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17/00782/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00782/B Applicant : Three Eggs Ltd Proposal : Conversion of property from ground and basement hair dressers (Class 1) and office accommodation (Class 4) to a restaurant (Class 3) with staff accommodation above Site Address : 3 Ridgeway Street Douglas Isle Of Man IM1 1EW
Case Officer : Mr Jason Singleton Photo Taken :
Site Visit : 14.09.2017 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 18.09.2017 __
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 car parking space allocated to the rear of the building must be available for the residents of the upstairs flat and remain free from obstruction.
Reason: To ensure that the strategic plan car parking standards are met in the interest of highway safety.
C 3. The use of the flat on the upper floors hereby approved shall only be for the benefit of those working in conjunction with the restaurant below and in accordance with the details set out within the application from the applicant dated 24/07/17.
Reason: The development hereby approved is only acceptable in this location because of the special circumstances of the applicant. The applicant should consult Environmental/Public Health Unit of DEFA to ensure that the living accommodation accords with the relevant legislation and regulations.
C 4. The restaurant use hereby approved shall not be undertaken outside the following times:
0930 and 2230 hrs every day of the week.
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Reason: in order to maintain the amenities of the area.
Plans/Drawings/Information;
This approval relates to drawings submitted on the 24th July 2017.
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Interested Person Status - Additional Persons
None __
Officer’s Report
APPLICATION SITE 1.1 The application site is the curtilage of 3 Ridgeway Street, Douglas. The existing property is a three storey building with additional accommodation in the roof space. The site is to the west of Ridgeway Street and is a mid-terrace property.
PROPOSAL 2.1 Proposed is a change of use from hairdresser's on the ground floor with offices above to a restaurant with preparation kitchen in the basement, dining accommodation on the ground and first floors and manager's and staff accommodation on the upper floors. It is proposed to open between 0930 - 2230 hrs, 7 days a week.
2.2 Part of the proposal would see external repair works to the front and rear elevations. To the front there would be the replacement of the two windows on the second floor with uPVC sliding sash. To the rear elevation would see a window on the third floor changed to a doorway and the installation of a fire escape along the rear elevation into the rear courtyard.
2.3 Internally there would be a series of alterations reflecting the change of use; the basement would become a dedicated food storage and preparation area; the ground floor would become a seating area and to the rear section a cooking and serving area; the first floor would add additional seating and toilet provision; the second floor a manager's office and en- suite bedroom; and in the third floor staff accommodation. The layout does not appear to provide fully self-contained living accommodation due to the size of at least the third floor flat but this is a matter for the Housing Regulations.
PLANNING HISTORY 3.1 The following previous planning applications are considered relevant in the assessment and determination of this application;
10/01240/B - Replacement of existing dormer window with roof light. Approved.
PLANNING STATUS 4.1 In terms of local plan policy, the application site is within an area zoned as "Mixed Use Town Centre" identified on the Douglas Local Plan 1998. The property is not within a conservation area but the front elevation faces onto Douglas North Quay Conservation Area.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application;
4.3 General Policy 2
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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;
4.4 Environment Policy 36 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.
4.5 In terms of Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows. (Part 6 Category b) Buildings in Conservation Areas states:
"If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE THE SAME pattern and section of glazing bars and the same frame sections as the original windows.
Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction."
REPRESENTATIONS 5.1 Douglas Borough Council do not object (11.08.17) but if approved would like a condition adding; "that it is prohibited to use the accommodation space as a permanent residence".
5.2 Highways Services have commented (23.08.17) and do not object subject to a condition being added; "given the central location of the site and the availability of 1 parking space to the rear for those that live above the restaurant, the proposals are considered acceptable.
Condition; The car parking space allocated to the rear of the building will remain solely for the residents of the upstairs flat and remain free from obstruction thereafter.
Reason: To ensure that the Strategic Plan car parking standards are met in the interest of highway safety.
ASSESMENT 6.1 The application seeks approval for the change of use of the ground floor from hairdressers to a French style restaurant with staff accommodation above. The main issues to consider in the assessment of the application are the principle of the use, the impact upon the character of the area and impact upon the amenities of the local residents.
6.2 The site is within an area zoned as "Mixed use" and is generally considered to be an acceptable location for such uses as a restaurant as there are two existing establishments within 10m of the site. To the north of the application site at No. 9 is a fish restaurant 'Tanrogan' and to the south fronting onto the Quayside 'little fish café'.
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6.3 The proposed use is likely to have similar hours to the existing businesses and therefore would not result in undue noise and disturbance to any neighbouring properties or residential properties on the upper floors of the street as the different businesses are likely to be in use at similar times. It is considered that the proposal would not have an adverse impact upon the amenities of the adjacent properties or have an adverse impact upon the character of the area.
6.4 The proposed use of the flat on the upper floors as residential accommodation is not ideal as a flat, but as it is proposed to be used in conjunction with the use of the restaurant below would be acceptable I this instance. Access to and from the flat would be from within the restaurant and the rear fire escape is just that and not a secondary access to the flat above. Both these issues could be conditioned to ensure their use is for the manager or worker of the restaurant.
6.5 There is no designated parking associated with the site, albeit only one parking space to the rear but given that the site is in a town centre location and within walking distance of the bus station it is considered that there is not a need for designated parking for the property for the public but highways have requested the one parking space to the rear is reserved for the member of staff residing at the premises.
6.6 With regard to the Conservation Area at the front of the property, the proposed replacement of the two second floor windows would be appropriate for the area and seek to replace the windows with Upvc sliding sash. This would be an acceptable alternative material to timber whilst retaining the traditional method of opening. The box bay windows on the first floor would see a series of repairs and renovations. The installation of the fire escape to the rear elevation and alteration from a window to a doorway would be acceptable alterations, as the rear elevations do not form part of the important features of the Conservation Area and would not affect the rear streetscene.
CONCLUSION 7.1 For the above reasons, it is concluded that the planning application would not harm the use and enjoyment of neighbouring properties or the highway network and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016 and is recommended for approval with conditions.
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:
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I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 21.09.2017
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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