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TCPL/22055/D P/01705/02 Parish/Name: Brading

Registration Date: 30/09/2002 - Full Planning Permission

Officer: Mr. J. Mackenzie Tel: (01983) 823567

Redevelopment to include erection of building for 'mechanical world' exhibition; conversion of garage block into shop/cafe; use of upper floors (no.50) as 2 flats & associated parking

Isle Of Wight Wax Museum, 46-53 High Street, Brading, Sandown, Isle Of Wight, PO360DQ

Conditions/Reasons:

1	Time limit - full - A10

2	Detail external roofing/facing finishing - S02

Prior to the removal of the non returned flaps within Brading Wax Museum car park, a turning space shall be provided within the site to enable vehicles to enter and leave the site in forward gear in accordance with plan number RP239/12. This space shall thereafter always be kept available for such use.

Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

Prior to the removal of the non return flaps within Brading Wax Museum car park collapsible posts shall be erected between the Bugle Inn and Isle of Wight Wax Museum car parks in accordance with plan number RP239/12.

Reason: In the interests of highway safety and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

The development shall not be brought into use until the 51 car parking spaces have been provided within the curtilage of the site and thereafter all of those spaces shall be kept available for car parking in connection with the Wax Museum.

Reason: To ensure adequate off-street parking provision and to comply with Policy TR7 (Highway Considerations) of the IW Unitary Development Plan.

This permission shall authorise the use of the premises as a restaurant of a low odour/low grease food category unless otherwise agreed in writing by the Local Planning Authority.

Reason: In the interests of the amenities of the adjoining properties it is felt the preparation and sale of foods falling within a category of moderate odour/moderate grease content, at the premises would, in the absence of details of installed ventilation and extraction equipment, adversely affect the amenities of the adjacent properties through annoyance and disturbance from odour emissions from the premises.

The use hereby permitted shall not be open to customers outside the following times 10 am - 5 pm (and 9 pm in July and August).

Reason: In the interests of the amenities of the area and the occupiers of nearby properties and to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

8	Restriction of use to a cafe/restaurant - C18

No development shall take place within the area indicated until the applicant, or their agents or successors in title, have secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted by the applicant and approved in writing by the Local Planning Authority.

Reason: To ensure that details of the archaeological site can be properly investigated prior to any development of that part of the site being carried out and to comply with Policy B9 (Protection of Archaeological Heritage) of the IW Unitary Development Plan.

No development shall take place until there has been submitted to and approved in writing by the Local Planning Authority a plan indicating the positions, design, materials and type of boundary treatment to be erected. The boundary treatment shall be completed before the use hereby permitted is commenced. Development shall be carried out thereafter in accordance with the approved plans.

Reason: In the interests of maintaining the amenity value of the area to comply with Policy D1 (Standards of Design) of the IW Unitary Development Plan.

The shop and cafe hereby approved shall not be brought into use until the parapet construction works and the finish to the building as indicated on the approved plans has been completed in accordance with those approved plans.

Reason: In the interests of the amenities of the area and in accordance with policy D1 of the Isle of Wight Unitary Development Plan.

LBC/22055/E P/01706/02 Parish/Name: Brading

Registration Date: 30/09/2002 - Listed Building Consent

Officer: Mr. J. Mackenzie Tel: (01983) 823567

LBC for redevelopment to include erection of building for 'mechanical world' exhibition; conversion of garage block into shop/cafe; use of upper floors (no.50) as 2 flats & associated parking

Isle Of Wight Wax Museum, 46-53 High Street, Brading, Sandown, Isle Of Wight, PO360DQ

REASON FOR COMMITTEE CONSIDERATION

Report requested by Local Member as he is not prepared to agree to the application being dealt with under the delegated procedure.

LOCATION & SITE CHARACTERISTICS

The Waxworks is located on the south east corner of Brading High Street and Quay Lane. The existing premises include the listed Wax Museum, its outbuildings to the west and south, 5 small cottage properties fronting High Street and the former garage building situated to the east side of the access off Quay Lane. It is an irregularly shaped site and also includes an open car parking area at the rear of the building, the sites' boundaries being marked by the boundaries with residential properties fronting Quay Lane and the footpath leading from The Bugle Public House situated on the southern side of the complex in an easterly direction. The site is central in the Old Town.

The site of this application essentially related to land at the southern end of the complex almost adjoining the rear of The Bugle Inn and to the former garage building fronting Quay Lane.

RELEVANT HISTORY

December 1996 consent granted for a change of use of the ground floor and rear extension of numbers 52-55 High Street for use as craft workshops/retail and new courtyard with pergola over and new retail building and for change of use of 1 Quay Lane to storage, extension of the car park associated with the development. At that time the application site also included the Bugles' car park and land situated to the south east. In June 1998 a previous condition imposed to control access and egress from the whole complex was removed. Effectively in August 2002, the planning permission allowing vehicular ingress and egress from Quay Lane allowed the two parts of the site to be separated (Wax Museum and The Bugle and its car park).

DETAILS OF APPLICATION

The Wax museum is now effectively separated from The Bugle and its car park and the applicants now wish to develop further by the erection of a new building, 'L' shaped in its plan form. Overall dimensions of 24 metres x 19.5 metres, constructed in masonry with a finish mostly in render, some painted cream, some painted black with brick detailing especially around the arched double doors on the east elevation. Other features include vertical cream boarding and the low pitched roof is shown to be clad in a grey corrugated or ribbed sheet. The building has a distinctive railway character and the main part of the structure is visible from the south and west only.

