12 April 2021 · Delegated - Principal Planner Sarah Corlett
Garage Showroom Workshop & Premises, Peel Road, Douglas, Isle Of Man, IM1 5ed
The site is a 0.7 hectare former garage on Peel Road in Douglas, previously approved under PA 18/00977/B for two food/drink units (including KFC drive-thru and Starbucks), a retail unit, parking, and landscaping.
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The officer assessed whether removing the flood alleviation tank would increase flood risk on or off-site from fluvial, tidal, or surface water sources.
General Policy 2
Requires development to respect site/surroundings, not adversely affect amenity, flooding risk, highway safety, or visual character. Assessed compliant as removal poses no flood risk increase, enhances landscaping, and retains prior highway/amenity provisions.
Environment Policy 10 - Development and flood risk
Mandates flood risk assessment and mitigation where potential risk exists. JBA assessment and consultee confirmation satisfied requirements without the tank.
Environment Policy 13 - Development and flood risk
Prohibits development causing unacceptable flood risk on/off-site. Modelling showed no adverse impact, with alternative measures ensuring compliance.
Environmental Policy 22
Prevents unacceptable harm from noise, odour, light etc. Retained prior conditions on these, assessed acceptable given operating hours and controls.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Parking and turning areas
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.
Bicycle and motorcycle parking
The development shall not be occupied or operated until the bicycle hoops and motorcycling parking bays have been provided in accordance with the approved plans 010 REV J and shall be retained at all times thereafter.
Footpath link
The development hereby approved shall not be occupied or operated until the "footpath link" and associated access onto the former railway line as shown on drawing 010 REV J has be completed and retained thereafter.
Site signage
The development hereby approved shall not be occupied/operated until the approved details of additional signage within the site as indicated in the Road Safety Audit and also that proposed by the Department of Infrastructure have been carried out as approved under Planning Application 18/00977/B and retained thereafter.
Tree protection during development
No retained tree shall be cut down, uprooted, destroyed, pruned, cut or damaged in any manner during the development phase and thereafter within 5 years from the date of occupation of the building for its permitted use, other than in accordance with the approved plans and particulars. In the event that retained trees become damaged or otherwise defective during the construction phase due to events outside of the applicant's control the Department shall be notified as soon as reasonably practicable and remedial action agreed and implemented.
Tree planting specification
No development shall take place until a technical tree planting specification for 4 large-tree within the centre of the site (as discussed in email chain 17.03.2021) is submitted to and agreed in writing by the Department. This specification shall include: a. plan and section drawings for each tree pit... b. The species... c. An approximate timeline... d. Details of how the trees will be maintained...
KFC opening hours
The Use Classes 1.3 & 1.4, restaurant/drive thru use (KFC unit), hereby approved, shall only be open for use by customers, between the hours of 1100hrs and 2300hrs, 7 days a week.
Starbucks opening hours
The Use Classes 1.3 & 1.4 , restaurant/drive thru use (Starbucks unit), hereby approved, shall only be open for use by customers, between the hours of 0600hrs and 2200hrs, 7 days a week.
Retail unit opening hours
The Use Class 1.1, retail unit (Unit 3), hereby approved, shall only be open for use by customers, between the hours of 0600hrs and 2300hrs Sunday, 7 days a week.
Flood resistance measures
The units shall not be operated until the flood resistance and resilience measures as shown on drawings 140 REV C & 207 have been fully installed and retained thereafter. Further the applicants should produce a flood management and evacuation plan which should be made available to the occupants of each unit.
no objection, seeking repeat of previous conditions on parking, visibility splays etc.
no objection
satisfied the condition can be removed; recent hydraulic modelling shows storage tank not required as flood flows stored above ground with no adverse impact
no objection; measures including reduced hardstanding, soft landscaping, and 200m3 pit satisfactory to reduce discharge to Hills Meadow culvert compared to original flows
Manx Utilities, Douglas Borough Council, and DOI Highways Division all raised no objections to the removal of Condition 14 concerning the flood alleviation storage tank.
Manx Utilities
No Objectionvarious measures have been included within the development proposals... which are deemed satisfactory to MU in reducing the discharge to the Hills Meadow culvert; we have reviewed our proposals relating to surface water discharge and confirm that we will incorporate attenuation measures... trust this is acceptable
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections
Department of Infrastructure (DOI) Highways Division
No ObjectionDo not oppose; We find these to remain in accordance with our previous findings and comments to not oppose this application
Conditions requested: A repeat of some conditions to ensure implementation may be appropriate, such as C16 of 18/00977/B on the provision of visibility splays
