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Case Officer: Miss Jennifer Chance Photo Taken: Site Visit: Expected Decision Level: Planning Committee
THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.1 The site is Pizza Hut on the ground floor of 1,3 and 5 Peveril Buildings on the corner of Loch Promenade and Walpole Avenue. The site is within a Conservation Area.
2.1 The application seeks the variation of a condition of a previous planning approval 09/01313/C to extend the opening hours of the premises to 8am - 12pm each day, except during the TT fortnight and the Isle of Man Festival of Motorcycling fortnight when they would like the opening hours to extend to 02.15am the following day.
3.1 Planning approval was granted for 'Change of use from restaurant / cafe to a mixed use comprising restaurant / cafe and takeaway' (09/01313/C) subject to a condition that stated:
'This approval relates to the use of the premises as a restaurant/cafe and takeaway; the premises may be operated only within the period of 0800-2300 each day, except during TT fortnight and Grand Prix fortnight when the operation may continue until midnight. The premises may only be operated outside the approved opening times on special occasions AND with prior written approval of the Planning Authority.'
3.2 14/00369/B 'Creation of an outside seating area'; 14/00370/D 'Installation of signage to outside seating area barriers'. These applications have been submitted by Pizza Hut for the area to the front of the shop facing the sea on Loch Promenade and are to be determined by the Council of Ministers.
3.3 14/00528/B Creation of an outside seating area; 14/00529/D Erection of signage to outside seating area barriers. These applications have been made by La Piazza on the same area of land at Pizza Hut and are to be determined by the Council of Ministers.
| Application No.: | 14/00691/B |
| Applicant: | PH Isle Of Man Ltd |
| Proposal: | Variation of condition 2 of PA 09/01313/C to extend opening hours |
| Site Address: | Pizza Hut 1,3 & 5 Walpole Avenue Douglas Isle Of Man IM1 2LT |
4.1 The site is designated as 'Predominately Offices' in the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998.
4.2 There are no specific policies that relate to hot food shops although General Policy 2 makes reference to impact on amenity and character of locality; and both General Policy 2 and Community Policy 7 set out that community and personal safety, and paying due regard to help prevent criminal and anti-social behaviour, are material planning considerations.
5.1 Douglas Borough Council: No objection.
5.2 Department of Home Affairs' The Architectural Liaison Officer, Isle of Man Police: "No concerns/objections to the proposed variation (on the assumption that the new hours would similarly be controlled by condition)."
5.3 Department of Environment Food and Agriculture, Environmental Protection: "If you are to take into consideration the number of complaints, mainly received by the Police with regard to public disturbance, noise adjacent to residents etc that emanate from takeaways when drunken crowds gather after the pubs close, then the decision to limit the opening hours to 23:00 was probably the correct decision in the first place.
"I am not aware of any noise or order issues at the premises. I am sure that if these occur in future they will be dealt with by the relevant bodies."
6.1 The key consideration in the determination of the application is the impact of the additional hour's opening on amenities of adjacent properties, and the likely impact on anti-social behaviour.
6.2 The area is zoned as Predominately Offices in the Douglas Local Plan, which is reflected in actuality, although other uses are also present such as Bordello's, a bar, restaurant and nightclub next door, which is open until 3am on Saturday morning and 3am on Sunday morning; and an Italian restaurant on the upper floor of the application site to which there is no condition relating to opening hours. Further along Loch Promenade are restaurants interspersed with offices and hotels, and along Victoria Street are offices, pubs/bars and estate agents amongst some other uses.
6.3 In terms of the impact on amenities of adjacent properties, those physically attached are similar uses and those beyond are offices. It is not considered that there would be any undue impact in terms of noise, general disturbance or odour. There are no known residential properties in the vicinity.
6.4 The impact of anti-social behaviour is always a difficult one to assess in planning terms. There needs to be the right balance of allowing uses where people can enjoy themselves and buy something to eat at night in town centres, versus the difficulties of anti-social behaviour at 'hot spots' where alcohol misuse can lead to poor behaviour in terms of littering, shouting, fighting and vandalism. Hot food shops are often a location where anti-social behaviour occurs when people queue for and eat food after a night out.
6.5 Although DEFA have raised concerns, it is not clear whether they refer to extension of opening hours and anti-social behaviour in general or at this location specifically and further information has been sought in this respect, and will be provided to Committee by way of a verbal update. It is of note that the Police have not raised any objections to this proposal.
6.6 The application seeks an extension of opening hours to midnight except during TT and the Festival of Motorcycling. It is not considered that midnight is especially late and other activity in the area goes beyond this time. Given similar surrounding uses, it is likely that the Police may well be in the vicinity in any event and as a result the areas of concern are to a certain extent contained. There would be more concern if a late night take-away was proposed to be newly established on a route out of town or near residential properties where people would be attracted and which would then spread the resources of the Police more thinly.
RECOMMENDATION.
7.1 To approve the application.
8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant’s agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure) (No2) Order 2013 and Article 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
The Department of Environment, Food and Agriculture, and The Department of Home Affairs.
| Recommendation |
|---|
| Recommended Decision: Permitted |
| Date of Recommendation: |
| 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 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.
This approval relates to the use of the premises as a restaurant/cafe and takeaway: the premises may be open only within the period 08:00 to midnight each day, except during TT fortnight and the Isle of Man Festival of Motorcycling fortnight when the operation may continue until 02:15 am. All customers must have left the premises within 10 minutes of the closing time.
Reasons: In the interests of environmental amenity and prevention of crime.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : ... Committee Meeting Date : ...
Signed : ...
Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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