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The application site comprises the curtilage of a commercial property located within Elmtree House on Main Road in Onchan.
The proposed development comprises of the change of use of the property to a café/restaurant with hot food takeaway and the installation of an associated external extraction flue.
There are no previous planning applications that are considered to be material to the assessment of this current planning application.
Onchan District Commissioners recommend that the planning application be approved.
The Department of Transport Highways Division do not oppose the planning application.
The Disability Access Office recommends that the needs of disabled access be taken into account.
The Isle of Man Fire and Rescue Service recommend that the applicant discuss the provision of appropriate fire precaution measures with them.
The Isle of Man Constabulary's Architectural Liaison Officer request that opening hours be the subject of condition in the event of planning approval being granted.
The Isle of Man Water Authority requests that an informative note be attached to any approval decision notice.
In terms of land use designation the application site is within an area designated as mixed use (residential/office/retail) under the Onchan Local Plan. There are no policies within Planning Circular 1/2000, which constitutes the written statement to be read in conjunction with the local plan, that are considered specifically material to the assessment of this current planning application.
In terms of strategic plan policy, although the Isle of Man Strategic Plan contains policies identifying general planning considerations that are applicable to the assessment of a planning application it is considered that there are no specific policies within the plan that are material to the assessment of this current planning application.
The main considerations in the assessment of the proposed development are the suitability of the property for the proposed use, the effect of the use on the surrounding area and the visual appearance of the external extraction flue. The application was the subject of on-site pre-application discussion.
In terms of the suitability of the property for the proposed use it can be seen that the site is within the established retail centre of Onchan. The use of the property, which is currently vacant, is in keeping with that and the land use designation under the Onchan Local Plan.
In terms of the effect of the use on the surrounding area it can be seen that the site is sufficient distance away from residential property so as not to cause undue impact. It is therefore considered that any noise or smell nuisance generated by the use will be unlikely to cause any problems.
In terms of the visual appearance of the external extraction flue its position in a narrow alleyway that is not a thoroughfare means that it is not particularly visible.
Overall, it is concluded that the property is well suited to the proposed use and that the extraction flue associated to that use has a suitably limited impact. It is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
Recommended Decision: Permitted Date of Recommendation: 08.11.2007
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
C 3. This approval relates to the location plan and drawing no. IMJ/0121/001 date stamped the 11th September 2007.
C 4. The use hereby permitted by this approval may only be open to customers between the hours of 9:00am and 10:00pm (inclusive) in any one day.
N 1. The applicant/developer is recommended to contact the Isle of Man Fire and Rescue Service to discuss the provision of appropriate fire precaution measures.
N 2. The applicant/developer is recommended to contact the Isle of Man Water Authority to discuss the provision or change of any water supply.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made: Permitted Date: 08.11.2007
Signed: M. I. McCauley Director of Planning and Building Control
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