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19/00719/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00719/B Applicant : Ameya Limited Proposal : Alterations and extension to front and rear of property and change of use from travel agents to restaurant and installation of flue Site Address : Mona Cottage Marathon Terrace Queens Promenade Douglas Isle Of Man IM2 4NH
Planning Officer: Miss Lucy Kinrade Photo Taken : 18.09.2019 Site Visit : 18.09.2019 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 31.10.2019 __
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. The flue ventilation system hereby approved shall not be operated between 2300 - 0700 hours, and noise levels from the system outside of these hours shall not exceed 61dB when measured 3m away from the flue or from the window of the nearest habitable room which ever is the closest.
Reason: In the interest of neighbouring living conditions and amenity.
Plans/Drawings/Information;
This application relates to drawing number 19 1326 01, 19 1326 02 and site photographs all date stamped and received 26/06/2019, and 19 1326 03, 3 pages of photographs, 1 specification sheet and a hand drawn flue diagram all date stamped and received 04/09/2019. __
Interested Person Status - Additional Persons
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None __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site forms part of Mona Terrace, Queens Promenade, Douglas, this short stretch of properties wedged between Switzerland Road and The Queens Public House comprise a mix of commercial uses including a small convenience shop, a restaurant and boutique hotel, a dog grooming parlour and a tshirt shop. The majority of the upper levels are in residential use, with each having a first floor roof terrace above the ground floor shops.
1.2 The site subject to this application is a three storey property which was previously a travel agent with a residential flat above.
1.3 Access to the shop was via the glazed shop frontage facing the prom and access to the flat via an external stair case.
1.4 The back of the property joins with Switzerland Road where access is available into both the shop and the flat.
2.0 PROPOSAL 2.1 Full planning approval is sought for number of external alterations to the building to facilitate the change of use of the ground floor travel agents (use class 2) to a restaurant (use class 4).
2.2 The alterations to the front of the building include the removal of the existing shop door and its replacement with a glazed frontage and the enclosure of the existing external stair case to provide a shared entrance porch for the flat and the restaurant. The upper parts of the frontage will be made good with timber cladding, guttering and railings extended over the new enclosed area finished to match the existing.
2.3 At the rear, the application proposes the enclosing of the ground floor yard with a flat roof to provide toilet facilities and a rear lobby to the restaurant. The application also proposes the installation of a new 5.5m tall extract flue fixed to the rear elevation of the property and the cowl protruding around 700mm above the eaves. The proposed flue is to have a diameter of 500mm with the cowl and fan sections sitting slightly larger around 600mm.
3.0 PLANNING HISTORY 3.1 The site has not been the subject of applications considered to be of material relevance to the assessment of the current proposal.
4.0 PLANNING POLICY 4.1 As noted, the site falls within a Conservation Area, which is also zoned as Tourism / Residential on the Douglas Local Plan. In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains three policies that are considered specifically material to the assessment of this current planning application.
4.2 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: (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape;
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(g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan."
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.
4.4 Environment Policy 35 states: "Within 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 Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Douglas Borough Council - no objection (17/07/2019 & 27/09/2019).
5.2 DOI Highways Division - do not oppose (16/08/2019) - there is no specific parking standards for restaurants, there are two existing spaces on the forecourt in front of the building although no legal dropped kerb to access these. The travel agency use would have had little demand for parking in the evenings, but there is some spare on-street parking available in the vicinity and on this basis no highway objection to the proposal at this time.
6.0 ASSESSMENT Front Elevation 6.1 The most notable changes to the building will be those to the front elevation as viewed from the Promenade and by most members of the passing public. Mona Terrace is made up of a range of properties each with a slightly different size, style and finish. The two properties adjoining either side of the application site have no external staircase and each have a predominantly glazed frontage with a deep banding between the top of the glazing and the roof terrace railings. The proposed enclosure of the staircase and the alterations to the frontage will continue this deep banding, railings and mostly glazed approach and will result in a façade that is visually not so far removed from the appearance of those facades and variety of shop fronts found in the immediate terrace.
Rear elevation 6.2 At the rear the building is enclosed by a large boundary wall which limits public view from Switzerland Road, the roofing over works in the rear yard will not be visible and are considered to be unobjectionable in this case. The upper parts of the flue are likely to be visible above the boundary wall and while not the most attractive of features, the flue's position here at the rear within a small recessed area between two outriggers and next to an existing metal fire escape staircase, a smaller metal flue and a number of soil vent pipes, its likely to be read amongst and as a reflection to the general commercial nature of the site and the immediate surroundings, and not expected to adversely impact the character of the area.
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Amenity - Flue Ventilation System 6.3 The operation of a ventilation system and flue associated within the production of hot food is likely to generate both noise and smell. In the case of this application the existing property and the 4 storey neighbouring property both have living accommodation in the upper floors, where the operation of the flue could have an impact on their living conditions. When it comes to mixed use areas such as this there can often be a general level of activity that is to be expected, such as traffic, music and smells but that this should not be so adverse as to cause unacceptable harm to the amenities of the area.
6.4 In understanding the impact consideration shall be given to the hours of operation and the level of noise to be generated.
6.5 In terms of hours of operation no information has been provided for the restaurant. Given that there are no restrictions to the operation of the existing travel agents, and that many of the nearby properties (including the adjoining neighbour) operate as hotels or guest houses that it would perhaps be unreasonable to restrict the general restaurant opening hours, however consideration could be given to a restriction on the operation of the flue and ventilation system.
6.6 The application has been provided with a specification sheet for a JM Aerofoil ventilation fan, this document contains figures relating to the overall decibel noise level at 3m being 61db. This equates to a similar noise level emitted from an air conditioning unit or a dishwasher for example. Unlike a dishwasher, the noise level from the vent is to be constant when in use. There is separate legislation which addresses noise, where unreasonable levels of noise should not occur at 'night hours' between 11pm - 7am.
6.7 Being mindful of the living accommodation at the upper floors here, it's considered necessary to apply a condition restricting the use of the ventilation and flue system between 11pm and 7am as to limit any potential impact on the living conditions of the upper floor occupants.
Amenity - Highways 6.8 The number of persons visiting the site will likely be no more apparent than those frequenting the immediate area whether residents, staff, tourists or the general public. Highway Services have indicated in their comments that there is some on street parking available in the immediate area and as such they are content that the proposal will not result in any new highway safety issues for the area.
7.0 CONCLUSION 7.1 The change of use and the development works proposed are considered to be acceptable and the latter physical works expected to have an overall negligible impact on the general appearance of the area and thus preserving the overall character of the wider Conservation Area. In light of the potential noise and smell impacts from the flue ventilation system on the living conditions of those in the immediate vicinity that a conditions be added restricting the use of the flue between 11pm and 7am.
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
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(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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 04.11.2019
Determining officer
Signed : S CORLETT Sarah Corlett
Principal Planner
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