Planning Officer Report Recommendations

Application No.: 08/01878/C Applicant: Ian Richard Hemensley Proposal: Change of use from retail to the sale of hot and cold beverages and snacks Site Address: 1A Windsor Road Douglas Isle Of Man IM1 3JX ### Considerations Case Officer: Mr Gary Barr Ian Brooks Photo Taken: 26.11.2008 Site Visit: 26.11.2008 Expected Decision Level: Planning Committee ### Written Representations {{table:202170}} ### Consultations Consultee: Drainage Services Manager Notes: No objection. 08.12.08 - No objection Consultee: Highways Division Notes: Do not oppose Consultee: Douglas Corporation Notes:

Officer's Report

THE SITE The application site represents the curtilage 1A Windsor Road in Douglas. This is currently a vacant two storey building situated at the northern side of Windsor Road adjoining Hemensleys Pharmacy (1

Windsor Road). The site is surrounded by a number of shops on Windsor Road and Prospect Terrace. The application site is within a Conservation Area.

Planning Status

The application site is located within an area of "Predominantly Residential Use" identified on the Douglas South Local Plan, 1998. Within the adopted Isle of Man Strategic Plan, the following policies are considered relevant - General Policy 2 states:

"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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (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;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

Environment Policy 35 is also considered relevant:

"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development".

Planning History

The following previous planning application is considered relevant in the assessment and determination of this application: Case - PA 92/01160/C Change of use to pet shop - Permitted

The Proposal

This application seeks approval for the change of use from retail to the sale of hot and cold beverages and snacks. The proposed site 1A Windsor Road, would be linked to Hemensleys Pharmacy to the East by an 800mm door. The proposal would offer a service to customers the service as they wait for prescription and pharmacist.

Representations

The Douglas Corporation and the Department of Transport Highways Division have no objection to the proposal.

Standard comments have been received from the Drainage Department of Douglas Corporation.

The residents of the following properties have objected to the application:

Flat 1, 6 Windsor Road 6 Windsor Road 19 Windsor Road 21 Windsor Road 24 Windsor Road Windsor Road Post Office

3 Richmond Grove 5 Richmond Grove 7 Richmond Grove 12 Richmond Grove 18 Richmond Grove

3 Dalton Street 15 Dalton Street 3 Sydney Street 9 Sydney Street 6 Spring Gardens 4 Prospect Terrace 5 Auckland Grove Audrey Brown

The reasons which were submitted against the application were:

1. There are already too many outlets in the area.
2. The accompanying litter of paper and food it causes.
3. It would encourage further gatherings of youngsters in the area.
4. The smell that permeates the area and houses.
5. No parking for customers.
6. More food litter encourages more vermin to area.
7. More food litter encourages shrieking seagulls to area.
8. Fast food encourages people to eat in their cars, as there are few parking spaces in the area it would directly deter other shoppers to non fast food shops as they could not park to do their shopping.
9. Litter blown on to properties on daily basis.

Janet Busby of 4 Richmond Grove, Douglas has objected to the proposal on behalf of all the signatories and raises the following points:

1. PA 02/00796/C and PA 04/01059/C have been refused in the past (change of use cases within vicinity);
2. The coffee shop would be leased and not owned by the pharmacy which may set a precedent for future use of the premises (fear of shop becoming kebab shop for example, which previously other businesses had a "hot food" licence prior to them being setting up);
3. Change of use stands good for future development should Mr Hemensley (Pharmacy owner) relinquish the lease the implications for future use of property are of concern;
4. Over burdened with food outlets and litter they cause.

P. W. Howard of 3 Windsor Road, The Convenience Shopping Centre has objected to this proposed application which states:

1. The area is already well served with take away food outlets;

1. Customers who eat in, who have driven would stay parked longer within the area. Parking is at a premium with the applicant not providing additional parking;
2. Change of use could in the future lead to disturbance of local residents because of increase traffic, noise and litter;
3. Other chemists do not require waiting rooms serving refreshments and if granted this could be expanded for other café or take away business in the future.

Mr P. Braidwook MHK, Douglas East has objected to the proposed application and has stated:

1. The premises may be leased for 10 years but fears that approval now may in the future alter existing plans for expansion of the Pharmacy. This may result in the lease to another individual who may extend the opening hours;
2. May exacerbate the current situation which neighbouring shops and houses already experience (large amounts of litter from fast food outlets, which gathers in their yards and gardens on a daily basis);
3. Referred to opposition to PA 04/01059/C which was refused and has similarities with current application;
4. Parking is currently an issue of concern and with the introduction of a café would inevitably deteriorate the situation.