It is proposed to change the use of the former garage fronting Quay Lane into shop and cafe. The cafe area is shown to approximately 67 square metres with the shop area approximately 135 square metres, a 1 third/2 third split. It is intended to make alterations to the building to include a parapet around the perimeter of the building of a similar section to that which is on the front of the Wax Museum. The cafe is shown to contain approximately 26 covers and a small outside seating area which might contain another 32 seats.

In addition the application seeks to change the use of the first and second floors of numbers 49 and 50 to two residential units. These properties are presently used as part of the commercial enterprise and the ground floor would remain in that use whilst bringing residential accommodation back into the town centre.

DEVELOPMENT PLAN/POLICY

Within development envelope as defined on inset O of UDP. Part of the site including the Wax Museum and the frontage of the properties are included within the designated conservation area. The Wax Museum building on the corner of Quay Lane with High Street is a listed building. Accordingly policies G1, G4, D1, D2, B1, B2 and B6 apply. The development represents a tourism development and therefore policy T2 and policy T8 are relevant.

CONSULTEE RESPONSES

Environmental Health Officer recommends conditions if approved.

Highway Engineer recommends conditions if approved.

County Archaeologist recommends conditions if approved.

PARISH/TOWN COUNCIL COMMENTS

Town Council raise concern regarding traffic congestion and parking in Quay Lane, suggesting a traffic management scheme needs to be implemented including signage sympathetic to the conservation area to divert prospective patrons to the town car park and the carrying out of landscaping on the site.

THIRD PARTY REPRESENTATIONS

Brading Town Trust object to the formation of a cafe on grounds of over provision of outlets in the town. Four letters of objection, one including a petition of 29 signatories, objecting on ground of inadequate car parking, the introduction of yet another cafe, increased traffic in Quay Lane and overdevelopment of the site.

CRIME & DISORDER IMPLICATIONS

Relevant officer has been given the opportunity to comment but no observations have been received.

EVALUATION

These applications seek planning permission and the associated listed building consent for an enlargement of this tourist attraction location within and adjoining the conservation area in Brading Town.

In policy terms the safeguarding of the listed building, the promotion of tourism and the enhancement and protection of the conservation area are the prime considerations, followed closely by management of the traffic situation, especially the possible increased use of Quay Lane. The use of the former garage and introduction of a cafe supplement the proposals that form an important element against which several objections have been received.

Many of the objections relate to the proliferation of cafes etc but these are generally trade matters which cannot be considered as legitimate planning objections.

The museum building will not be visible from the High Street since the building is lower than those buildings which front High Street but the building will be visible from the public house car park and longer distance views to the east. Existing buildings of Quay Lane, at the rear of the High Street buildings and the main wax museum building are comparatively modern and finished in painted render. The museum building proposes finishes in a similar fashion but its design is reminiscent of railway architecture, the building occupying a site which is presently partially hidden but is essentially derelict land in a poor state of maintenance. The addition of

this building will enhance the conservation area since the rear elevations of the buildings fronting High Street would no longer be easily visible. In terms of principle and design I consider the revised plans submitted are acceptable.

The reuse of the first and second floors of two of the buildings in High Street as residential accommodation is also considered appropriate and, in the town centre, on a major bus route, the lack of parking for these units is not considered to be an important issue.

The change of use of the garage to a cafe and shop which is in close proximity to both the Wax Museum and the High Street is not felt to be an inappropriate use. The cafe is likely to encourage patrons of the Wax Museum as will the shop but neither use is likely to generate significant traffic on its own. Whilst there are other outlets in the High Street it is not the responsibility of the Local Planning Authority in safeguarding such establishments by refusing proposals for outlets in competition.

Originally there was no connection between The Bugle Inn car park and the Wax Museum car park, and the Wax Museum and the former garage operated with vehicular access only off Quay Lane. The connection between the Wax Museum car park and the public house car park has now been revoked and therefore all traffic accessing and leaving the Wax Museum car park will be via Quay Lane and with limited capacity, traffic will need to be accommodated elsewhere once the car park is full. The situation has altered, as Members will be aware, with the imposition of the 20 mph speed limit through Brading and this reduction in speed will make manoeuvring in and out of Quay Lane a degree safer. However, I do agree with the Town Council that tasteful signage to direct traffic into the town car park when the wax museum car park is full would be a desirable achievement if consent is granted. The Highway Engineers have not ventured so far with such requirements, recommending conditions regarding the turning space, the provision of 51 car parking spaces and the removal of the non return flaps and installation of collapsible posts between the Bugle Inn and Wax Museum car parks prior to the development being brought into use.

HUMAN RIGHTS

In coming to this recommendation to grant planning permission, consideration has been given to the rights set out in Article 8 (Right to Privacy) and Article 1 of the First Protocol (Right to Peaceful Enjoyment of Possessions) of the European Convention on Human Rights. The impacts this development might have on the owners/occupiers of other property in the area and other third parties have been carefully considered. Whilst there may be some interference with the rights of these people this has to be balanced with the rights of the applicant to develop the land in the manner proposed. Insofar as there is an interference with the rights of others it is considered necessary for the protection on the rights an freedom of the applicant. It is also considered that such action is proportional to the legitimate aim and in the public interest.

JUSTIFICATION FOR RECOMMENDATION

The development of the site for the erection of a mechanical world exhibition for the conversion of the garage block into a shop and cafe and for the use of the upper floors as two flats and associated parking is considered to be appropriate as it supports the tourism use of the site, provides residential accommodation and improves the appearance of the garage building and the development is therefore considered to be consistent and in support of policies G4, D1 and D2 B2 and B6 and tourism policy T2 of the Isle of Wight Unitary Development Plan.

RECOMMENDATION - APPROVAL (REVISED PLANS) BOTH APPLICATIONS

Conditions/Reasons:

1	Time limit - listed building - A11

2	Detail external roofing/facing finishing - S02