Case Officer: Mr Steve Stanley Photo Taken: Site Visit: Expected Decision Level: Officer Delegation
Officer's Report
Introduction
This application seeks permission to form a coffee lounge at a premises located within Douglas.
The Site
The application site is the curtilage of Diamond House, Demesne Road, Douglas. The building occupies the corner of Demesne Road and Westmoreland Road. Currently the building is used partly as a convenience shop which has its frontage onto Westmoreland Road. Part of the ground floor is used as a health and beauty facility and the remaining area is not in use. The upper floor was previously used as a storage area which served the building when it was in use as a retail outlet known as Industrial Equipment. Externally the building has a forecourt to the front (Westmoreland Road) which can accommodate a small number of cars. The side elevation also has a long narrow hard standing which can accommodate vehicles.
This application relates to the area below the existing canopy to the front of the building which is a remnant from when the site was a petrol station although this use ended many years ago.
The Proposal
This application seeks approval for the enclosure of the area below the canopy to create a coffee lounge which would be accessed from the existing shop. The area created would be 39.6 sq.m. The plans show an arrangement of six sets of tables and chairs along with a W.C.
Development Plan Policies
The application site is located within an area designated as being Predominantly Residential use by the Douglas Local Plan Order 1998 Map No.1 (Central Area).
The Isle of Man Strategic Plan 2007 contains policies which are considered material to the assessment of this current planning application:
General Policy 2
Application No.:
12/01173/B
Applicant:
Mrs Karen Hanly
Proposal:
Enclose area under existing canopy to front of shop area to create a coffee lounge
Site Address:
Hanly's
Diamond House
Demesne Road
Douglas
Isle Of Man
IM1 3DS
"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:
(a) is in accordance with the design brief in the Area Plan where there is such a brief;
(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;
(d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
(e) does not affect adversely public views of the sea;
(f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
(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;
(j) can be provided with all necessary services;
(k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
(l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
(m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
(n) is designed having due regard to best practice in reducing energy consumption."
Environment Policy 43
"The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the reuse of sound built fabric, rather than its demolition."
Planning History
The following previous planning application is considered relevant to the determination of this proposal:
89/01771/B - Approval in principle for alterations to facilitate use of first floor area for storage and assembly of computer hardware/use of ground floor warehouse for trade display. Permitted.
97/00885/B - Conversion of off licence to take away fish and chip shop. Permitted.
08/02172/C - Change of use from takeaway to retail. Permitted.
10/01307/B - Conversion of existing ground floor office and first floor store to a hairdresser's salon with treatment and therapy rooms. Permitted.
11/01148/B - Alteration and conversion of redundant storage area to a gymnasium to be used in conjunction with existing health/beauty facility. Permitted.
12/00899/B - Alteration and conversion of redundant storage area to a gymnasium to be used in conjunction with existing health/beauty facility (Amendment to PA 11/01148/B). Permitted.
Representations
The Highways Division of the Department of Infrastructure does not object to this application stating that a condition should be imposed to require the seating area to be enclosed by a barrier to stop it from spilling into the car park. The area is actually proposed to be fully enclosed and as such it is judged that a condition is not necessary.
Douglas Borough Council does not object to this application.
Assessment
The key issues to be assessed in the determination of this application the impact of the proposed use in terms of parking and impacts upon the surrounding area.
The changes proposed to the exterior of the building would be limited to the area directly below the existing canopy. The enclosure would not significantly change the appearance of the building and could be argued to be a slight improvement in aesthetic terms. The existing building reflects its previous use as a retail warehouse and as such is not of any particular architectural quality. It is judged that the alterations proposed would not cause any discernible harm to the appearance or character of the area which would warrant refusal.
The site has limited off street parking provision and this is likely to already be fully utilised by the existing shop and salon enterprises. When a site visit was carried out, there was some off-street parking on the forecourt of the building along Demesne Road and there was also some on-street parking available. The proposed use of the building is likely to generate more cars than can be accommodated within the curtilage of the site. Some of this could be provided by on-street parking in the immediate area or the multi-storey car park on Westmoreland Road. Given the location of the site close to the main centre of Douglas, it is also likely that some visitors would travel by foot or by bicycle (specific bike parking is proposed by the recently approved scheme). The area is also served by regular bus routes. The site is not within the most central part of Douglas however its location is on the periphery of the main business sector and within walking distance from Circular Road which is the edge of the main office area of Douglas.
The Highways Division of the Department of Infrastructure have not objected to this proposal and as such it is concluded that whilst it is unlikely that all vehicles generated by the proposed use would be accommodated within the site, the level of on-street parking would not be such to have unacceptable highway impacts.
Conclusions
Environment Policy 43 of the Isle of Man Strategic Plan 2007 encourages businesses to re-use sound built fabric, as opposed to demolition and this proposal would make use of an existing building. The planning balance in this case rests somewhere between the impact that the proposal would have in terms of on-street parking versus the benefits that would be instigated through the use of the vacant parts of the building and the provision of a new community facility. It is judged that the application is marginally acceptable and is therefore recommended to be approved.
Recommendation
Permit.
Party Status
The Local Authority is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d) granted Interested Party Status.
The Highways Division and the Planning Authority are both part of the Department of Infrastructure. As such, the Highways Division cannot be afforded Interested Party Status.
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 12.10.2012
Conditions and Notes for Approval / Reasons and Notes for Refusal
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the enclosure of area under existing canopy to the front of shop area to create a coffee lounge, Hanly's, Diamond House, Demesne Road, Douglas as shown by specification/info sheet, PTA 81 01, PTA 81 02, PTA 81 03, PTA 81 11 and PTA 81 13 all received 21st August 2012.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made: Permitted Date: 15/10/12
Determining officer (delete as appropriate)
Signed: _________________________ Anthony Holmes Senior Planning Officer
Signed: _________________________ Signed: _________________________ Sarah Corlett Senior Planning Officer
Signed:
Michael Gallagher Jennifer Chance Director of Planning and Building Control
Michael Gallagher Jennifer Chance Director of Planning and Building Control
Development Control Manager
12 October 2012
Development Control Manager
12 October 2012
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