8 April 2019 · Head of Development Management (Stephen Butler)
15-17, Duke Street, Douglas, Isle Of Man, IM1 2bb
The application sought to vary condition 2 of planning approval 18/01240/C, which had permitted change of use of ground and basement floors from retail (opticians and pie shop) to a Class 3 sports bar and kitchen, by extending opening hours from 11am-11pm/12am/8pm (varying by day) to 11am-1am daily.
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The officer assessed the impact of extended opening hours (11am-1am daily) solely on residential amenity and public nuisance, as other aspects were covered in prior approval 18/01240/C.
General Policy 2
Requires development in accordance with land-use zoning not to adversely affect amenity of local residents or character of locality (part g). Officer found extended hours acceptable in town centre context with low risk of large late crowds, no unacceptable amenity/noise impact.
Environment Policy 22
Prohibits development causing unacceptable harm via noise, odour or other pollution. Assessed as compliant as increased hours would not result in unacceptable noise pollution or amenity impacts, supported by conditions for ventilation/odour control.
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.
Opening hours
No customers shall be served or remain in the building outside the following hours; 1100hrs - 0100hrs Monday to 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.
Temporary hours reversion
Upon the completion of 6 months from the date of the decision notice, as it becomes final, the opening hours will change back to the following hours; 1100hrs - 2300hrs Monday to Thursday, 1100hrs - 0000hrs Friday and Saturday, 1100hrs - 2000hrs Sunday provided that no further application to amend or remove this condition is submitted. Reason: In the interests of public amenity and to reflect the application as amended.
Music Licence up until 1am each day... I do not find that unreasonable, but I would not want it any later than that. But in general, I do not foresee any formal objection from the police.
no Highways interest in this application
Douglas Borough Council requested a temporary 6-month variation to test extended hours and monitor impacts, while DOI Highways Division stated no highways interest.
Key concern: potential effect of noise pollution and anti-social behaviour on nearby residents
Douglas Borough Council
Conditional No Objectionthe Committee resolved that Douglas Borough Council should request the following: 1. That the Planning Department refer back to the applicants to suggest that the application is amended to a temporary variation of the existing Condition 2 for a period of six months; asking the Applicant to revert back to a Temporary Variation of Condition 2 for a six month period would allow the management of the facility to demonstrate that that the new facility could operate without adversely affecting those living close by
Conditions requested: amended to a temporary variation of the existing Condition 2 for a period of six months; Prior to the end of this six month period, either a new application for permanent hours variation is submitted, otherwise the hours restriction would revert back to those already approved with Condition 2 applicable:- No customer 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
Department of Infrastructure (DOI) Highways Division
No ObjectionNo Highways Interest