Assessment

The application site is located within an area of residential use identified under Douglas Central Local Plan, 1998. Given the nature of the proposed development it is therefore appropriate to assess the proposal against the policies identified earlier within the report (i.e. General Policy 2 and Environment Policy 35 of Isle of Man Strategic Plan 2007) and against the concerns raised by the objectors. In the evaluation of the proposed application, it is appropriate to address the issues of concern:

1. If approved the coffee shop could be used as a fast food outlet; encourages people to eat in their cars; too many outlets already in the area; concerns over future use of property; deters other shoppers from their shopping;
2. The accompanying litter of paper and food it causes; which encourages more vermin to area; which encourages shrieking seagulls to area; with litter blown on to properties on daily basis;
3. It would encourage further gatherings of youngsters in the area;
4. The smell that permeates the area and houses;
5. PA 02/00796/C and PA 04/01059/C have been refused in the past (change of use cases within vicinity);
6. No parking for costumers and residents; customers who eat in who have driven would stay parked longer as parking is at a premium already; the applicant not providing additional parking;

Fast Food Outlet / Too Many Outlets in Area / Future Use

The proposed use is for a café, which falls within Class 3, Schedule 4 of the Town & Country Planning (Permitted Development) Order 2005. The class is defined as follows:

"Use for the sale of food or drink for consumption on the premises or of hot food for consumption on the premises (including the use as a restaurant, café, wine bar or public house)."

The concern of an additional takeaway outlet in the area is not feasible under this current application, as a takeaway use does not fall within the above use class. If a takeaway were to open in the future it would not be able to until an application has been submitted and approved for the change of use to a takeaway.

The development is situated within a predominately residential area but adjoining are numerous shops on both sides of Windsor Road and adjacent to the site on Prospect Terrace (which is zoned for

shopping). The area has had a history of changes of use; as such it will be in-keeping with its surroundings. At the moment there is one café within the vicinity which does not constitute as having too many outlets already in the area.

Litter / Smell

Litter from the application site would be very minimal as food sold would be served and consumed within the premises. The site would not be a take away outlet, as such; food and food litter and other problems these outlets pose would not occur with these premises. As a result there would not be any additional litter so as to attract vermin / seagulls or to blow into surrounding properties.

The café would not serve hot meals on the premises and as a result there will be no noise or smell permeating the area or the adjacent / neighbouring properties.

Encourage Youngsters to Gather in Area

The proposed application would be aimed mainly to the current customers and the elderly. The opening times for the premises would be the same as the Pharmacy next door, which would be 8.30am – 6pm Monday to Friday and 9am – 5pm Saturday. As the opening hours are normal working hours and as there would be no hot food or take away service, this would reduce the likelihood for youths to gather around the shop to the detriment of local residents.

Previous refused Planning Applications within vicinity - PA 02/00796/C and PA 04/01059/C

Both previous applications were for change of use to a take away outlet (not for a coffee shop), which brings with it a variety of different problems. As the current application would not increase hot food outlets in the area, it would not pollute the air, or cause noise at night by youngsters etc, it is felt that the issues being addressed in this report are sufficient, as they cover the same concerns.

Car Parking in Area

The Department of Transport Highways Division have accessed the application and have no problem with the proposal. It is regarded that any use of this property either now or in the future may cause parking problems for residents or for other shoppers in the area. As a result the car parking concerns will always be an issue for this area but does not hold enough substance to warrant a refusal for this development.

Recommendation

For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted.

Party Status

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

The Department of Transport Highways Division Douglas Corporation 3 Windsor Road Flat 1, 6 Windsor Road 6 Windsor Road 4 Prospect Terrace

Accordingly the following parties are not granted Interested Party Status due to the distance they live from the proposed site:

19 Windsor Road 21 Windsor Road 24 Windsor Road Windsor Road Post Office 3 Richmond Grove

4 Richmond Grove 5 Richmond Grove 7 Richmond Grove 12 Richmond Grove 18 Richmond Grove 3 Dalton Street 15 Dalton Street 3 Sydney Street 9 Sydney Street 6 Spring Gardens 5 Auckland Grove Audrey Brown Mr P. Braidwook MHK, Douglas East

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 18.12.2008

Conditions and Notes for Approval / Reasons and Notes for Refusal

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. This permission relates to the change of use from retail to the sale of hot and cold beverages and snacks (falling within Class 3 of Schedule 4 to the Town and Country Planning (Permitted Development) Order 2005) as shown in the location plan and floor plan date stamped 2nd October, 2008.

C 3. The premises shall not be open to customers outside the hours of 0830 to 1800 daily on Mondays to Fridays and 0900 to 1700 on Saturdays.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005

Decision Made: Granted Committee Meeting Date: 30/1/09

Signed: I. Brophie Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate