**Document:** DEC Officers Report **Application:** 14/00955/B — Erection of extension to and conversion of takeaway and living accommodation to a restaurant with associated storage **Decision:** Permitted **Decision Date:** 2014-09-12 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/35185-braddan-35-castle-conversion-extension/documents/1091255 --- # DEC Officers Report ### Officer's Report [Table omitted in markdown export] #### The Site 1.1 The site is 35, Castle Street which lies between Market Street, Castle Street and Frederick Street. It sits alongside number 37 which has Senna Road to its north. The building has a frontage to Castle Street which is three storeys which is linked via a single storey element to a longer three storey section to the rear. The adjacent building is more modern and finished in yellow brown bricks. 1.2 The ground floor of the application building is used as a hot food take away with associated storage and kitchen areas. Above this are two separate areas of bedrooms and toilets - at the front there are three bedrooms and at the rear there are five and a living room. The front and rear are separate and have separate accesses from Frederick Street. #### The Proposal 2.1 Proposed is the use of all of the second floor as storage, use of the first floor partly as a restaurant and to the rear as storage and the ground floor as a restaurant with associated kitchen and storage. There is no proposal to have a take away facility (see question 12b which describes the proposed use of the site as Chinese restaurant with storage) although the applicant has confirmed that some take away meals may be served. 2.2 The building will be changed externally. One of the existing pedestrian doors onto Castle Street, alongside number 37 will be blocked up and the main restaurant access provided from the corner of Frederick Street and Castle Street which currently exists. The section between the front and rear sections will be filled in on the first and second floors and new vertically proportioned windows introduced to match those existing on this elevation. 2.3 The frontage to Castle Street will have the large shop front replaced by three identical sliding sash "style" windows. 2.4 The existing flue will be repositioned towards the junction with 37, Castle Street and taken up to the full height of the building (it is presently single storey). The applicant is happy to accept hours of operation restrictions to 1200hrs to 1430 hrs and 1730hrs to 0000hrs. #### Planning Status 3.1 The site lies within an area designated as Predominantly Shopping on the Douglas Local Plan of 1998. 3.2 The proposed change is considered to be in accordance with that designation. As such the principles of General Policy 2 are applicable, namely those sections which require that development does not have any adverse impact on the streetscene and character of the area or the amenities of those living nearby. In this respect it is relevant that when the adjacent building was approved at number 37, it was for offices and storage with no residential accommodation. No applications have been submitted since which change that use. ## Planning History 4.1 The site, and that alongside have been the subject of a number of applications, some of which are relevant to the consideration of the current application. The application site has been the subject of applications for the replacement of windows and doors (PA 93/01294/B). The adjacent property, number 37 has been the subject of a number of applications, one of which, PA 01/01669/B is relevant in that this was the application for the redevelopment of that building to a shop, offices and storage (see 3.2 above). None of the other applications for this property are relevant to the consideration of the current application for the adjacent building. ### Representations 5.1 Department of Environment, Food and Agriculture Environmental Health indicates that the proposal must comply with various legislation. 5.2 Department of Infrastructure Highway Services indicate that the application is not opposed. ### Assessment 6.1 The proposals are not likely to intensify the use - rather the contrary in that persons visiting a take away tend to be on the premises for a shorter period and in greater numbers than those who sit in to eat their meal. Whilst there may be a small element of take away meals served, this is not likely to be a material change in the use as a restaurant and in any case will be significantly less than the present operation. 6.2 The physical changes to the building are not considered to be significant or detrimental to the building or to the relationship with the operations in the adjacent buildings. Whilst the flue is to be relocated, it will be the full height of the building and as such is less likely to cause any smell nuisance. If there is any such nuisance, there is provision within the Public Health Act 1990 to ensure that this is not detrimental to the amenities of those in adjacent buildings but it is relevant that none of these uses are residential. 6.3 The proposed physical changes include changes to the frontage which will be particularly beneficial to the streetscene. The use will not significantly or adversely alter the impact of the property on the town centre and as such the application is recommended for approval. ### Party Status 7.1 The local authority is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. 7.2 Department of Infrastructure Highway Services is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d. 7.3 DEFA does not raise material planning concerns and as such should not be afforded interested person status. ## 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 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. C 2. The premises may be operational only between 1200hrs and 0000hrs on any day. REASON: to ensure that the operation of the premises is not detrimental to public amenities. This approval relates to NHK/100/2, NHK/100/3 and 06/1631/7b all received on 8th August, 2014. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer. Decision Made: Permitted Date: 9/9/14 ## Determining officer (delete as appropriate) Signed: _________________________ Chris Balmer Senior Planning Officer Signed: _________________________ Michael Gallagher Director of Planning and Building Control Signed: _________________________ Jennifer Chance Head of Development Management . --- *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/35185-braddan-35-castle-conversion-extension/documents/1091255*