222579

==== PAGE 1 ====

PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : Applicant: Proposal: Site Address: 14/00098/B Hestons Conversion from ofRce / retail to a hot / cold food takeaway 16 Victoria Street Douglas Isle Of Man IMl 2LQ Case Officer: Photo Taken : Site Visit: Expected Decision Level : Officer Delegation Miss Laura Davy Officer's Report 1.0 THE SITE 1.1 The application site is the curtilage of 16 Victoria Street, Douglas which is five storey corner property with additional accommodation within the basement. Tlie application site relates to the ground floor area of the building only, which is currently a vacant unit, the last use was as an office. 1.2 The ground floor has a relatively modern frontage; the upper floors have retained their detailing and timber sliding sash windows. The upper floors of the property are used as office accommodation. 2.0 THE PROPOSAL 2.1 Ttie application seeks approval for the conversion of the ground floor from office accommodation to a hot and cold food takeaway. No external alterations are being proposed under this application. 2.2 The opening hours would be Monday to Saturday 7am until 5pm and Sundays 9am until 4pm. 3.0 PLANNING HISTORY 3.1 The previous applications are not considered to be specifically material in the assessment of the current application. 4.0 DEVELOPMENT PLAN POUCIES 4.1 The application site is within an area zoned as "Area of Predominantly Shopping Use" identified on the Douglas Local Plan 1998. It is also within the "Athol Street/Victoria Street Conservation Area. Given the nature of the application it is appropriate to consider Strategic Policy 4, General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan (20th June 2007). 4.2 Strategic Policy 4 Proposals for development must: Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest; Protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and a) b) 3 March 2014 14/00098/B Page 1 of 4

==== PAGE 2 ====

Not cause or lead to unacceptable environmental pollution or disturbance. c) 4.3 Genera! Policy 2 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: c) Does not affect adversely the character of the surrounding landscape or townscape; g) Does not affect adversely the amenity of local residents or the character of the locality. 4.4 Environment Policy 35 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 CONSULTATIONS 5.1 Highways Division do not oppose 5.2 Douglas Corporation has not commented 5.3 Ttie owner/occupier of 6 Prospect Hill, Douglas objects on commercial grounds. 5.4 The Architectural Liaison Officer of the Department of Home Affairs has commented on the application and recommends that a condition restricting the hours of operation be placed upon any approval. 5.5 The owner/occupier of a premises at Victory Court, Prospect Hill objects on commercial grounds. 6.0 ASSESSMENT 6.1 The application seeks approval for the conversion of the ground floor from office accommodation to a hot/cold food takeaway. The main issues to consider in the assessment of the application are the principle of the use, the impact upon the amenities of the neighbouring properties and the impact upon the character and appearance of the street scene. 6.2 The area is identified as predominantly shopping but there are a range of shops, cafes, estate agents, bars, pubs, offices and restaurants within the locality which contribute to the vitality of the area. It is considered that the proposed use would respect the surrounding uses and would result in a building being utilised rather than the unit remaining vacant. 6.3 The proposed food does not appear to be fatty or fried and therefore the odour is limited. The applicant has indicated that Environmental Health have viewed the property and believe that they would not require an extractor. The floors above are used as office accommodation and therefore the use of the ground floor as a hot/cold food takeaway is unlikely to have an adverse impact in terms of noise and disturbance upon the properties above. 6.4 There are no external alterations proposed under this application and therefore the proposed development would not have a harmful impact upon the character and appearance of the property. The use of the vacant unit is considered to have a positive impact upon the character and vitality of the Conservation Area. 6.5 The times proposed would be 7am until 5pm Monday until Saturday which would not have an adverse Impact upon the neighbouring properties given that the neighbouring uses are offices. The opening times on Sunday would be 9am until 4pm; again this would be unlikely to adversely affect the neighbouring properties as offices do not tend to operate on a Sunday. 14/00098/B Page 2 of 4 3 March 2014

==== PAGE 3 ====

6.6 Given the Town Centre location the proposed use would not have an adverse impact upon parking and highways safety as there is sufficient on street and pay and display parking as well as being in close proximity to the Bus Station. 6.7 For the above reasons the application is considered to be acceptable and is recommended for approval. 7.0 PARTY STATUS 7.1 The local authority, Douglas Corporation is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered an "interested person" and as such should be afforded interested person status. 7.2 The Highways Division of the Department of Infrastructure is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (d), considered an "interested person" and as such should be afforded interested person status. The owner/occupier of a premises in Victory Court, Prospect Hill is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) (No 2) Order 2013, and as such is not afforded interested person status. The owner/occupier of 6 Prospect Hill, Douglas is not considered an "interested person" under the criteria set out in the Town and Country Planning (Development Procedure) (No 2) Order 2013, and as such is not afforded interested person status. The Department of Home Affairs is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (c), considered an "interested person" and as such should be afforded interested person status. Recommendation Recommended Decision: Permitted Date of Recommendation: 03.03.2014 Conditions and Notes for Approvai / Reasons and Notes for Refusai C : Conditions for approval N : Notes attached to conditions R : Reasons for refusai O : Notes attached to refusais C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. The development hereby approved shall not be carried out except in full accordance with the following plans: 3 March 2014 14/00098/B Page 3 of 4

==== PAGE 4 ====

Location Plan date stamped as being received 27th January 2014 Proposed f=Hor Plan date stamped as being received 27th January 2014. C3. The proposed cafe shall be used only between the hours of 0700hrs to 1700hrs Monday until Saturday and OOOOhrs to lOOOhrs on Sunday. 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. 5 3 Decision Made: Permitted Date : Determining officer (delete as appropriate) Signed :... Sarah Corlett Senior Planning Officer Signed :... Chris Balmer Senior Planning Officer Signed : Michael Gallagher Director of Planning and Building Control Development Control Manager Signed :... Jennifer Chance Page 4 of 4 3 March 2014 14/00098/B