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18/01027/C Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/01027/C Applicant : SHG Wine & Bistro Limited Proposal : Change of use of existing retail unit (class 1) to wine bar Site Address : 44 Duke Street Douglas Isle Of Man IM1 2AX
Planning Officer: Mr Nick Salt Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 29.01.2019 __
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 [10am
Reason: In the interests of public amenity.
Plans/Drawings/Information;
o 18/194/01 Location plan
And date stamped received 23rd November 2018:
o 18/194/02A Plan as existing o 18/194/03B Plan as proposed
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18/01027/C Page 2 of 5
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED TO BE A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.
1.0 THE SITE
1.1 The site is an existing retail unit within Douglas Town Centre, 44 Duke Street. The area is characterised by a mix of restaurants and shops and forms part of the main shopping area in Douglas.
2.0 THE PROPOSAL
2.1 The proposal is a change of use (no operational development) to create a wine bar (class 3). The front part of the area would contain a bar area and booths, to the rear would be two toilets and stairs to the basement (no changes are proposed to the use of the basement). No external areas are shown.
2.2 The hours of operation are proposed to be 10am - 12am (Monday to Friday), 10am - 1 am (Saturday) and 12pm - 12am (Sunday). The application indicates that there will be 8 staff (4 part time).
3.0 PLANNING POLICY
3.1 The site is zoned within the Douglas Local Plan (1998) as Area of Predominantly Shopping Use. It is adjacent to, but not within a Conservation Area. It is not within an area identified as at risk of flooding (2017 maps).
3.2 A number of polices of the Strategic Plan (2016) are considered relevant. o Strategic Policy 1 specifies that development should make the best use of resources. Doing so can include optimising the use of unused and/or redundant buildings; proposal should make efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and be located so as to utilise existing and planned infrastructure, facilities and services. Strategic Policy 2 states that new development should be located primarily within our existing towns and villages. o General Policy 2 sets out general 'development control' considerations. Part (g) concerns the amenity of local residents, which is further addressed in Environment Policy 22; this policy particularly specifies vibration, odour, noise or light pollution. Part (h) references adequate parking and as such Transport Policy 7 further addresses this. o Environment Policy 36 relates to development outside of Conservation Areas that may affect views into/out of the area/ o Environment Policy 43 refers to regeneration of run-down urban and rural areas; this description is considered not to apply in this area, however this policy does also state 'The Department will encourage the re-use of sound built fabric, rather than its demolition'. The spirit of the policy is to support, in general, environmental improvements to towns and villages, which the reuse of this building will provide.
4.0 PLANNING HISTORY
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4.1 It is noted that planning approval was approved for the conversion of 6 Regent Street from Class 1 Offices to Class 3 Food and Drink and takeaway (18/00369/B), which included a large dining area on the ground floor, to the front and rear parts of the building and services to the east side of the building; a large dining area on the mezzanine with a large kitchen area on the east side of the building and smoking area to the rear; a cocktail and music lounge on the first floor with a smoking area to the rear; and bar and function rooms on the second floor. This was approved on 31.07.2018 subject to the following conditions. This proposal was in some ways different to the proposal at hand, however it was noted that a condition was imposed specifying opening hours.
4.2 18/00641/B - Demolition of existing buildings and erection of a six storey mixed use building to provide retail (Class 1) and eleven residential units (42-50 Duke Street) was approved by the Planning Committee on the 10th December 2018 subject to a Section 13 Agreement. At the time of writing, the agreement has not yet been completed. Once completed the decision notice will be issued and anyone with Interested Person Status (IPS) then has 21 days to submit an appeal. It is noted that an objector to the scheme was granted IPS and so an appeal is a possibility. Currently, appeals are taking several months to determine.
4.3 This application was initially brought before Planning Committee on 7th January 2019, and was deferred in order to allow views to be sought from relevant parties (including comments from the Police Architectural Liaison Officer).
5.0 REPRESENTATIONS
5.1 Douglas Borough Council have confirmed that there are no objections to this application (22.01.19).
5.2 The Isle of Man Constabulary (alcohol unit) have provided the following comments: "Regarding the above, I am aware that the company attempted to get a provisional Licence in the Licensing Court on the 11th October 2018. During this case, the application was refused because the planning was not in place and the plans were not accurate. Having reviewed the revised plans, it is clear those areas have been addressed and I believe the chances of getting a provisional licence granted have increased. During that court appearance, there were no objections to the application including the police. As such that stance remains the same." (25.01.19).
6.0 ASSESSMENT
6.1 It is considered that the main issues are: o Principe of Development; o Impact on Local Amenity; o Impact on adjacent conservation area; and o Parking Provision.
6.2 Principle of Development
6.2.1 The principle of reusing a vacant building within Douglas fits with the broad approach of Strategic Policies 1 and 2. The proposed use is not shopping and could therefore be seen as a departure from the Local Plan. However, the use of the word 'predominantly' in the designation suggests some allowance for other uses within the area. The provision of food and drink premises within the town centre could be seen as complimentary to the retail uses, and uses which will contribute to an evening economy can help to ensure a vibrant town centre. Therefore, on balance, it is considered that the principle of the development is acceptable
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6.3 Impact on Local Amenity
6.3.1 The nature of the use and the proposed hours of opening could impact on local amenity. No outside areas are proposed, and it is a town centre location. The Isle of Man Police and Douglas Borough Council are regarded as key potential consultees in an application such as this, they do not object to the proposal. On balance it is not considered that this is a reason for refusal, especially noting the wider benefits to the town centre of having buildings in use.
6.3.2 The presence of a wine bar in the area would add an additional amenity feature to visitors and residents in Douglas and potentially compliment the shopping use of the area and the evening economy of Douglas given town centre location. The impact from this perspective would be generally positive.
6.4 Impact on adjacent conservation area
6.4.1 Visually, there would be no proposed exterior alterations to the unit. The visual impact of the proposed wine bar is not therefore likely to have any effect on the overall street scene or the character of the main building. The proposal is for a change of use only, and therefore it is considered that there will be no impact on the conservation area as no external changes are proposed in this application.
6.5 Parking Provision.
6.5.1 The proposal does not provide any parking, but is a change of use from an existing use which does not currently provide any parking. Even if there was a net increase in the number of people working at/visiting the site, given the town centre location this is not considered to be a reason for refusal.
6.6 It is noted that there is an ongoing planning application for a larger scale redevelopment of Duke Street including this site. However, this application has been assessed separately and without prejudice in relation to this.
7.0 CONCLUSION
7.1 The proposal is in compliance with the aforementioned policies and is therefore recommended for approval.
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 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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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:...11.02.2019
Signed :...N SALT... 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
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