Officer Planning Report

Planning Report And Recommendations {{table:190726}} {{table:190727}} {{table:190728}} {{table:190729}} {{table:190730}} ### Considerations ### Written Representations ### Consultations

Officer's Report

Assessment

The applicant’s had previously applied for planning permission to change the use of No.16 Prospect Terrace into a betting shop (07/01332/B). However, the owner’s of that particular property no longer wishes the property to be converted into a betting shop. The applicant’s have now had to resort to looking for other premises and decided to apply for planning permission to convert the ground floor of No.10 Prospect Terrace into a betting shop.

Business Policy 10 of the Strategic Plan states that “Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5

The proposed use would be located within an area zoned as predominantly shopping in the Douglas Local Plan. This use is readily found in shopping areas. There is currently no other in this row of shops. It would be acceptable in policy terms to allow the ground floor of this property to be changed to a betting shop.

There is a separate flat above the unit and any noise from the unit may transit through to the flat and may become a nuisance. Any noise nuisance would be resolved by sound insulating the ceiling in accordance with the Building Regulations. I therefore consider any impact on the occupiers of the flat above from noise nuisance would be significantly reduced.

Recommendation

I therefore recommend that the planning permission be granted subject to conditions.

Party Status

The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.

Whilst Isle of Man Fire and Rescue Service, the points rose in their correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 11.01.2008

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : 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. This permission relates to the change of use of the existing retail unit into a betting shop as shown in drawing number 07/0317/1 date stamped 5th November 2007.

C 3. Before the first use of the betting shop, the ceilings between the betting shop and the flat above shall be insulated to achieve sound attenuation in accordance with Part E of the Building Regulations 2007.

N 1. The applicant is advised to consult with the Fire Safety Department regarding fire safety matters within the proposal.

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 : 15/11/08

Signed: _________________________ M. I. McCauley Director of Planning and Building Control