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                                      18/00385/B                                     Page  1  of  8

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/00385/B Applicant : F G Scott Limited Proposal : Conversion of ground floor retail unit (Class 1) into coffee shop /restaurant (Class 3), replacement shop fronts including new access to upper floors and formation of new apartment at first level Site Address : 47 And 49 Duke Street Douglas Isle Of Man

Planning Officer: Mr Owen Gore Photo Taken : 19.06.2018 Site Visit : 19.06.2018 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 25.07.2018 __

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

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. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) the ground floor and first floor areas of the buildings, where identified on the submitted drawing No - 2 - Proposed Floor Layouts, date-stamped as having been received 6 April 2018, shall not be used for any use except for Class 3 (food and drink).

Reason: To control development in the interests of the amenities of the surrounding area.

C 3. The class 3, restaurant use, hereby approved, shall only be open for use by customers, between the hours of 0700 and 2230 hours on any given day of the week.

Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.

C 4. Prior to the installation, details of equipment to control the emission of fumes and smell from the premises shall be submitted to and approved in writing by the Department. These details shall include but are not limited to details of the locations and appearance of the

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                                      18/00385/B                                     Page  2  of  8

external ducts and methods of Odour abatement and Noise attenuation. The use shall not be undertaken unless the equipment has been installed in accordance with the approved details. The use shall not operate unless in strict accordance with the approved details.

Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.

N 5. The applicant is advised to secure the refuse bins in the interest of deterring criminal behaviour and/or anti-social crime.

Plans/Drawings/Information;

This Planning permission relates to the following plans and documents: -

Drg No - 1 - Existing Floor Layouts Drg No - 2 - Proposed Floor Layouts Drg No - 3 - Proposed Replacement Shop Fronts and formation of new Access Door to Upper Floors Drg No - 4 - Block Plan Drg No - 5 - Location Plan Front and Rear Photographs Date-stamped as having been received 6 April 2018 Email from agent dated 19 April 2018

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Interested Person Status - 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:

Architectural Liaison Officer from the Crime Reduction Office __

Officer’s Report

THIS APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE AS IT IS CONSIDERED TO BE A DEPARTURE FROM THE LAND-USE DESIGNATION.

THE SITE 1.1 The application site is a four story terraced property on the pedestrian thoroughfare of Douglas High Street. It currently comprises of a café (No.49) and shop (No.47) with shop fronts on the ground floor; ancillary storage and services used by the businesses on the first floor; and two, two bed maisonette style apartments occupying the second and third floor.

THE PROPOSAL 2.1 The proposal is for the conversion of ground floor retail unit (Class 1) at No.47 into a coffee shop/restaurant (Class 3) and the formation of new apartment at first level within the store areas for the existing shop. The proposal also proposes replacement shop fronts including new access to upper floors.

PLANNING POLICY

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                                      18/00385/B                                     Page  3  of  8

3.1 The site is shown on the Douglas Local Plan Order 1998 map No.1 as being within the local plan area and the property is designated within an Area of Predominantly Shopping Use. The two properties lie on the boundary of the Athol St and Victoria St Conservation Areas, sitting outside of this designation; No.41 to No.45 Duke Street, as well as No.18 to No.20 Victoria Street, are Registered buildings.

3.2 General Policy 2 applies to proposals that are in accordance with the land-use zoning and states that development will normally be permitted where it: -

(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; (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;

3.3 The proposal includes the creation of a residential apartment; therefore Housing Policy 17 is applicable. This policy states that the conversion of buildings into flats will generally be permitted in residential areas provided that: -

(a) adequate space can be provided for clothes-drying, refuse storage, general amenity, and, if practical, car-parking; (b) the flats created will have a pleasant clear outlook, particularly from the principal rooms and (c) if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area.

3.4 Paragraph 8.13.4 states that 'In recent years, interest has grown in the development of residential dwellings from redundant commercial space, primarily above shops. In the United Kingdom, inspiration for such development came from the LOTS initiative (Living over the Shop) started in 1989 and the FOS programme (Flats over the Shop), set up in 1991. The Department generally supports the conversion of redundant storage space above shops (which are often outside of residential areas), into residential development unless the occupants would suffer adverse noise, general disturbance or loss of residential amenity from other land uses'.

3.5 Considering the application site's location, Environment Policy 36 is considered to apply. This policy states that 'Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area'.

PLANNING HISTORY 4.1 The previous planning applications are not considered to be specifically material in the assessment of the current application.

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they have reviewed the proposal do not oppose, in the letter dated 16 May 2018. The comments state that due to its location within the Town Centre, which includes the availability of public parking and good access to public transport, the lack of on-site parking can be accepted in this instance.

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                                      18/00385/B                                     Page  4  of  8

5.2 Douglas Borough Council have commented on this application and stated that they do not object in the letter dated 21 May 2018.

5.3 Comments have been received by the Architectural Liaison Officer from the Crime Reduction Office who objects to the proposal on two grounds. Concerns have been raised regarding the possibility of a takeaway type service operating from the site and no hours of operation having been proposed; and the existing condition of the rear service/assess lane, which could be worsened by improper bin storage as a result of the proposal, as well as misuse of bins to for unlawful access to this or other sites.

ASSESSMENT

Principle 6.1 The proposed change of use is from a shop use within an Area of Predominantly Shopping use, into a café/restaurant, which is considered to be a town centre use. The architectural liaison officer has possibility of a takeaway type service operating from the site and no hours of operation having been proposed; however this would be a sui generis use and has not been applied for as part of this application and would be restricted by condition.

6.2 The ground floor change of use, strictly speaking, is a departure from the land use designation, but given that the new use is a town centre use it is considered acceptable in principle, subject to the consideration below.

