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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 22/01452/B Applicant : Mad Jacks Ltd Proposal : Variation of a Condition 3 of Planning Application 19/00519/B to allow the leisure facility to be open for business only between 1700hrs and 01300hrs on Friday and Saturdays only Site Address : Unit 22 South Quay Industrial Estate Douglas Isle Of Man IM1 5AT

Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 06.01.2023 __

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.

C 2. The leisure facility hereby approved may be open for business only between the hours of 1700 and 0130hrs on Friday and Saturday only.

Reason: To ensure that the hours of operation result in there being sufficient car parking available to serve the development and protection of possible future residential properties.

This application has been recommended for approval for the following reason. It is considered the additional hours raise no significant impact to private or public amenity or to parking provision in the area and therefore is considered acceptable, complying with the relevant policies of the IOMSP.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 22.11.2022. __

Interested Person Status - Additional Persons

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It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

Apartment 1, Hillary Wharf Apartments, South Quay, Douglas are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __

Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE PRINCIPAL PLANNER

1.0 THE SITE 1.1 The application site is Unit 22 on the South Quay in Douglas, which currently occupies a leisure use, facing the Marina with a floor space of approximately 263m2 situated between Swan House at the bottom of Douglas Head Road and 25 South Quay - an industrial unit to be demolished with a car park approved. The building itself is rendered, with rendered recessed apertures. Aside from the front façade, the building is of no notable architectural interest and similar to many older industrial units in the area.

1.2 There is a layby to the front (3 parking spaces), with footpath behind. From this footpath, the building's main entrance is a single access door in a larger timber framed opening at the front, with side and rear single and double doors. The building has one level throughout.

2.0 THE PROPOSAL 2.1 The application seeks approval for the Variation of a Condition 3 of Planning Application 19/00519/B - Condition 3 states - "The leisure facility hereby approved may be open for business only between the hours of 1700 and 2300hrs on any day. Change requested to open from 1700-0130 hrs on any day".

2.2 Currently the hours of operation are between the hours of 1700 and 2300hrs on any day as approved by the original application 19/00519/B. It should be noted that planning application 19/01193/B which following the initial application approved the restaurant use only between the hours of 0730hrs and 2300hrs on any day.

3.0 PLANNING POLICY 3.1 The site is within an area designated under the Area Plan for the East as "Mixed Use - Quayside" and within Proposed Comprehensive Treatment Area 3. The site is not within a Conservation Area. The following policies of the Isle of Man Strategic Plan 2016 are relevant both due to the location of the site and the proposed use.

3.2 Strategic Policy 1 is important to consider as a base for the assessment of this application. "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; (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."

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3.3 Strategic Policy 10 is also relevant: "New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement."

3.4 General Policy 2 (in part) 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: (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; (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; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding."

3.5 The site is partly within an area identified as at risk of coastal flooding at a 0.5% chance in any year (1 in 200 year event). Environment Policy 10 relates to flooding and states:

"Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4."

3.6 Furthermore, Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."

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

3.8 Business Policy 5 is important given the land use designation: "On land zoned for industrial use, permission will be given only for industrial development or for storage and distribution; retailing will not be permitted except where either: (a) the items to be sold could not reasonably be sold from a town centre location because of their size or nature; or (b) the items to be sold are produced on the site and their sale could not reasonably be severed from the overall business; and, in respect of (a) or (b), where it can be demonstrated that the sales would not detract from the vitality and viability of the appropriate town centre shopping area."

3.9 Transport Policy 7: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

3.10 The current standards for leisure development are "1 space per 15 square metres gross floor space."

3.11 Area Plan for the East - CTA Proposal 3 (Treatment Plan) "Development of this area could include either leisure; retail warehouse (bulkygoods); offices and residential uses. The acceptability of the range of uses and their precise location shall be assessed as part of a development brief taking into account accessibility, highway impact,

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design, visual impact and flood mitigation. Provision for a cycle route that could eventually link to the Millennium cycleway shall be included."

4.0 PLANNING HISTORY 4.1 Alterations and conversion of light industrial unit to provide leisure facilities including axe throwing, restaurant, amusements and ancillary spaces - 19/00519/B - APPROVED

5.0 REPRESENTATIONS 5.1 Douglas Borough Council does not object (22.11.2019).

5.2 Highway Services initially made the following comments (02.12.2019):

5.2.1 Following the reduction in hours and days of operation Highway Services comment (22.12.2022); "Highways Development Control notes the amended description on 20 December 2022 and continues to have no opposition to this proposal."

5.3 The owner/occupier of Apartment 1, Hillary Wharf Apartments, South Quay, Douglas supports the application commenting (05.12.2022); "I am a resident of South Quay, and (I think!) the closest resident to the east of the site along South Quay. I have no objection to the additional noise that might be generated from this venue. More importantly, however, I am a person who is seeking to build a life on the Isle of Man and wants our island to grow in terms of social, sporting and economic opportunities. Allowing businesses to provide entertainment at later hours is good for the workers, it is good for the businesses - but most importantly, it is good for the customers! Extending the opening hours will thus benefit the people of Mann, and the future people of Mann, who will be able to benefit from additional entertainment, social, and economic Opportunities."

6.0 ASSESSMENT 6.1 The only consideration to consider is whether the hours of operation for the leisure aspect of the business being extended are acceptable or not. The hours of operation of the leisure use of the building (axe throwing) are currently (1700hrs till 2300hrs). The proposal is to extend from 1700hrs to 0130hrs on any day.

6.2 The site is not near to any residential properties (namely offices and industrial uses) and therefore the proposal would not have any adverse impact upon neighbouring residential amenities. Having said this there was some concern that in the future, if area is redevelopment as sought in the Area Plan for the East, there may be more residential properties in the area, namely at upper floors. However, with no planning approval to any site nearby for such development it is considered difficult to argue this at this time.

6.3 Arguable the main issue relates to parking provision. The site has none, albeit there are three spaces immediately to the front of the site (lay-bys). When the application was originally considered by the Planning Committee the then planning officer did not recommend any conditions restricting the hours of operation. However, Highway Services sought such conditions being attached as there was little parking provision on the site. In this case the public parking spaces along the highway during the additional times between 2300hrs and 0130hrs are unlikely to be in high demand. However, as before the proposal does not necessary accord with Transport Policy 7. That being said, the site is less than 200 metres by foot from the North Quay and Train Station. Parking is not ample for the many cafes and restaurants on the North Quay however the use of taxis, public transport, and public car parks nearby reduce demand. The same availability of public parking and alternative transport would be available to customers of the venue, in accordance with Transport Policy 1. The fact no

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objections have been received from neighbouring properties, would also seem to suggest the amount of traffic/parking requirements by the facility have not caused significant issues.

6.5 The additional hours of the site throughout the evenings and early morning raises no concerns.

7.0 CONCLUSION 7.1 The application is recommended for an approval as it is considered the additional hours raise no significant impacts to private or public amenities or to parking provision in the area and therefore is considered acceptable, complying with the relevant policies of the IOMSP.

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; (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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted

Committee Meeting Date: 16.01.2023

Signed : C BALMER Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note

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