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                                      19/01351/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/01351/B Applicant : Fistard Property Investments Limited Proposal : Installation of a flue to rear elevation, re location of attic restaurant to ground floor and change of use of attic area to retail (Class 1) Site Address : 9 - 11 Duke Street Douglas Isle Of Man

Planning Officer: Mr Peiran Shen Photo Taken : 08.01.2020 Site Visit : 08.01.2020 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 05.02.2020 __

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. The ventilation and flue system should not be used between 11 pm and 7 am on any day.

Reason: to limit any potential impact on the living conditions of the residents nearby.

Plans/Drawings/Information;

This approval relates to the following submitted documents and drawings 1525.1, 1525.2, 1525.3 date stamped as having been received on 27th November 2019:

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Interested Person Status - Additional Persons

None

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Officer’s Report

1.0 THE SITE

1.1 The application site is the commercial curtilage of 9-11 Duke Street, Douglas, a four- storey semi-detached property located at the west corner of Duke Street and Lord Street.

1.2 Duke Street is a pedestrianized street and Lord Street is a main road. On the left of the property is Water Lane. It's a narrow street that separates the commercial property on the east side and the terraced dwellings on the west side. This lane leads to the back of the property as well as the backyards of the terraced dwellings.

2.0 THE PROPOSAL

2.1 Proposed is the conversion of the ground floor from shops to a restaurant and the attic from a restaurant to a shop. No changes are planned to the building elevations other than the installation of a flue to serve the restaurant. This will emerge from the building at around ceiling height from the ground floor level on the west elevation at the northwest corner. The flue will then go all the way up to just above the eaves of the building.

3.0 PLANNING HISTORY

3.1 There is no previous application considered materially relevant to this application.

4.0 PLANNING POLICY

4.1 In term of local policy, the site is designated as predominately shopping use in the Douglas Local Plan 1998. The site is within the Athol Street and Victoria Street Conservation Area.

4.2 The Isle of Man Strategic Plan 2016 contains a few policies that are considered specifically material to the assessment of the planning application:

4.3 General Policy 2 states: "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: (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; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan"

4.4 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."

4.5 Environmental Policy 35 states:

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"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

5.0 REPRESENTATION

5.1 The Douglas Borough Council has no objection to this application (19/12/2019).

5.2 The DoI Highway Services do not oppose the application (18/12/2019).

6.0 ASSESSMENT

6.1 There are two parts of this application, change of use and installation of a flue. The key consideration for both is their impact on the amenity of the surroundings.

6.2 The property is within an area of Predominantly Retail Use. This means the change of use for both floors still falls within the existing designation. There are existing bars and shops next to the area so the impact on neighbouring property is minimal.

6.3 The flue is proposed to be at the back of the building. The elevation is not directly visible from Lord Street, the closest main public vantage point. The impact of the flue on the character and landscape of the surrounding area is also minimal.

6.4 The operation of a ventilation system and flue associated with the production of hot food is likely to generate both noise and smell. When it comes to retail use area areas such as this there can often be a general level of activity that is to be expected, such as traffic, music and smells but this should not be so adverse as to cause unacceptable harm to the amenities of the area.

6.5 In terms of hours of operation no information has been provided for the restaurant. Given that there are no restrictions to the operation of the existing shops and restaurant, it would perhaps be unreasonable to restrict the general restaurant opening hours; however, consideration could be given to a restriction on the operation of the flue and ventilation system.

6.6 Being mindful of the residential property close to the building, it's considered necessary to apply a condition restricting the use of the ventilation and flue system between 11 pm and 7 am as to limit any potential impact on the living conditions of the upper floor occupants.

6.7 The number of persons visiting the site will likely be no more apparent than those frequenting the immediate area whether residents, staff, tourists or the general public. The impact on parking and traffic is unlikely to change since both already existed for a considerate amount of time.

6.8 The building is within the Athol Street and Victoria Street Conservation Area, there is a presumption against development unless they preserve or enhance the character of the area. There is no alteration to the main front of the building and the only change happens in the back alley. Public vantage points are limited as the flue is design to be as close to the inner corner of the building as possible. There is no harm to the character of the area and therefore the character is preserved.

7.0 CONCLUSION

7.1 For the reasoning that the proposal complies with General Policy 2, Environment Policy 22 and 35, the application is recommended for approval.

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8.0 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 which 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. __

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted

Date: 05.02.2020

Determining officer Signed : S CORLETT Sarah Corlett

Principal Planner

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