miss S E Corlett Recommendation: Permitted The case officer reported on the matter and summarised the key issues as set out in the report. The Committee noted that the application was retrospective, and discussed its validity as the applicant had not declared on the application form that the works had been undertaken. The Committee expressed concern that determining a retrospective application which was part of a large development would be inappropriate but, with the exception of Mr Killip, agreed that the application should be determined. ### Decision With the exception of Mr Killip, who believed that the application was invalid and should not be capable of being considered, the Committee were minded to accept the recommendation of the case officer to approve the application subject to legal advice regarding the validity of the application. If the advice received indicated that the application was valid, determination of the application should be delegated to the Director and the approval should be subject to the following conditions. C 1. This permission relates to the creation of a basement for use as a gallery as shown in drawings PA614/01, -02, -03 and -04 all received on 18th September, 2009. C 2. The development hereby permitted shall commence before the expiration of four years from the date of this notice. ### Party Status Interested party status was considered by the Committee and agreed as recommended. ### Item 6.5 10 \& 12 Arbory Street Castletown Isle of Man IM9 1LJ PA09/00617/B Conversion of ground floor retail area and use of mezzanine area for the sale of hot and cold food for consumption on and off the premises Applicant: Callow's Yard Enterprises Limited Case Officer: Miss S E Corlett Recommendation: Permitted The case officer reported on the matter and summarised the key issues as set out in the report. The Committee noted that the application was retrospective, and discussed its validity as the applicant had not declared on the application form that the works had been undertaken. The Committee expressed concern that determining a retrospective application which was part of a large development would be inappropriate but, with the exception of Mr Killip, agreed that the application should be determined. ### Decision With the exception of Mr Killip, who believed that the application was invalid and should not be capable of being considered, the Committee were minded to accept the recommendation of the case officer to approve the application subject to legal advice regarding the validity of the application. If the advice received indicated that the application was valid, determination of the application should be delegated to the Director and the approval should be subject to the following condition. C 1. This permission relates to the creation of a mezzanine area and the use of this and the associated unit for the sale of hot and cold food for consumption on the premises, as shown in drawings PA617/01, -02, -03 and -04 all received on 18th September, 2009. ### Party Status Interested party status was considered by the Committee and agreed as recommended. The Committee discussed the granting of party status to the occupier of 27 Arbory Street, but were reassured by the Case Officer that the property was sufficiently distant from the proposal so as not be affected by the proposal. The case officer reported on the matter and summarised the key issues as set out in the report. The Committee noted that the application was retrospective, and discussed its validity as the applicant had not declared on the application form that the works had been undertaken. The Committee expressed concern that determining a retrospective application which was part of a large development would be inappropriate but, with the exception of Mr Killip, agreed that the application should be determined. ### Decision With the exception of Mr Killip, who believed that the application was invalid and should not be capable of being considered, the Committee were minded to accept the recommendation of the case officer to approve the application subject to legal advice regarding the validity of the application. If the advice received indicated that the application was valid, determination of the application should be delegated to the Director, and the approval should be subject to the following conditions. C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. {{table:486679}} C 2. This approval relates to the alterations and construction shown in drawings 01-17 inclusive all received on 18th September, 2009. N 1. The applicant is encouraged to discuss with the Conservation Officer a scheme of appropriate colour for the external finishes of the buildings, particularly the shop fronts, to introduce individuality to each building. ## Party Status Interested party status was considered by the Committee and agreed as recommended. ### Item 6.7 Ballacomish Ronague Road Ballabeg Castletown Isle of Man IM9 4HF PA09/01557/B Alterations, erection of extensions, creation of stabling with staff accommodation and home office and landscaping Applicant: Mr Daniel Craddock Case Officer: Miss S E Corlett Recommendation: Permitted The case officer reported on the matter and summarised the key issues as set out in the report. ### Decision The Committee accepted the recommendation of the case officer and the application was approved subject to the following conditions. C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This permission relates to the alterations and extensions, the erection of an indoor manège, stabling, garaging and landscaping all as shown in drawings , -100,-101,-200,-300,914 P 001. -002,-100,-101,-300,-301,915 P 100, -101,-102, -300,-301,302 and 01 all received on 22nd September, 2009. C 3. All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of the development or the occupation of the dwellings, whichever is the sooner. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species. C 4. The accommodation above the new garaging may be used only for persons associated with the equestrian facilities and/or the dwelling and many not be occupied separate therefrom. C 5. The equestrian facilities may be used only as private facilities in association with the occupation of Ballacomish House as defined in the approved plans. ### Party Status Interested party status was considered by the Committee and agreed as recommended.