28 January 2019 · Delegated - Principal Planner (Sarah Corlett)
15-17, Duke Street, Douglas, Isle Of Man, IM1 2bb
The application sought permission to convert two retail units (previously an opticians and pie shop) at 15-17 Duke Street in Douglas town centre from Class 1 retail to Class 3 café/restaurant use as a sports bar serving food and drinks, with no external alterations proposed.
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The officer assessed the principle of changing from Class 1 retail to Class 3 café/restaurant as acceptable in a central Douglas town centre location characterised by mixed retail, bars and cafés, sta…
All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centr
Requires new retail/office development in town centres on zoned land to maintain viable vibrant centres. Officer found Class 3 use acceptable as it complements retail, encourages footfall and vibrancy in Douglas town centre mixed-use area.
General Policy 2
Permits development in line with area plans if it avoids adverse impacts on townscape character, resident amenity, provides access/parking, and does not affect road safety. Proposal complied with no visual changes, mitigated amenity impacts via conditions, and adequate off-site parking.
Environment Policy 22
Prohibits development unacceptably harming amenity via odour, noise or pollution. Addressed through condition requiring internal ventilation systems approved by Environmental Health to control food odours and equipment noise for nearby residents.
Time limit
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.
Operating hours
No customers shall be served or remain in the building outside the following hours 1100hrs - 2300hrs Monday to Thursday, 1100hrs - 0000hrs Friday and Saturday, 1100hrs - 2000hrs Sunday. Reason: In the interests of public amenity and to reflect the application as submitted.
Ventilation system
The approved use may not commence until such times as an internal ventilation system has been installed to deal with the odours generated by the proposed use along with any system to deal with noise emitted from this equipment. Note: the advice and approval of the Environmental Health Directorate, DEFA may be required prior to the use of the site as hereby approved. Reason: In the interests of residential amenity and reduction of pollution.
No objection but requests consideration of ventilation systems endorsed by Environmental Health to prevent noise and fumes nuisance to neighbours.
No Highways Interest in the application.
No formal objection; notes architect engagement on security/CCTV; concern on basement monitoring addressed via provisional licence process; music licence to 1am reasonable.
Douglas Borough Council provided two consultation responses confirming no objection to the change of use application 18/01240/C, with requests for consideration of ventilation systems and plan measurements.
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections to the listed applications.
Douglas Borough Council
No Objectionthe Council does not object to the application; The Council asks that consideration is given to the ventilation systems to be installed as part of the proposed application and that this will be endorsed by the Environmental Health Directorate prior to the premises becoming operational to ensure that the noise and potential fumes extracted from the premises do not cause a nuisance to the immediate neighbours.; further consideration is given to the measurements on the plans provided and that the accuracy of these measurements is checked as part of the building control application.
Conditions requested: consideration is given to the ventilation systems to be installed as part of the proposed application and that this will be endorsed by the Environmental Health Directorate prior to the premises becoming operational to ensure that the noise and potential fumes extracted from the premises do not cause a nuisance to the immediate neighbours.; further consideration is given to the measurements on the plans provided and that the accuracy of these measurements is checked as part of the building control application.
