Conwy County Borough Council, Planning Committee
10/09/08
AGENDA ITEM 5i
CODE No.
0/34857
EXPIRY DATE:
23RD JUNE 2008
APPLICANT:
D PARISELLA & SONS LTD
PROPOSAL:
EXTENSION TO ICE CREAM KIOSK
SITE:
THE ICE CREAM KIOSK, CONWY QUAY, CONWY
REQUIREMENT OF COMMITTEE
1.
Member’s views are requested as to whether to reaffirm the Committee resolution to be
‘minded to grant conditional approval’ and to delegate the issuing of the notice to Officers.
Resolution of Planning Committee at meeting on the 13th August 2008
2.
(A)
Minded to grant conditional planning permission
(B)
That the Development Control Manager be authorised to determine the application
under delegation
The reason for the Planning Committee resolution was that Members considered that the
proposed extension to the existing ice cream kiosk would improve the facility for tourists
on the Conwy Quay. The Members also considered that the Parisella ice cream company
is a good local business and the proposal would retain employment.
Recommendation of Officers to the Planning Committee at the meeting on 13th
August 2008
3.
(A)
Minded to refuse planning permission
(B)
That the Development Control Manager be authorised to determine the application
under delegation.
The reason for the Officers recommendation is in the report to the August Planning
Committee which is attached for Member information.
REQUIREMENT OF COMMITTEE
4.
Member’s views are requested as to whether to reaffirm the Committee resolution to be
‘minded to grant conditional approval’ and to delegate the issuing of the notice to Officers.
Page 15
DC0901MW v2.3
abcde
Conwy County Borough Council, Planning Committee
10/09/08
DC0901MW v2.3
abcde
CODE No.
0/34857
EXPIRY DATE:
23RD JUNE 2008
APPLICANT:
D PARISELLA & SONS LTD
PROPOSAL:
EXTENSION TO ICE CREAM KIOSK
SITE:
THE ICE CREAM KIOSK, CONWY QUAY, CONWY
COPY OF AUGUST REPORT
RECOMMENDATION
1.
(A)
Minded to refuse planning permission
(B)
That the Development Control Manager be authorised to determine the application
under delegation
This application is reported to Committee because the application site is Council land.
PROPOSAL
2.
The application seeks planning permission for extension to the ice cream kiosk on Conwy
Quay. The extension would be on the northwest side of the existing kiosk and would
extend outwards by 1.6m. The height and pitch of the roof and materials/ design will match
the existing building. The proposed extension has a floor area of 3.2m2 making a total
floorspace of 11.5m2. The extension will provide an additional serving hatch provided
making a total of 4.
3.
The proposed extension is the same as a previous proposal that was refused planning
permission on 24/05/2005 (0/30505). A subsequent application for the proposed
extension was also withdrawn on 11/05/2007(0/33161).
SUPPORTING INFORMATION
4.
The applicant has submitted a Planning and Inclusive Design Access Statement and
supporting letters, making the following points:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
The existing ice cream kiosk enjoys good accessibility.
The extension to the kiosk has been limited to twenty five percent of the original
building.
It is proposed to be built in conjunction with the removal of the sea wall adjoining in
the north and south elevation, which at the moment severely restricts the serving
windows on these areas.
The extension will allow for a wider internal circulation spaces and storage space
and also one extra member of staff.
The current kiosk is not large enough to install the display that is required to market
adequately the company’s new product.
The extension would give the kiosk a forward facing serving area.
The proposed extension would lead to a reduction of the Impulse sales which
would give the kiosk a new ratio of 90% ice cream sales to 10% Impulse against
Page 16
abcde
Conwy County Borough Council, Planning Committee
(viii)
(ix)
(x)
5.
10/09/08
the present 50/50 ratio. It would also lead to a reduction in the bill board effect of
advertising the Impulse lines which would improve the impact in visual terms on the
Quayside scene and setting of the World Heritage Site.
The applicant has no intention of serving hot food or takeaways that creating
seating areas.
