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16/01059/C
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/01059/C Applicant : Timothy Henry Brogan Proposal : Change of use to cafe and takeaway Site Address : Falcon Shopping Arcade Marina Road Douglas Isle Of Man IM1 2HE
Case Officer : Miss Abigail Morgan Photo Taken : 27.11.2016 Site Visit : 27.11.2016 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 Shop in The Falcon Hotel Building, adjacent to unit 1 this units faces onto Marina Road, which is the top section of the main pedestrianised street through the town centre. The applicant currently operates out of unit 1 which is on the corner of Senna Slip and Marina Road.
2.0 PROPOSAL 2.1 The proposal is for a change of use from retail to cafe with takeaway, extending from unit 1 . Proposed opening hours between 8am and 10pm Monday to Saturday.
2.2 Having met with the applicant they also would like unit 1 to be able to open to 10pm and have been advised that there is a condition restricting opening hours from 8am to 8pm and that a separate application would be required to vary that condition.
2.3 No external changes are proposed. The two are to be connected by opening up an internal existing blocked up doorway to create an archway.
2.4 On reviewing on the application description is was advertised as being an 'Extension of Shake lounge and creation of additional workspace' it should read ' Change of Use from Retail (Class A1) to cafe and takeaway (Class 3)', therefore the applicaton was readvertsied to reflect to correct/actual proposal, with expiry for comment date of 30.12.16.
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. Unit 1 adjacent to this part of the building was granted change of use earlier this year under 16/00238/C for Cafe and takeway.
4.0 PLANNING POLICY 4.1 The site is located within an area identified as Predominantly Tourism and is adjacent to predominantly shopping area in the Douglas Local Plan 1998. 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:-
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16/01059/C
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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. 20.10.2016.
5.2 DOI Highways - no highways implications. 03.10.2016.
5.3 Architectural Liaison Officer - I have spoken with the applicant and reviewed the application and confirm there is no objection to an extension of hours to 10pm. 29.11.16.
5.4 No further representations were received after the application was re-advertised.
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 The application is for the extension of the previously approved Shake Lounge into the emplty shop unit. The previous approval for the ground floor was retail as part of an arcade. The site is within an area of predominantly tourism use and next to a shopping area. 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 and some other cafe/restaurant uses. It is also important to noted, that the upper floors of the application building would still be used as flats. 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. This application has been submitted due to the success of Shake Lounge in unit 1.
6.3 While the applicant is the same as the adjacent unit and they are proposing to use it as the same outlet, it is not considered necessary to link the two as there would be the same length of frontage in the same usage whether it be single or multiple use and it is not considered to adversely affect the character of the area.
6.4 Overall, it is considered the proposed use would be appropriate. While there are already a number of similar uses nearby, it would not result in over provision to the detriment of the area.
Potential visual impacts upon the appearance of the Conservation Area 6.5 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 - Hours of Opening 6.6 The applicant has requested that the opening hours be from 8am to 10pm to give them the option in the summer and busy times such as TT and MGP to capitalise on the visitors to the Island. The previous application was considered acceptable as it was being put forward as a family based
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16/01059/C
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predominantly day time facility and as such was restricted to 8am to 8pm hours of opening, however the applicant has indicated that he will be submitting an application to extend the hours at unit to 8am to 10pm. Given there are some other similar uses in the area and comments received on previous application comments were sought from the ALO. The Architectural Liasion Officer has confirmed they have no objection to the proposal and the proposed opening hours. 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 Architectural Liasison Officer (Isle of Man Constabulary, Department of Home Affairs) (e) The local authority in whose district the land the subject of the application is situated.
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: 03.01.2017
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. No customers shall be served or remain in the building outside the following hours 08.00 - 22.00.
Reason: In the interests of public amenity.
This approval relates to Location Plan, Appendix 2 and 3 all date stamped received 12 September 2016.
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16/01059/C
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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: 04.01.2017
Determining officer
Signed : C BALMER
Chris Balmer
Senior Planning Officer
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