7 January 2021 · Planning Committee
Garage Showroom Workshop & Premises, Peel Road, Douglas, Isle Of Man, IM1 5ed
The proposal involves modifying Unit 3, a 241sqm single-storey building within a larger approved development including KFC and Starbucks drive-thrus, by combining two retail units into one high-class restaurant, relocating two disabled parking bays, improving the bin store, and making modest design alterations.
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The officer considered the proposal acceptable in principle due to the site's history of non-industrial uses (car showroom), previous approvals introducing retail/food uses along Peel Road, and its de…
General Policy 2
Requires development to respect surroundings, not adversely affect amenity, provide safe access/parking, and avoid unacceptable highway effects. Assessed compliant due to no significant visual/amenity impacts, Highway Services no objection, and conditions for parking/hours/noise/odour.
Environment Policy 22
Prohibits unacceptable harm from noise, odour, pollution. Proposal compliant with conditions requiring approved noise/odour control schemes prior to occupation, given distance to residences (120m+ to extraction flue).
Strategic Policy 1
Promotes efficient use of underused land and infrastructure. Site redevelopment optimises previously developed vacant land post-Eurocars relocation.
Strategic Policy 2 - Priority for new development to identified towns and villages
Directs development to towns like Douglas. Site within Douglas urban area, main employment centre per SP1.
All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centr
Requires retail in zoned town centres. Original retail approved despite not meeting tests; change to food/drink removes retail conflict, aligning better with Area Plan.
Strategic Policy 10
Promotes integrated transport minimising car journeys. Compliant per Highway Services assessment of traffic/parking/access.
Business Policy 10
Limits retail to town/village centres except specified cases. Douglas objected citing this; officer overruled as site in Mixed Use Riverside Gateway (despite Inspector concerns), small scale (<500sqm), established retail precedent.
Transport Policy 3
Protects rail routes for leisure/transport. No compromise as site east of former railway line.
Transport Policy 4
Highways must accommodate development traffic safely. Satisfied per Highway Services.
Transport Policy 7
Requires parking per standards. Provided as per approved plans with condition.
Environment Policy 43
Supports regeneration of run-down areas per Area Plans. Aids Peel Road West CTA4 regeneration.
Business Policy 1
Encourages employment growth if policy-compliant. Restaurant supports local business.
Time limit
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Parking and access provision
The development hereby approved shall not be occupied or operated until the parking, turning areas, associated access and circulating lanes have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times. Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Opening hours
The Class 3, Food & Drink Use hereby approved (Unit 3), shall only be open for use by customers, between the hours of 1100hrs and 2300hrs (during TT and MGP fortnights (practice & race weeks) between the hours of 1100hrs and 0000hrs), 7 days a week. Reason: The application proposes the times listed and has been considered on this basis only and in the interests of the amenity of neighbouring occupants in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.
Noise control scheme
No development shall commence until a scheme specifying the provisions to be made for the control of noise emissions from the site has been submitted to and approved in writing by the Department. These measures shall then be implemented in full before the development is occupied and shall be permanently retained thereafter unless otherwise agreed in writing with the Department. Reason: To reduce the impact of noise beyond the site of the application resulting from the approved development.
Odour control scheme
No development shall commence until a scheme specifying the provisions to be made for the control of odour emissions from the site has been submitted to and approved in writing by the Department. These measures shall then be implemented in full before the development is occupied and shall be permanently retained thereafter unless otherwise agreed in writing with the Department. Reason: To reduce the impact of odour beyond the site of the application resulting from the approved development.
do not oppose
concerns about invasive plants overcome with amended native planting list; no further objection
Douglas Borough Council objected to the change of use to a high class restaurant citing Isle of Man Strategic Plan Business Policy 10 requiring retail in town centres; DEFA Ecosystem Policy Officer requested removal of invasive plant species; DOI Highways Division had no objection.
Key concern: High class restaurant should be in town centre per Business Policy 10
Douglas Borough Council
ObjectionThe Committee resolved to object to the application on the following grounds.; Business Policy 10: Retail development will be permitted only in established town and village centres; it would be preferable for a high class restaurant to be situated within the town centre rather than on the outskirts of the town.
Douglas Borough Council
there may be an issue with bin and recycling.; The applicant will need to consider where the additional bins will be accommodated and show this on the plans.; we do need to ensure that the bin storage is adequate.
Conditions requested: Show additional bins accommodation on the plans; Ensure bin storage is adequate
DEFA Ecosystem Policy Officer
Conditional No ObjectionAs invasive plant species we request that they are removed from the planting list and replaced with other non-invasive species.; It is an offence to plant, or otherwise cause to grow in the wild any plant listed on Schedule 8.
Conditions requested: Remove invasive plant species from the planting list and replace with other non-invasive species; Greater use of Manx native planting on site; Updated site plans with the invasive species removed and an updated planting list should be provided to planning prior to determination
Department of Infrastructure (DOI) Highways Division
No ObjectionDo not oppose; DNO on 09 Nov 20