The existing sea wall which adjoins the kiosk was completed in August 2007
without the company’s permission. The sea wall seriously restricts trade and
access, and makes the kiosk part of the sea defence which has created problems
with the company’s insurance.
The company has invested some £80,000 in a new ice cream production plant in
Conwy. The investment was supported and funded by Welsh Assembly and has
created additional employment.
Additional letters dated 05/12/2006 and 04/04/2007 between the applicant and the County
Valuer and Asset Manager Mr. Evans (Property Services Department) have been
submitted with the application, making the following points:
(i)
(ii)
(iii)
The Council’s Cabinet has approved the applicant’s application for an extension to
the existing kiosk in line with the plans submitted.
The Council has approved the removal and relocation of the existing sea wall (at
applicant’s own cost) on the seaward side of the kiosk allowing for the possible
extension of the kiosk.
Both Local Members are supportive of the application.
SITE/LOCATION
6.
The existing ice cream kiosk is situated on Conwy Quay, opposite Liverpool
Arms/bandstand area, alongside the River Conwy. To the north of the site is access onto
the slip way.
7.
The kiosk lies outside the Conwy Town Walls, which are a Listed Building and Scheduled
Ancient Monument. Liverpool Arms Public House is also a Listed Building. Conwy Town
is a World Heritage site.
PLANNING HISTORY
8.
0/33161 – Full application for the extension to ice cream kiosk: Withdrawn.
0/30505 – Full application for the extension to kiosk: Refused 24/08/2005.
Reason (s):
• Development would not enhance or protect the designated World Heritage Site and
Conservation Area.
• Encroachment on planned slipway.
0/23165 – Full application (retrospective) for the construction of replacement kiosk:
Granted 03/10/2000.
9613 - Temporary planning permission granted for kiosk on 17/5/1963 (temporary
permission until 30/6/1972).
CONSULTATIONS
9.
(a)
Conwy Town Council – Response awaited (Town Council raised
objection to the previous application for a similar design extension 0/33161).
Page 17
abcde
Conwy County Borough Council, Planning Committee
(b)
(c)
(d)
(e)
(f)
(g)
10/09/08
Conwy Civic Society – Objection on visual amenity ground. The structure interferes
with the waterside setting and view of the river and damages the relationship
between the quay and the foreshore.
Welsh Water – A public water main is identified and safety zone applies. Developer
should contact Welsh Water prior to the commencement of development.
Environment Agency – No objection.
Head of Environmental and Technical Services – No objection.
Acting Head of Highways and Transportation – No objection.
Conservation Officer – The existing building is not a particularly
attractive feature with its pebble dashed walls and the proposed extension will
increase the size by about 1/3 and can only draw additional attention to this
negative element on a prominent site on the Quay. He suggests that the applicant
should design a new kiosk that would be a positive element on the Quay.
REPRESENTATIONS
10.
The application has been publicised by means of site notice and letters circulated to
adjacent properties. No other representation has been received during the consultation
period.
PLANNING POLICIES
11.
Llandudno/Conwy District Plan 1982
Policy 4A – There will be presumption against proposals which would detract from or dilute
the existing character and visual amenity of the conservation areas.
Policy 4B – Proposals which can be shown to make a positive contribution to the
townscape of the conservation areas will be considered favourably.
Policy 4D – To support and, wherever possible, formulate and promote proposals which
would contribute to the improvement and enhancement of the Llandudno or Conwy
conservation areas.
Policy 4G – In considering planning applications for development, redevelopment,
extension or addition to existing buildings, regard shall have had to position, siting, height,
mass, form, appearance of the existing buildings, character of the conservation areas,
landscaping and roofline.
Policy 4V – All development in Conwy conservation area will be expected to conform to
the highest standards of design and to respect and enhance the individual character of the
different parts of this special historic town.
Policy 4W – Within Conwy conservation area, there is a presumption against any
development not intended primarily to enhance the visual or other amenities of the area.
Gwynedd Structure Plan 1993
Policy D4 – Careful location, siting and design will be a material consideration in the
determination of planning applications.
Policy D22 – Development in close proximity to a Listed Building and having a bearing on
its setting and character will be carefully controlled.
