**Document:** Officer Planning Report Recommendation **Application:** 08/00775/B — Conversion from Hairdressing Salon to hot food Takeaway **Decision:** Permitted **Decision Date:** 2008-07-25 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/85279-braddan-4-bathurst-conversion/documents/1235141 --- # Officer Planning Report Recommendation ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] ### Officer's Report #### Site The application site comprises of a vacant retail unit located on the southern side of Bathurst Street. The building contains a separate apartment above the retail unit. The application site is also located within a row of retail units ranging from newsagents to a hot food takeaway. The site is also within an area zoned as predominantly residential in the Douglas Local Plan 1998. ## Proposed Development The application is seeking planning permission to change the use of the existing hairdressing salon to a hot food takeaway. The opening hours will be 5 pm to 11 pm . The number of staff will be 3 in the outlet in addition to 1 delivery person. ### Planning Status And Relevant Policies Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Environment Policy 22 and Community Policy 7 Environment Policy 22 states that "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airbourne pollutants; and iii) vibration, odour, noise or light pollution." Community Policy 7 states that "The design of new development and the extension and refurbishment of existing buildings and development must, as far as reasonably practical, pay due regard to existing best practice so as to help prevent criminal and anti-social behaviour." ### Planning History The following previous applications are considered relevant in the consideration of this application: 07/02316/B - Erection of an extension to rear elevation - granted 27th February 2008 99/00746/B - Extension to hairdressing salon - granted 7th September 1999 91/00920/B - Extension to hairdressing salon - granted. ### Representations Highways Division of the Department of Transport do not object to the application. The occupiers of No. 5 Bathurst Street have objected to the application on the grounds of smell, litter, noise, parking, and safety of school pupil if it opened at midday. The occupiers of No. 11 Grafton Street objects to the application on the grounds that there are enough hot food takeaways within the area, they cause litter, excess traffic and smells. The occupiers of No. 7 Grafton Street object to the application on the grounds that there is already a Chinese takeaway and consider this application to be unacceptable. The Architectural Liaison Officer of the Isle of Man Constabulary recommend that a condition be placed upon any approval granted in respect of the application to the effect that the premises may only operate between the times stated in the application. Standard comments have been received from the Drainage Department of Douglas Corporation and the Isle of Man Fire and Rescue Service ### Assessment The principal issues here are whether the proposed use is acceptable to the locality and whether the use will impact on the residents of Grafton Street. ## LAND USE Ideally, such uses should be located within areas zoned for retail purposes and not within an area zoned as predominantly residential; however, there is no land use policy restriction to prevent hot food takeaways from operating from within a residential area. ## The Amenity Of Neighbours Cooking smells generated by a hot food takeaway can cause material harm to the amenity of those living nearby. But such smells can generally be controlled by the installation and regular maintenance of suitable filtration and extraction equipment and these matters can be required by planning condition. It is considered there is no compelling reason why such equipment can not be installed at the application site and thereafter be maintained in accordance with the manufacturer's instructions so as to safeguard the living conditions of nearby residents. Turning to concerns about litter, it appears to be a trait of modern light the availability of convenience food from hot food takeaways can, and frequently does, lead to a problem of litter; however, there is no evidence to suggest that litter arising from a takeaway use at the site would impact on the amenity of the locality. It is considered that this factor can not be a reason for withholding planning permission. With regard to the risk of "general disturbance" for those living nearby, the application site lies within a row of retail units, which is located within an area zoned as predominantly residential. No. 5 Bathurst Street is currently used by a hot food takeaway. The hours of operation are not clearly marked on the building; however, having speaking to a couple of employees at the adjacent sandwich deli, they indicated that the takeaway opens from 6 pm to 10 pm excluding any opening on a Monday. The applicants are proposing to open from 5 pm to 11 pm . It should be noted that the majority of the buildings surrounding the application site are commercial apart from the residential properties to the rear of the application site. The entrance to the building is on the Bathurst Street elevation and most the comings and going will be onto Bathurst Street. The residential properties which surround this small enclave of commercial properties will still notice vehicles and pedestrian coming and going from the site. It is therefore considered that a condition restricting the opening hours of the premises to 10 pm would be more appropriate than 11 pm . Furthermore, it is considered that the premises should not open on Sundays or Bank Holidays so as not to cause any further disturbance to residents within the locality. ### Highway Safety There is no off street parking associated with the premises. Consequently all customers visiting the premises by car will have to park on the highway. It is acknowledged that there is a possibility of car-borne customers to the premises choosing to park in nearby streets; however, bearing in mind the proximity of the premises to residential properties, it is reasonable to expect that most of the customers would walk to the site. There is no evidence to demonstrate that the proposed development will led to parking problems or an increased risk of accidents within the locality. The residents concerns about increase traffic and parking within the area are duly noted; however, the Highways Division of the Department of Transport have not objected to the proposal. For these reasons, and the absence of any formal objection to the development from the Highways Division of the Department of Transport, it is considered that the proposed use would not detrimental to highway safety in the area. ### Other Matters The notes suggested by consultees are not material planning considerations and for that reason are not attached to the report, as part of the recommendation. ### Recommendation It is recommended that planning permission be granted subject to conditions. ### Party Status The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. The Architectural Liaison Officer of the Isle of Man Constabulary has commented on material planning consideration and as such should be afforded interested party status. The occupiers of No. 7 and 11 Grafton Street have commented on material planning consideration and as such should be afforded interested party status. The comments from the Isle of Man Fire and Rescue Service are not a material consideration and should not be afforded party status in this instance. In summary, 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 Highways Division of the Department of Transport Architectural Liaison Officer of the Isle of Man Constabulary The occupiers of No. 7 and 11 Grafton Street and Nors (CJL) Accordingly the following parties are not afforded interested party status: Isle of Man Fire and Rescue Service ## Recommendation Recommended Decision: Permitted Date of Recommendation: 15.07.2008 ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
0 : 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 hairdressing salon (Use Class 1) to a hotfood takeaway (Use Class Sui Generis) as shown in drawing numbers P01 and P02 Rev A date stamped 23rd April 2008. C 3. The use hereby permitted shall not be open to customers outside 1700-2200 hours on Mondays to Saturdays. The use hereby permitted shall not be open on Sundays and Bank Holidays. C 4. No development shall take place until a scheme for the extraction of cooking fumes, vapours, and odours, which is generally in accordance with the email from McGarrigle and Jackson dated 23rd July, has been submitted to and approved in writing by the Planning Authority and thereafter it shall be installed prior to the first use of the unit as a take-away. C 5. Any scheme submitted in accordance with condition 4 shall include provision for the colour coating of any external ducting installed as part of that scheme. C 6. Any scheme submitted in accordance with condition number 4 and 5 shall be retained for so long as the permitted uses subsists and maintained at all times in accordance with the manufacturer's instructions. I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer) Decision Made : Permitted Date : Signed : Mrs F Mullen Senior Planning Officer --- *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/85279-braddan-4-bathurst-conversion/documents/1235141*