6.3 The proposal includes the creation of a one-bed apartment on the first floor. The submitted plans indicate that this part of the building is currently used in part as additional floor space for the of the ground floor shop at No.47 and part as the store for the existing café use at No.49.

6.4 Paragraph 8.13.4 supports the conversion of redundant storage space above shops into residential unless the occupants would suffer adverse noise and/or general disturbance or loss of amenity from other land uses. The proposed apartment is immediately below two existing apartments and is located at the front of the building, away from services on the rear access lane. The principal rooms i.e. the bedroom and lounge both have a pleasant clear outlook over the high street.

6.5 The change of use of the first floor accommodation into a residential apartment is considered to be acceptable in principle, subject to the consideration below.

Character and appearance 6.6 The only external alteration that will be visible from the main thoroughfare is the replacement shop fronts to both the ground floor businesses. The existing shop fronts are dated in their appearance, the existing café having an unsympathetic shop window with glass panels, tall, brick dwarf wall supporting it and a large awning above; the existing shop front to No.47 is set back at an angle with an unsympathetic, slender, silver aluminium frame.

6.7 The shop fronts are proposed to be finished in black aluminium and both made up of doors father than a traditional shop window; the proposed restaurant will have double doors and the existing café will have bi-folding doors across the entire frontage. The doors, including the central door up to the proposed apartment, will have matching proportions and frame design.

6.8 The proposed external alterations will modernise the existing, dated shop fronts and have a degree of uniformity that will improve the appearance of these two units. It is considered that the proposal will not detrimentally affect important views into and out of the Conservation Area.

Impact to neighbours

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                                      18/00385/B                                     Page  5  of  8

6.9 The changes of use in both instances are not significantly different from the existing uses of the units or other uses within the application site. The proposed restaurant includes the installation of a new commercial kitchen; however the applicant has confirmed that the extraction flue will be located within the building with only the outlet being visible, 1 metre high above the existing rear annexe flat roof level.

6.10 The applicant has provided opening hours for the proposed business on the ground floor; these times seem to make a distinction between the coffee shop and restaurant, although they seem to occupy the same space. Therefore the business will be open between 07:00 until 22:30 and these hours will form part a condition.

6.11 The bin storage and cleanliness of the rear service lane have been identified by the architectural liaison officer. The lane is located outside of the application site and does not form the principle access to any of the uses on the site, therefore the issues are primarily an Environmental Health concern and can be addressed using the appropriate legislation. The officer also identified the potential to use bins as climbing apparatus for unlawful access. The applicant will be advised that the bins should be fixed in place, as identified on the submitted block plan.

6.12 The likelihood of any significant, detrimental impacts to neighbouring properties is considered to be low, considering that the proposed use on the ground floor of No.47 is similar the existing use adjacent at No.49.

Parking and highways 6.13 The highways officer has reviewed this proposal and does not object.

CONCLUSION 7.1 The proposal would not unacceptably harm the characteristics of the existing building or the character of its surroundings and will not detrimentally affect important views into and out of the Conservation Area. The proposal would not result in a significant adverse impact upon the living conditions of neighbouring residents, subject to controls. There is no provision for on- site parking; however, subject to conditions, there would be no increase in staff parking demand for the development as the applicant already resides at the site; no further staff will be permitted to work onsite; and customers would be catered for one at a time and staggered to avoid an overlap.

INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status. __

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                                      18/00385/B                                     Page  6  of  8

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : ...Permitted... Committee Meeting Date:...13.08.2018

Signed :...O GORE... Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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                                      18/00385/B                                     Page  7  of  8

PLANNING COMMITTEE DECISION 13.08.2018

Application No. : 18/00385/B Applicant : F G Scott Limited Proposal : Conversion of ground floor retail unit (Class 1) into coffee shop /restaurant (Class 3), replacement shop fronts including new access to upper floors and formation of new apartment at first level Site Address : 47 And 49 Duke Street Douglas Isle Of Man

Planning Officer : Mr Owen Gore Presenting Officer As above

Addendum to the Officer’s Report

Committee accepted the officer recommendation but requested additional wording to be added to informative/note.

N1. The applicant is advised to secure the refuse bins in the interest of deterring criminal behaviour and/or anti-social crime and keep the area clean and tidy.

Conditions of Approval

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. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) the ground floor and first floor areas of the buildings, where identified on the submitted drawing No - 2 - Proposed Floor Layouts, date-stamped as having been received 6 April 2018, shall not be used for any use except for Class 3 (food and drink).

Reason: To control development in the interests of the amenities of the surrounding area.

C 3. The class 3, restaurant use, hereby approved, shall only be open for use by customers, between the hours of 0700 and 2230 hours on any given day of the week.

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18/00385/B Page 8 of 8 Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016. C 4. Prior to the installation, details of equipment to control the emission of fumes and smell from the premises shall be submitted to and approved in writing by the Department. These details shall include but are not limited to details of the locations and appearance of the external ducts and methods of Odour abatement and Noise attenuation. The use shall not be undertaken unless the equipment has been installed in accordance with the approved details. The use shall not operate unless in strict accordance with the approved details. Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016. N1. The applicant is advised to secure the refuse bins in the interest of deterring criminal behaviour and/or anti-social crime crime and to keep the area clean and tidy. Plans/Drawings/Information This Planning permission relates to the following plans and documents: - Drg No - 1 - Existing Floor Layouts Drg No - 2 - Proposed Floor Layouts Drg No - 3 - Proposed Replacement Shop Fronts and formation of new Access Door to Upper Floors Drg No - 4 - Block Plan Drg No - 5 - Location Plan Front and Rear Photographs Date-stamped as having been received 6 April 2018 Email from agent dated 19 April 2018