60008

==== PAGE 1 ====

                                      21/01101/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 21/01101/B Applicant : Manx Local Butchers Limited Proposal : Additional use of butchers shop (class 1.1) to include hot food sales (class 1.4) and installation of an external intake grill and ventilation flue Site Address : Unit 30D Alder Road Douglas Isle Of Man IM2 1EH

Planning Officer: Mr Peiran Shen Photo Taken :

Site Visit :

Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 22.11.2021 __

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

C 2. No customers shall be served or remain in the building outside the following hours;

Monday to Saturdays 0800hrs till 2200hrs

Sundays and bank Holidays 1100hrs till 2200hrs

Reason: In the interests of the residential amenity of the area and as the application has specifically listed these times and the application have been considered on this basis.

N 1. The correct installation of a flue and relevant filtration system are controlled respectively by building control and environmental health.

This application has been recommended for approval for the following reason. This proposal is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan. Therefore, it is recommended for an approval.

Plans/Drawings/Information;

==== PAGE 2 ====

                                      21/01101/B                                     Page  2  of  4

This approval is related to the documents and drawing no. 1, 2, 3, 4 as having been received on the 16th September 2021. __

Interested Person Status - Additional Persons

None __

Officer’s Report

THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE SEEN AS A DEPARTURE FROM THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL

1.0 THE SITE 1.1 The application site is 30D Alder Road, Douglas, a two-storey end-of-terrace mixed-use building located on the north of the west end of Alder Road, where it intersects with Pulrose Road. This row of terrace, along with a detached two-storey building, has shops on the ground floor and flats on the first floor. The entrance to the flats is at the rear of the building. There is a small car park at the front of the shops.

2.0 THE PROPOSAL 2.1 The planning application seeks approval for the additional use of the ground floor butcher shop (class 1.1) as a fast food takeaway (Class 1.3). The proposal also includes the installation of flue on the west elevation.

3.0 PLANNING HISTORY 3.1 There are no previous applications considered materially relevant to this application.

4.0 PLANNING POLICY 4.1 In terms of the local plan, the site is within an area designated as Predominantly Residential in the Area Plan for the East.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:

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: (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (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; (j) can be provided with all necessary services."

4.4 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7."

==== PAGE 3 ====

                                      21/01101/B                                     Page  3  of  4

4.5 Environment Policy 22: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."

4.6 Appendix 7.6 states neighbourhood shops should have space for staff, customers, and services vehicles.

5.0 REPRESENTATION 5.1 Douglas Borough Council supports this application (03/11/2021).

5.2 DoI Highway Services do no oppose this application (30/09/2021). They comment there is no significant negative impact upon highway safety, network efficiency and/or parking.

6.0 ASSESSMENT 6.1 There are two major elements in this application, the additional use as a fast food takeaway and the installation of a flue for commercial use. First is to assess the additional use first, this include the principle of the development, its impact on the amenities of neighbouring properties and on parking provision. Secondary is to assess the impact of flue, this include its impact on the character and street scene of the area and on neighbouring amenities.

Principle of the Development 6.2 The site is located in an existing neighbourhood shop cluster in Pulrose and there is not increase in size of the property. This continued non-residential within this unit while not fitting completely with the "predominantly residential" land use designation; does fit with the approved use of this building and neighbouring buildings which where approved as "neighbourhood shops" i.e. non- residential.

Neighbouring Amenities 6.3 Douglas Borough Council did not object to bin storage. The impact of the flue will be assessed later in this report.

Parking 6.4 Although there is no specific parking to be allocated for this development, there is an existing car park serving the five commercial properties. In addition, since Highway Services have confirmed that they have no objection, the impact on parking is considered acceptable.

Flue - Visual Impact 6.5 The flue looks similar to a domestic flue and its size is unlikely to stand out from the surroundings. It is unlikely to have any adverse impact on the character of the surroundings.

Flue - Impact on Neighbouring Amenities 6.6 The operation of restaurant and takeaways can lead to a concentration of odour around the site. Although some smell may be pleasant at first, constant exposure is considered a distraction at people's work and life. This impact is more obvious when the development is close to residential development. In this application, there are flats directly above the site.

6.7 However, a flue with correct installation and proper filtration system can reduce such impact to a minimum. These aspects of the proposed flue are controlled respectively by Building Control and Environmental Health, and planning conditions cannot be attached for their enforcement since they are both under the authorities of other Departments.

6.8 All these being said, the assessment here should be made under the assumption that all building control and environmental health regulations are followed, as a fundamental assumption for all planning application is that the application has the true intention when submitting their applications, unless there are clear evidence stating otherwise.

==== PAGE 4 ====

                                      21/01101/B                                     Page  4  of  4

6.9 In this application, it is considered that there is no evidence of malicious intent from the application. Therefore, it is considered that the impact on the neighbouring properties will be reduced to a minimum and is therefore acceptable.

7.0 CONCLUSION 7.1 This proposal is considered to comply with General Policy 2, Environment Policy 22 and Transport Policy 7 of the Strategic Plan. Therefore, it is recommended for an approval.

8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land which the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision-maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status. __

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted

Committee Meeting Date: 29.11.2021

Signed : S BUTLER Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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.