12 July 2010 · Senior Planning Officer (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
4, Port Jack, Onchan, Isle Of Man, IM3 1ed
The site is a terraced building in Onchan with existing commercial use on the ground floor (tanning salon) and residential on upper floors, located in an 'Area of Predominantly Shopping Use'. The proposal sought to convert the first floor to a restaurant (11am-2pm and 5pm-10pm Tuesdays-Sundays, 30-35 customers, 5 staff…
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The officer assessed the proposal against Housing Policy 17(a), finding it provided poor amenity for the second-floor flat due to no internal entrance separating residents from restaurant staff/custom…
Housing Policy 17
Requires conversions to flats to provide adequate space for amenities (a), pleasant outlook from principal rooms (b), and parking if possible (c). Officer found part (a) failed due to no separation from restaurant (shared stairs past kitchen/toilets, odours/noise from below), though (b) partially met (front outlook good, rear as existing) and (c) met (no parking possible, no unit increase).
General Policy 2
Requires development not to adversely affect amenity of local residents or character of locality (part g). Failed as first-floor restaurant would introduce noise/disturbance via rear lane access to adjacent residential properties; internal amenity harm to on-site flat also weighed against.
Do not oppose has no traffic management, parking or road safety implication
recommend that the application be APPROVED for planning purposes only
Drainage Division raises no objection but requests conditions prohibiting food waste discharges and requiring a grease trap; Highways Division does not oppose due to no traffic implications; Onchan District Commissioners recommend approval.
Key concern: No discharges of fat or other food waste to the public foul sewerage system
Drainage Division, Isle of Man Water and Sewerage Authority
Conditional No ObjectionUnder section 6 of the Sewerage Act 1999 there must be No discharges of any matter likely to injure the sewer or drain, to interfere with the free flow of its contents or to affect prejudicially the treatment and disposal of its contents.; No discharges of fat or other food waste, which will affect the performance of the public foul sewerage system, will be permitted to the foul sewer.; A grease/fat trap is recommended to be installed and maintained by the occupier/owner to prevent any such waste entering the drainage system.; In the event that this application is approved I should be grateful if the above comments could be incorporated in the approval notice.
Conditions requested: No discharges of any matter likely to injure the sewer or drain, to interfere with the free flow of its contents or to affect prejudicially the treatment and disposal of its contents (under section 6 of the Sewerage Act 1999); A grease/fat trap is recommended to be installed and maintained by the occupier/owner to prevent any such waste entering the drainage system; It will be the responsibility of the developer/occupier of the premises to provide satisfactory means of disposal for such waste
Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implications
Onchan District Commissioners
SupportThe Commissioners recommend that the application be APPROVED for planning purposes only.
The original application for change of use of the first and second floors of a terraced property from residential to part restaurant and part residential was refused by the Senior Planning Officer due to poor residential amenity for the flat under Housing Policy 17(a) and noise/disturbance to adjacent properties under General Policy 2(g). The appellant appealed with revised plans showing separate customer access from King Edward Road and a lobby separating the rear service entrance from the restaurant, proposing the flat for restaurant owner/staff use. At the public inquiry, the Planning Authority accepted the revisions but remained concerned about separation and noise; the inspector found the flat suitable for manager/staff occupation with conditions, noise impacts acceptable given hours, insulation measures, and context of mixed commercial/residential uses, and parking not an issue. The Minister accepted the inspector's recommendation to allow the appeal on 4 November 2010, reversing the refusal with conditions on hours, flat occupation, sound insulation, and extraction.
Precedent Value
This appeal shows that mixed commercial/residential uses above shops in shopping areas can succeed on appeal with revised plans providing access separation, occupancy conditions linking flat to business, and mitigation for noise via insulation/hours conditions. Future applicants should submit detailed access plans early and embrace tied-occupancy conditions for 'living over shop' proposals.
Inspector: Neil A C Holt
