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Application No.: 20/01444/B Applicant: Isle Of Gelato (By The Sea) Proposal: Erection of a detached kiosk for the sale of hot and cold food and drink (classes 1.1 and 1.4) Site Address: Land Adjacent To The St Marys Chapel Car Park Quay Lane Castletown Isle Of Man IM9 1LE Principal Planner: Miss S E Corlett Photo Taken: 27.01.2021 Site Visit: 27.01.2021 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 14.05.2021 _________________________________________________________________
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.
It is considered that the kiosk will have a neutral impact on the character and appearance of the Conservation Area thus preserving both aspects and with no adverse impact on flood risk or highway safety all in compliance with General Policy 2, Environment Policies 10, 13 and 35, Business Policy 9, Strategic Policy 9 and Planning Policy Statement 1/01 and the land use designation and Mixed Use Proposals 1 and 3 of the Area Plan for the South.
Plans/Drawings/Information; This decision relates to drawings 1B, 2B, 3A and 5 received on 21st April, 2021. _______________________________________________________________
Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Department of Infrastructure's Flood Risk Management Division
It is recommended that the following parties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
the owner of 20, Kissack Road and the Isle of Man Natural History and Antiquarian Society as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy, their property is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE SITE IS SUBJECT TO COASTAL OVERTOPPING AND ALSO AS THE SITE IS OUTWITH THE AREA DESIGNATED FOR MIXED USE ON THE AREA PLAN FOR THE SOUTH BUT IS RECOMMENDED FOR APPROVAL
1.1 The site is part of the existing St. Mary's Chapel Car Park which in its entirety sits between The Parade, Parliament Square, the harbour and Parliament Lane. The part where the kiosk is to be located sits slightly off the main area and is paved with paviors with a tarmacadam approach and there is a stone sculpture on a stone plinth alongside an area walled off from the car park by low stone walling and there is a bin and bench/table within the area and an additional seating area to the south east overlooking the sea wall. THE PROPOSAL - 2.1 Proposed is the erection of a kiosk for the sale of hot and cold food for consumption off the premises (Class 1.3) in the area currently occupied by the table and chairs. The kiosk was originally to be 5m by 3m with an eaves height of approximately 2.4m and a slightly angled roof which overhangs the front elevation by 1m. The structure will rise above the harbour wall to the by 1.3m
2.2 The building will be externally clad in vertical Cedar with black fascias and soffits throughout. It will have patio/sliding doors on two elevations and a window on the third with the rear elevation being blank. - 2.3 It is proposed to remove some of the stone walls within the area to accommodate the kiosk. - 2.4 The kiosk is proposed to be operational between 1100 and 2000hrs on Thursdays and Sundays and on Fridays and Saturdays between 1100 and 2100hrs. Amended plans - 2.5 Following concerns raised by the Planning Office regarding the impact of the structure on the character and appearance of the area, amended plans have been received which now show the building having a pitched roof finished in metal corrugated sheeting and with the
replacement of the previously proposed bifold doors with a serving hatch and with vertical cladding changed to horizontal boarding. The position of the building is also amended to take account of the need for access around the building drawings submitted on 21st April, 2021).
3.1 The site lies within an area designated on the Area Plan for the South as Car Park. The site is also within the town's Conservation Area where Environment Policy 35 and Planning Policy Statement 1/01 both presume in favour of development which preserves or enhances the character or appearance of the Area. In addition to the CA status of the area, there are also a number of Registered Buildings in the vicinity of the site - St. Mary's Chapel, the Old Grammar School being the closest.
3.2 As such, the following parts of the Strategic Plan are relevant:
General Policy 2: "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:
3.3 The site appears to be just within an area of high risk of tidal flooding on the national flood risk maps. The DoI Flood Risk Management Team have been contacted for their views. Flooding is referred to in GP2 above and Environment Policies 10 and 13 also advise against approving development which would be at risk from or which would increase the risk of flooding. - 3.4 The Strategic Plan and the Area Plan talk of the need to maintain a healthy and diverse economy and Strategic Policy 9 requires that all new retail development must be sited within town and village centres on land zoned for these purposes. Business Policy 1 states "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan." - 3.5 Business Policy 9: The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment. - 3.6 The Area Plan for the South acknowledges the important in Castletown of specialist shops (paragraph 3.9.2) and presumes in favour of the retention of retail uses on the ground floor (Mixed Use Proposals 1 and 5).