Page 18
abcde
Conwy County Borough Council, Planning Committee
10/09/08
D25 – New development or alterations and additions to existing buildings in conservation
areas shall respect the setting, form, scale, mass, materials and character of the
vernacular buildings typical of the conservation area.
Policy D29 – New development or alterations to existing buildings shall exhibit a high
standard of design and are suitably sited in the townscape or landscape.
Planning Policy Wales (March 2002)
Paragraph 6.5.7 states that where a development proposal affects a listed building or its
setting, the primary material consideration is the statutory requirement to have special
regard to the desirability of preserving the building, or its setting, or any features of special
architectural or historic interest which it possesses.
Paragraph 6.5.15 states that any proposed development which would conflict with the
objective of preserving or enhancing the character or appearance of a conservation area,
or its setting, there will be a strong presumption against the grant of planning
permission.
Paragraph 6.5.22 states that World Heritage Sites are a material consideration to be
taken into account in the determination of planning applications. The impact of
development proposals on both sites and their settings should be carefully considered.
PLANNING CONSIDERATIONS
12.
The existing kiosk was granted planning permission in October 2000 (0/23165) as a
replacement for the original temporary kiosk, on the basis that the floor area remained the
same and it formed a limited service facility. The proposed extension would provide an
additional serving window and additional operational floorspace for product display and
storage.
13.
The applicant suggests that the existing sea wall restricts trade by blocking access to the
serving window and it creates problems with the company’s insurance as the kiosk
becomes part of the sea defence. The proposed extension is not directly related to the
removal of sea wall and this matter should be addressed separately.
14.
The applicant also suggests that the proposed extension would lead to a change in
product sales ratio between ice cream and Impulse goods (new ratio of 90% ice cream
sale to 10 % impulse good sale), and achieve a dramatic reduction in the bill board effect
of advertising the Impulse lines. However, the suggested product sales ratio cannot be
guaranteed, or controlled by planning condition. There is also no established relationship
between the product sales ratio and the display of advertisements on the premises.
15.
The applicant states that the proposed extension would allow employment of 1 additional
member of staff. However, the additional floorspace created would have limited capacity
to generate further employment.
16.
The proposed increased size of the kiosk will draw attention to the existing building, which
is not an attractive feature in a prominent Quayside location. The proposal is detrimental
to visual amenity, the character of the Conservation Area and the setting of the adjoining
Listed Buildings, Town Walls and Conwy World Heritage Site.
17.
Planning permission was refused in 2005 for a similar proposed extension to the kiosk
(0/30505). The planning implications of the proposal have not significantly changed since
2005.
Page 19
abcde
Conwy County Borough Council, Planning Committee
10/09/08
CONCLUSIONS
18.
The proposed extension to the kiosk would draw attention to the existing building, which is
in a prominent Quayside location within the Conservation Area, adjoining Listed Buildings,
the Town Walls and the Conwy World Heritage Site. The proposal would neither enhance
nor protect these key conservation designations and would cause further harm to the
locality.
RECOMMENDATION
(A)
Minded to refuse planning permission
(B)
That the Development Control Manager be authorised to determine the application
under delegation
Page 20
abcde
Conwy County Borough Council, Planning Committee
10/09/08
Gwasanaethau Cynllunio / Planning Services
Cynllun Pwyllgor / Committee Plan
abcde
abcde
Rhif Cais [0/34857] / Application Number [0/34857]
M
n
ea
Hi
er
A
G
11
at
W
ER
W
gh
LO
Shingle
TE
ST
Landing Stag
T
st
le
EE
al
R
Sm use
Ho
Th
e
SAFLE’R CAIS/
APPLICATION SITE
To
wn
al
W
l
Shingle
2
PH
Meml
8
Porth Isaf
PCs
TCB
4
Club
2
BM
m
58
7.
Library
r
ua
q
A
ium
© Hawlfraint y Goron. Cedwir pob hawl. Cyngor Bwrdeistref Sirol Conwy 100023380
Page 212008
© Crown copyright. All rights reserved. Conwy County Borough Council 100023380 2008