177947

==== PAGE 1 ====

                                      19/00117/B                                     Page  1  of  5

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/00117/B Applicant : Duncox Hospitality Limited Proposal : Variation of condition 2 of PA 18/01240/C, Change of use of ground floor and basement from retail to Class 3 Food and Drink, to amend opening hours Site Address : 15 - 17 Duke Street Douglas Isle of Man IM1 2BB

Planning Officer: Mr Nick Salt Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 04.04.2019 __

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; 1100hrs - 0100hrs Monday to Sunday.

Reason: In the interests of public amenity and to reflect the application as submitted.

C 3. 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.

C 4. 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.

==== PAGE 2 ====

                                      19/00117/B                                     Page  2  of  5

Reason: In the interests of public amenity and to reflect the application as amended.

Plans/Drawings/Information:

This permission relates to the following plans and drawings, date stamped received on 6th February 2019:

o Planning Statement from applicant o Location Plan o 1806/SK1000 Ground floor plan o 1806/SK1001 Basement Plan

__

Interested Person Status - Additional Persons

None __

Officer’s Report

1.0 SITE 1.1 The proposal site consists of retail units at 15-17 Duke Street, Douglas. The building in which the units are situated (on the basement and ground floors) are ornate in design with formal painted render and intricate window design. It is therefore quite a prominent building on the street scene of Lord Street and King Street.

1.2 The surrounding area is characterised by a mix of retail, restaurant/bar and café uses. The site itself was previously occupied by a retail opticians and pie shop. It is within Athol Street and Victoria Street Conservation Area. To the rear of the site is a narrow single track access lane leading into a private locked courtyard. Behind this is a row of residential dwellings fronting onto Lord Street, and another row behind. The floors above the units are also residential flats.

2.0 PROPOSAL 2.1 Proposed is the variation of condition 2 on approval 18/01240/C which stated: "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."

2.2 The revised opening hours of the sports bar are proposed to be 11am - 1am on each day of the week for a temporary period of 6 months, after which, a new application must have been approved to continue these revised hours of opening, otherwise the originally approved hours (18/01240/C Con.2) would be reverted to.

3.0 PLANNING HISTORY 3.1 The proposal is in relation to 18/01240/B - Change of use of ground floor and basement from retail to Class 3 Food and Drink, Approved.

4.0 PLANNING POLICY 4.1 The proposal site is in an area designated in the Douglas Local Plan 1998 as Predominantly Shopping. As previously stated it is within a Conservation Area.

4.2 Consideration must again be given to General Policy 2 (in part):

==== PAGE 3 ====

                                      19/00117/B                                     Page  3  of  5

"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: (g) does not affect adversely the amenity of local residents or the character of the locality."

4.3 Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution.

5.0 REPRESENTATIONS 5.1 Douglas Borough Council have commented the following:

"Following consideration of the application the 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; and

2. 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 of remain in the building outside the following hours - 1100hrs - 2300hrs Monday to Thursday, 1100hrs-0000hrs Friday and Saturday, 1100hrs - 2000hrs Sunday.

In making the above request the Council has taken into consideration the potential effect of noise pollution and anti-social behaviour on those living close to the new establishment, particularly the tenants of the flats above the new premises along with the tenants of Council owned properties in King Street.

It was agreed that 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 the new facility could operate without adversely affecting those living close by.

If during this temporary period of operation no complaints are made to the Council, the police or the management of the establishment regarding noise or anti-social behaviour at closing time of the facility, this would then allow the Council to make an informed decision as to supporting a permanent Variation in Condition 2 of Planning Application 18/01240/C."

5.2 The Isle of Man Constabulary (Alcohol Unit) provided the following comments on the previous approval on the site (18/01240/C) : "This is a new application, as you will be aware. The architect has been engaging with me over this, albeit again I could not provide qualified advice on the design. However, the architect has researched the best practices in terms of security & CCTV. The Provisional Licence application is due in court on 7th February 2019. My main concern on the plans would be how will the staff keep a close eye on the customers using the basement area and toilets as it appears to be quite secluded. For example, how will they know who is drinking what (under-age etc.) or if any recreational drugs are being used. That would be a matter for them to explain in court. I understand they want a 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." (25.01.19).

5.3 DoI Highways have stated that there is no Highways interest in this application (15.02.19).

==== PAGE 4 ====

                                      19/00117/B                                     Page  4  of  5

6.0 ASSESSMENT 6.1 The area of assessment in this proposal is solely the effect of the new proposed hours of opening, as the other aspects of the site were assessed in PA 18/01240/B, and the application is for the variation of the condition 2 only.

6.2 It is important, as with the original application, to consider the impacts of the proposed opening hours on the amenity of nearby residential dwellings and the impact from a public nuisance perspective. It is noted that the response from the police specifies opening hours acceptable until 1am each day of the week, which is found not unreasonable by the Constabulary. The hours on the original condition attached to the change of use approval reflected those stated in the applicants planning statement.

6.3 It is not considered that the extension of the opening hours would be more detrimental to public and residential amenities given the town centre location of the proposal. As the proposed use is a sports bar, it is reasonable to assume that peak customer hours would be in the evenings and weekend afternoons during televised sports matches. The potential for large weekday crowds at the bar after midnight on weekday and Sunday nights for example is regarded as slim.

6.4 The increased opening hours would not result in unacceptable increases in noise pollution or on impacts on amenity as per EP22 and GP2. However, in order to further minimise the risk of long term disruption, this condition alteration application should be granted approval for a period of 6 months, after which the previously approved hours would be retained unless a further planning application is submitted. The applicant has requested that the application be amended to reflect this (21.03.2019)

7.0 CONCLUSION 7.1 In summary, the proposed alteration of condition complies with the aforementioned policies in the Isle of Man Strategic Plan 2016 and the police representations and is recommended for approval for a temporary period of the first 6 months of 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. __

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted

Date : 08.04.2019

==== PAGE 5 ====

                                      19/00117/B                                     Page  5  of  5

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.