4.1 The site has not been the subject of any previous applications. REPRESENTATIONS
5.1 Castletown Commissioners were consulted on 14th December, 2020 and 24th March, 2021
. They advise on 07.05.21 as follows and offer further explanation on site as to the Commissioners' intentions for the town:
"The Kiosk is a concept that is fully supported by the Commissioners, it is on land controlled by us and under normal circumstances we would have made the application directly however the applicant wished to expedite matters and made the submission independently.
The Commissioners have for some time been working to identify under utilised areas of the town, and the initial concept was for some form of temporary structure that could be craned in and out to be located on the Quayside under our carpark that could operate on a seasonal basis (Think Peel Kiosk in temporary form - and attached image for the inspiration).
Unfortunately harbours were lukewarm on the idea as they considered that the quayside was already too congested so we have offered the proposed location as an alternative.
The site is a carpark in an area formed by demolition and clearance of the historic properties, this is intended to be a modern, vibrant structure with a limited lifespan and the project is in danger of being unaffordable if the applicants are made to recreate a pastiche of the past as is being demanded by one objector.
Castletown is evolving and whilst the night-time economy is growing, we need to try and offer low cost spaces for other businesses in the town. The Board of Castletown Town Commissioners embrace the heritage of the town but consider it essential to remain forward looking.
I would entirely refute the backward looking comments made by the objectors and would point to the current declining high street as the need seek alternative low rent solutions for a modern Castletown as is the case in other areas of the British isles. (See below from the Times 31st Jan 2021)."
5.2 Highway Services initially objected to the application on the basis that it should be moved away from the sea walls to allow access for maintenance and inspector and to avoid impact of severe weather (01.12.20). The amended plans do not provide the 1m separation required and they continue to object on 14.04.21. They confirm on 22.04.21 that they no longer object as the amended drawing 5 includes 1m clearance from the sea wall which is sufficient for inspection and maintenance purposes. - 5.3 The owner of 20, Kissack Road in Castletown notes the historic importance of the setting of the proposed building which includes Registered Buildings and what is proposed is completely out of keeping and is unnecessary, unwarranted and intrusive. They also express concern at the increased use of pedestrian access into the car park as a result of the proposed kiosk and potential conflict with vehicular traffic, particularly as one of the vehicular entrances has now been closed off. They suggest that the site is within 9m of a water course if the sea constitutes such a feature and they also consider that the site is at risk of flooding despite both being stated to be to the contrary on the application form. They consider that the sale of ice cream should be undertaken from one of the many retail outlets in the town. If permission is granted they suggest that the design and finish should be appropriate for the area (limestone and brick with timber doors and windows and a slated roof with cast iron rainwater goods. They also suggest that the painting of the external walling should be controlled, and should reflect the colours of the Grammar School with no external advertising and any business name displayed on the building to be discreet. Finally, flood mitigation should be included (03.02.21). They submit further comments on 12.04.21 confirming that the additional information does not change their position.
5.4 DoI's Flood Risk Management Team confirm that the site lies outwith the tidal flood risk area but does fall at risk from overtopping and in this respect they object to the application on the basis of future potential damage to the proposed structure (08.04.21). They submit further comments on 14.04.21 stating that this type of development use fall into 'low vulnerability' in regards to the risk of flooding. The further information provided by the applicant has reduced their concern regarding the potential damage to the development and the Flood Management Division does not oppose the application. - 5.5 The Isle of Man Natural History and Antiquarian Society suggest that the proposal is in a vulnerable position even if it is sited further back from the sea wall and would be totally inappropriate in terms of design and use close to Registered Buildings and within a Conservation Area. They note that there is no substantial justification for the proposal where there are permanent commercial premises available in the town which are in accordance with the Strategic Plan and Area Plan for the South and they object to the application (30.04.21). - 5.6 The Principal Registered Buildings Officer makes the following comments:
The site, as a car park, has been cleared of its historic context, the revised design of the proposals use a traditional form and material for a kiosk/ outbuilding/shed type.
