80367

==== PAGE 1 ====

                                      22/01312/C                                     Page  1  of  5

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 22/01312/C Applicant : DEBS Ltd Proposal : Change of use of the ground floor and first floor rear annex from Class 1.1 to Class 1.3 Site Address : 17 Castle Street Douglas Isle Of Man IM1 2EX

Principal Planner: Mr Chris Balmer Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 28.11.2022 __

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.

This application has been recommended for approval for the following reason. For the reasons outlined within this report it is considered that the planning application is in accordance with the relevant policies of the Isle of Man Strategic Plan 2016 and The Area Plan for the East 2020

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 28.10.2022 __

Interested Person Status - Additional Persons

None __

Officer’s Report

1.0 THE SITE

==== PAGE 2 ====

                                      22/01312/C                                     Page  2  of  5

1.1 The application site is within the curtilage of 17 Castle Street, Douglas, which is a four storey property situated to the South East of Market Street, to the West of the main high street.

2.0 THE PROPOSAL 2.1 The application seeks full approval for the change of use of the ground floor and first floor rear annex from Class 1.1 (retail) to Class 1.3 (Food and Drink).

2.2 Bin storage is to the rear of the building which is accesses via Market Street again to the rear.

2.3 The applicants comment; "We are proposing very little changes to the premises with the exception of the addition of new fixed seating and bar and small internal store.

The premises is designed to accommodate 32 seating and 8 standing.

Due to the location of the existing structural column it was felt that the corner by the window was too narrow to be usable and could not be seen from the bar, so in order to prevent any unwanted activity taking place out of sight it was felt that creating a store would be the best use of the space.

After discussions and agreement with Douglas Borough Council, the additional bins required for the business will be stored to the rear of the property as currently used. The size and quantity are still to be confirmed by DBC but there is ample space for storage. It is anticipated that we will require space for at least 4 different recycling bins (glass, metal, plastic and paper) and 2 general refuge bins for the public house and a separate general refuge bin for the Landlord's apartment. The bins shown on the proposed plan are for reference and will be adjusted in size depending on the business's requirements and those of Douglas Borough Council. The additional bins may result in the loss of the parking space but as the site is adjacent to a multi- story car park this will not be an issue.

The existing building currently has a disabled toilet but no means for wheelchair access to it. Creating a permanent access ramp to allow for disabled access for patrons was investigated but the height difference between the two halves of the bar prevented a compliant ramp being created. The client is looking to have a removable ramp that would allow to wheelchair users to be assisted in traversing from one level to another. The ramp would be placed in storage when not in use to prevent it being a trip hazard."

3.0 PLANNING HISTORY 3.1 The previous planning application is considered relevant in the determination of this application: 3.2 Alterations including replacement roof tiles, staircase, creation of window for existing doorway and removal of flue to ground and first floor rear elevation and extension - 22/00316/B - APPROVED

4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area designated as "Mixed Use Proposals Areas - Strand Street" and "Proposed Comprehensive Treatment Areas - 2" use under the Area plan for the East. The site is not within a Conservation Area.

4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant:

4.3 Strategic Policy 1 states: "Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under- used land and buildings, and re-using scarce indigenous building materials;

==== PAGE 3 ====

                                      22/01312/C                                     Page  3  of  5

(b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services."

4.4 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."

4.5 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

4.6 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."

4.7 Business Policy 9 states: "The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1)."

4.9 Business Policy 10 states: "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."

4.10 The Area Plan for the East (2020) includes;

4.11 CTA Proposal 2 - Market Street (Treatment Plan) states; "Development of this area for retail and ancillary uses would be appropriate. Any development should be carried out in accordance with an improvement scheme involving land and property owners and Government and should include highway improvements, both pedestrian and vehicular. Public parking should continue to be provided in the form of a multi-storey, however continuation of surface level car parking is not seen as appropriate."

==== PAGE 4 ====

                                      22/01312/C                                     Page  4  of  5

4.12 Town Centre - Mixed Use Proposal 3 states; "There will be a presumption in favour of retail and ancillary town centre uses such as food and drink and health and beauty uses along the primary shopping frontage. Outside of the primary shopping frontage a wider variety of town centre uses including financial and professional services open to visiting members of the public will also be acceptable. Entertainment venues, Offices and residential use will be acceptable at first floor level and above, but not at ground floor level where an active frontage should be maintained and enhanced. These active frontages are essential to sustain an attractive town centre."

5.0 CONSULTATIONS 5.1 Highway Services comment (11.11.2022); " After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider the installing cycle parking and an electric vehicle charging point."

6.0 ASSESSMENT 6.1 The following issues are relevant in the determination of this application; (a) principle of developing the site from retail (Class 1) to food & drink (Class 3); (b) parking provision; (c) potential impact upon neighbouring amenities; and (d) visual impact upon the street scene.

PRINCIPLE OF DEVELOPING THE SITE 6.2 As stated earlier in this report, the application site is located within a wider area of land that is designated as mixed use under the Area Plan for the East. Given that the use of the ground floor of the proposal would be for food & drink use, then this aspect is considered to meets the land use designation and/or is a use which you would also find in such areas i.e. restaurants/cafe. The proposal would meet the aims of the Mixed Use Proposal 3.

PARKING PROVISION 6.3 The proposed could provide a single parking space to the rear (as existing); albeit with the required bin storage this would be made more difficult. However, with no objection form Highway Services and as the site is within a town centre location and near to a number of public parking spaces it is considered acceptable.

POTENTIAL IMPACT UPON NEIGHBOURING AMENITIES 6.4 There are no significant alterations to the building in terms of external alterations. It is not considered any of the uses proposed would have an impact upon neighbouring properties.

VISUAL IMPACT UPON THE STREET SCENE/ADJACENT CONSERVATION AREA 6.9 No external alteration are proposed and therefore it is not considered there is any impacts in this respect.

7.0 CONCLUSION 7.1 For the reasons outlined within this report it is considered that the planning application is in accordance with the relevant policies of the Isle of Man Strategic Plan 2016 and The Area Plan for the East2020 and it is therefore recommended that the planning application be approved.

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;

==== PAGE 5 ====

                                      22/01312/C                                     Page  5  of  5

(e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land 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 can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted

Date: 02.12.2022

Determining officer

Signed : J SINGLETON

Jason Singleton

Principal Planner

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.