Officer Planning Report Recommendations

Planning Report And Recommendations {{table:202432}} ### Considerations {{table:202426}} ### Written Representations {{table:202427}} ### Consultations {{table:202428}} {{table:202429}} {{table:202430}} {{table:202431}} 12.01.09 - no objection in principle see below.

Officer's Report

The Site

The application site represents the curtilage of 12 &12A Prospect Terrace on the Woodbourne Road in Douglas. The unit in question is one of a number of outlets along Prospect Terrace varying from a Bank to a Chinese to a florists.

The Proposal

This application seeks approval for the change of use from a bakery to a fast food takeaway serving Middle Eastern hot food; all alterations to the unit would be internal.

Planning Status

The application site is located within an area zoned for "Shopping" identified on the Douglas South Local Plan, 1998. Within the adopted Isle of Man Strategic Plan, the following policy is 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."

Planning History

The following planning application should be considered relevant in the assessment and determination of this application: Case PA - 84/00438/C Change of use of delicatessen to bakers - Permitted

Representations

Douglas Corporation has no objection to the proposed application.

The Department of Transport Highways Division do not oppose the development.

Police Architectural Liaison Officer From has concerns regarding the opening times for the proposed outlet and that consideration must also be given to the potential for disturbance, noise and nuisance in what is also a residential area.

Drainage Services of Douglas Corporation has no objection in principle, subject that there are no discharges of fat or other food waste which will affect the performance of the public foul sewerage system will be permitted to enter the foul sewer. It will be the responsibility of the

developer/occupier of the premises to provide satisfactory means of removal and disposal for such waste.

Mr Braidwood MHK has objected to the proposed application. The concerns raised include: already three outlets in area, add to existing litter problem, add to existing car parking problem, operational hours excessive compared to bakery and there would be further noise problems.

Assessment

Given the nature of the proposed development it is therefore appropriate to assess the proposal against the policy identified earlier within the report (i.e. General Policy 2 of Isle of Man Strategic Plan 2007).

The proposed change of use from a bakery to a takeaway outlet is regarded as acceptable as the unit is zoned under Shopping within the Douglas Local Plan so it is in accordance with the Local Plan. The Department of Transport have a view that there would be no adverse traffic problems due to the proposed development. The operational hours would be similar to the other outlets along the terrace and it is regarded that this proposal would be appropriate.

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:

• Douglas Corporation
• The Department of Transport Highways Division
• Police Architectural Liaison Officer

Accordingly the following parties, that made representations, do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

Mr Braidwood MHK

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 02.02.2009

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 from bakery to hot food take-away as shown in the Location Plan and Floor Plan date stamped 24th November 2008.

C 3. This approval relates to the outlet opening from 10.00am to 11.30pm Monday to Sunday only. Handwritten note: "daily" and "Agreed ETC/IB"

I confirm that this decision accords with Government Circular No 56/08 (Delegation of Functions to the Acting Senior Planning Officer), GC 55/08 for Advertisements and 69/08 for Registered Buildings.

Decision Made : Permitted Date: 19/12/05

Signed: [Handwritten signature] Acting Senior Planning Officer