Given the appearance of the current car park and seating area and its relationship to the surrounding buildings including the Old Grammar School and Former St Mary's church, I do not consider the proposed kiosk will impact upon the setting of these registered buildings and will not have a negative impact upon the character or appearance of the conservation area.
Given the relatively temporary nature of such a kiosk, I have no objection to the proposals. Please ensure the final colour and material finish of the kiosk is conditioned for prior approval to safeguard and ensure the proposal is appropriate for its conservation area location. ASSESSMENT
6.1 The issues in this case are whether the proposed use is acceptable given the land use designation of the site as car park, whether the proposed structure is considered acceptable given the location of the site within a Conservation Area and adjacent to Registered Buildings and finally whether there would be any adverse impact in terms of highway safety and car parking. Principle of use
6.2 Whilst the site is designated as Car Park, this part of the car park is not used for the parking of vehicles and is a space for the public to sit and relax and given the table, possibly eat and drink. The site is not designated for any form of shop or cafe, however, the space is already used by people who wish to sit and eat, drink and relax whilst taking in the views of the harbour and the very interesting buildings round about. Given this, it is not considered unacceptable for an outlet selling food and drink to be sited here. The area is clearly one where people have been invited to be through the siting of the table and chairs and seating. Visual impact of the building on the Conservation Area - 6.3 The site lies within a Conservation Area but is clearly part of a car park where the surface, line markings and incidence of parked vehicles contribute to a character which is a modern car park with older, very interesting buildings set within it. The main part of the car park has to its north west the rear of the properties fronting onto Castle Street and to its north east, the rear of buildings fronting onto Parliament Street with the lifeboat house and electric vehicle charging points to the south east of this. The area where the kiosk is to be sited is more contained with modern paving, tarmac, table and chairs and a modern sculpture. The surrounding area does accommodate important buildings - the former St. Mary's Church and St. Mary's Chapel/Old Grammar School although these are set within modern contexts in terms
of the paving and uses around them (car park and highways). As a temporary building set in this context and designed to appear as a seaside type of structure, it is not considered that the proposal will have an adverse impact on the character or appearance of the area and that it would have a neutral impact on the area as a whole, thus preserving the character and appearance of the Conservation Area.
Highway Safety
6.4 The site of the kiosk is not within the car park and its erection will not result in the removal of any parking spaces. Its relocated position will allow for access as required by DoI. Flood risk - 6.5 The Flood Risk Team confirm that the type of development proposed is low risk and that they do not object to it. The incidence of overtopping is likely to coincide with times when the kiosk will not be operational and people will not be in the vicinity of the site. Impact on the viability of the town centre - 6.6 The site is within the town centre area but not designated for retail or cafe use as the land use designation acknowledges the use of the principal area as a car park although it also includes a seated area in which people are invited to spend time, not dissimilar to the public space in front of the Castle in the Market Square. The nature of the use is a temporary one where there is limited floorspace and which will complement the seating already in situ here. It could attract more people to this part of the town, perhaps with a benefit to the visitor levels to the Old Grammar School or simply facilitate those who would already go there. Given the short distance between the proposed kiosk and the town centre and the very many more facilities that are in the town centre - indeed many people will park right alongside the kiosk when visiting the town centre - it is not considered that this kiosk will detract from or result in lower numbers of people spending time in the town centre and affecting its viability or vitality. It is considerably smaller than any of the facilities referred to in the Strategic Plan which would necessitate or justify further consideration of this matter or the preparation of a Retail Impact Study.
7.1 It is considered that the kiosk will have a neutral impact on the character and appearance of the Conservation Area thus preserving both aspects and with no adverse impact on flood risk or highway safety all in compliance with General Policy 2, Environment Policies 10, 13 and 35, Business Policy 9, Strategic Policy 9 and Planning Policy Statement 1/01 and the land use designation and Mixed Use Proposals 1 and 3 of the Area Plan for the South. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Committee Meeting Date: 24.05.2021
Signed : S CORLETT Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
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