Officer Report

Application No.: 16/00238/C Applicant: Timothy Henry Brogan Proposal: Change of use from retail shop to a café and take-away Site Address: Unit 1 Falcon Building Marina Road Douglas Isle of Man IM1 2HE Case Officer : Miss Abigail Morgan Expected Decision Level: Officer Delegation

Officer’s Report

1.0 APPLICATION SITE - 1.1 The application site is part of the ground floor The Falcon Hotel Building, this unit (unit 1) is on the corner of Senna Slip and Marina Road, which is the top section of the main pedestrianised street through the town centre.

2.0 PROPOSAL - 2.1 The proposal is for a change of use from retail to cafe with takeaway. The applicant is intending to milkshakes, hot drinks and light snacks with approx 20 seats. Proposed opening hours between 8am and 6pm Monday to Saturday. The applicant has clarified via email, in response to Police's Comments, that they do not plan to open late nights but do intend to open on Sunday 11am

• 6pm, depending on byelaws.

2.2 He also comments that he is unsure why his application should be singled out when other businesses in the area open later and into the evening. In light of these comments he would like his opening hours to be between 8am and 8pm. - 2.3 No external changes are proposed.

3.0 PLANNING HISTORY - 3.1 The building itself has been subject to a number of previous planning applications. This part of the ground floor is part of the Falcon Shopping Arcade and was granted approval 94/00132/C for change of use to sale of hot food.

4.0 PLANNING POLICY - 4.1 The site is located within an area identified as Predominantly Tourism in the Douglas Local Plan

1. The site is within the Douglas Promenades Conservation Area.

4.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the 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:

• (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;
• 4.4 Environment Policy 35 states: "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 REPRESENTATIONS - 5.1 Douglas Borough Council no objection to the proposal. 22.03.2016. - 5.2 DOI Highways do not oppose the proposal. 07.03.2016. - 5.3 Architectural Liaison Officer has raised some concerns as 'research has shown that takeaway type premises act as "honey pot". They cause persons to remain in the area for inordinate period of time increasing the opportunities for criminal or anti-social behaviour, especially during the evening and later night. incidents occurring in the area create unsustainable demand on local Policing resources.' He strongly recommends that the trading hours are controlled in accordance with the opening hours put forward by the applicant in the application. 09.03.16

6.0 ASSESSMENT - 6.1 There are two key issues with the proposal, firstly the principle of the use of the ground floor for a cafe/bar/restaurant and secondary the potential impacts upon the appearance of the Conservation Area. The principle of the use of the ground floor for a cafe - 6.2 As identified within the planning policy section of this report the site is within an area of predominantly tourism use. However, the existing ground floor was used for retail is part of an arcade at the ground floor of the Falcon Hotel Building, which did not strictly accord with this land use designation. Traditionally 'Tourism' has been taken to mean accommodation and entertainment facilities, a cafe could be said to providing facilities for tourism and also for local people. In any event, there are also a number of non-tourism uses as in this stretch of Marina Road, some retail andsome other cafe/restaurant uses, which also do not strictly accord with the office land use designation. It is also important to noted, that the upper floors of the application building would still be used for tourism purposes. It is also considered important that coffee/bar/restaurants provide an important social service and help the viability of town centres and which are in sustainable locations. - 6.3 Overall, it is considered the proposed use would be appropriate. In terms of comments that there are already numbers of similar uses nearby, commercial competition and/or type of uses in the area, are not a material planning matter which can be considered. Potential visual impacts upon the appearance of the Conservation Area - 6.4 There are no physical changes proposed and as such it is not considered to impact on the visual amenities of the Conservation Area. Other matters arising - 6.5 The Architectural Liaison Officer has raised concerns regarding anti-social behaviour associated with cafe/takeways through loitering especially in the evening or later on and has

• suggested that the opening hours are controlled to reflect those put forward by the applicant. Since this comments have been received the applicant has put forward further opening hours of 8am to 8pm and 11am - 6pm on Sundays as he does not wish to be restricted should business be busy enough.
• 6.6 Given the proposed use as a cafe/takeaway the hours put forward by the applicant seem reasonable. There are a number of other late night takeaway establishments in the area and the introduction of another one of late hours may not be acceptable, however what is being proposed here is a family based predominantly day time facility. While it is acknowledged that the use runs with the building it should be noted that the assessment has been upon this submission and therefore a condition is proposed to reflect the applicants requirements.

7.0 RECOMMENDATION - 7.1 On the basis of the above the application is recommended for approval, subject to condtions.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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 , in this case, Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted

Date of Recommendation:

07.04.2016

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

- 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. No customers shall be served or remain in the building outside the following hours 08.00 - 20.00. Reason: In the interests of public amenity.

-----------------------------------------------------------------------------------------------------------This approval relates to Appendix 1, 2 and 3 all date stamped as received 26 February 2016.

I can confirm that this decision has been made by the Interim Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 11.04.2016 Determining officer

Signed : J CHANCE Jennifer Chance Interim Director of Planning and Building Control

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