**Document:** DEC Officer Report **Application:** 19/00293/B — Installation of flue on rear elevation and change of use from bank (Class 2) to take out restaurant (Class 3) **Decision:** Permitted **Decision Date:** 2019-06-06 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/29421-braddan-4-prospect-terrace-woodbourne-road-chimney/documents/1045144 --- # DEC Officer Report **Application No.:** 19/00293/B **Applicant:** Mr Vladimir Stefanov **Proposal:** Installation of flue on rear elevation and change of use from bank (Class 2) to take out restaurant (Class 3) **Site Address:** 4 Prospect Terrace Woodbourne Road Douglas Isle Of Man IM1 3AL **Planning Officer:** Mr Owen Gore **Expected Decision Level:** Officer Delegation **Recommended Decision:** Permitted **Date of Recommendation:** 05.06.2019 _________________________________________________________________ ## 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. Plans/Drawings/Information; This planning permission relates to the following plans and documents: Drawing No.5/62/11 - Existing and Proposed Plans and Elevations Site Plan Location Plan Contra-foil Extraction Fan Details Vertical Discharge Cowl Details Date-stamped as having been received 11 March 2019 _______________________________________________________________ ### Interested Person Status – Additional Persons None _____________________________________________________________________________ ## - 1.0 SITE ## Officer’s Report 1.1 The application site is a former bank on Prospect terrace on Woodbourne Road, opposite Rosemount Hotel pub. The property is the second property in the row of shops between Windsor Road and Sydney Street. - 1.2 The application site is within a shopping area on the edge of the town centre, as shown in the Douglas Local Plan and is within the Woodbourne Road Conservation Area. 2.0 PROPOSAL - 2.1 The proposal is for the change of use of the premises from a bank (Class 2) to take out restaurant (Class 3); the proposed restaurant also requires the installation of three external flues on rear elevation. 3.0 PLANNING POLICY Local Area Plan - Douglas Local Plan 1998 Site Designation - 'Predominantly Shopping Use' The following policies are particularly relevant to this proposal:- Isle of Man Strategic Plan 2016 General Policy 2 (GP2) - Development within land-use zones; Environment Policy 35 (EP35) - Development within Conservation Areas; Environment Policy 22 (EP22) - Impacts to amenity of nearby properties. 4.0 PLANNING HISTORY The previous planning applications are not considered to be specifically material in the assessment of the current application. - 5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. Douglas Borough Council - o No Objection (dated 05 April 2019) Department of Infrastructure (DOI) Highways Division - o No comments provided at the time of writing Neighbours' views - o No comments received ## - 6.0 ASSESSMENT 6.1 The application site is within an area of Predominantly Shopping Use and although it itself is not a shop, it is a town centre use within an area of established commerce; there are several units within this row that currently operate as take-away premises and/or restaurants. Character and appearance - 6.2 There are no alterations to the external appearance as viewed from Woodbourne Road, excluding some advertisements which are to be dealt with under the advert consent Ref: 19/00294/D. The proposal would not unacceptably harm the characteristics of the existing building and it would preserve the character of Conservation Area. In this respect, the proposal complies with GP2 and EP35. Impact on neighbours - 6.3 The proposed restaurant requires the installation of three external flues on rear elevation. Two flues will act as chimneys to the two pizza ovens and an additional flue will serve the overhead extractor canopy within the kitchen. Environment Policy 22 prohibits development that will unacceptably harm the environment and/or the amenity of nearby properties in terms of emissions of airborne pollutants; and vibration, odour, noise or light pollution. 6.4 All of the flues will discharge above the eaves level of the rear property. Details of the fans that form the extraction units have been submitted to demonstrate the kitchen extract system for approval. The Department does not currently have a specialist consultee to review noise data; however the details indicate that it is modern equipment and subject to installation to the manufacture's specification, it should be relatively low impact. - 6.5 The proposed development would not result in a significant adverse impact upon the living conditions of neighbouring residents. In this respect, the proposal complies with GP2. Parking and highway safety - 6.6 The application site is within a shopping area on the edge of the town centre as shown in the Douglas Local Plan. There is no parking provision for the proposed use; the previous use was a bank which also did not include any parking on-site. Although on-site parking provision will fall below the standards set out in the Appendix 7 - Parking Standards, the highway conditions in the area are such that there will be no adverse impact on highway safety as a result of approving this proposal. The proposal therefore complies with GP2. ## - 7.0 CONCLUSION 7.1 The proposal is considered acceptable in accordance with the designation within the Local Area Plan and the appropriate policies within the Isle of Man Strategic Plan 2016. - 8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: - (a) The applicant, or if there is one, the applicant's agent; - (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; - (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material - (d) Highway Services Division of Department of Infrastructure and - (e) The local authority in whose district the land the subject of the application is situated. 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 in Article 6(4) who should be given Interested Person Status. I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation. Decision Made : Permitted Date : 05.06.2019 Determining officer Signed : S BUTLER Stephen Butler Head of Development Management ## 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. --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/29421-braddan-4-prospect-terrace-woodbourne-road-chimney/documents/1045144*