Loading document...
==== PAGE 1 ====
15/01112/C
Page 1 of 3
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/01112/C Applicant : Zuber Patel / CEX Proposal : Change of use of premises from restaurant with hot food takeaway facility to retail Site Address : 56 - 58 Duke Street Douglas Isle of Man IM1 2AR
Case Officer : Miss Abigail Morgan Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Officer’s Report
1.0 APPLICATION SITE
1.1 The application site is the curtilage of 56-58 Duke Street, Douglas. The property is a four storey, mid terrace building on the eastern side of Duke Street within Douglas town centre. Currently the building is empty but was previously a fast food outlet.
1.2 The building is located along the main shopping street in Douglas, which leads from Stand Street (to the north) to Victoria (to the south) with the building fronting onto Marks and Spencers and backing onto Villiers Square
1.3 The building has a glazed frontage at ground level with a single central access door into the main floor space and equally spaced and proportionate windows on the floors above. There is an existing fascia sign above the window that extends the full width of the property and a height of 750mm.
1.4 This area is characterised by predominantly retail shops, although there are some food outlets nearby.
2.0 THE PROPOSAL
2.1 The proposal seeks for change of use from hot food outlet to retail at the basement, ground and first floor levels. On the second and third floor is a flat which is to remain unchanged.
2.2 The basement will be storage and toilets and the ground and first floor are to be sales areas totalling 150m2.
3.1 PLANNING HISTORY
3.1 The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.
3.2 There are currently two other applications pending in relation to this proposal; o 15/01060/B - New Signage o 15/01059/B - New Shop Front
4.0 DEVELOPMENT PLAN POLICIES
==== PAGE 2 ====
15/01112/C
Page 2 of 3
4.1 In terms of local plan policy, the application site is within an area designated as being predominantly shopping in the Douglas Local Plan 1998.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. General Policies of The Isle of Man Strategic Plan (20th June 2007) states;
4.3 General 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; (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"
5.0 REPRESENTATIONS
5.1 The Department of Infrastructure Highway Services does not oppose the application. 30.9.15.
6.0 ASSESSMENT
6.1 This application will see the return of an existing business back into retail from a hot food outlet. The proposal is within a Predominantly Shopping Area within Douglas Town Centre, therefore it would comply with policy and bring an empty unit back into use.
6.2 On this basis, it is concluded that the planning application is in accordance with General Policy 2 of the Isle of Man Strategic Plan 2007
7.0 RECOMMENDATION
7.1 Therefore it is recommended that the planning application be approved, subject to conditions.
8.0 PARTY STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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 , in this case, Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.
Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.
==== PAGE 3 ====
15/01112/C
Page 3 of 3
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 04.11.2015
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.
This approval relates to Location Plan and drawing numbers CEX-DOU-03, 04, 05, 06 and 07 all date stamped as received 5 October 2015.
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date : 04.11.2015 Determining officer
Signed : J CHANCE
Jennifer Chance
Head of Development Management
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Copyright in submitted documents remains with their authors. Request removal