**Document:** Planning Officer Report Recommendations **Application:** 12/01299/B — Conversion of existing shop into a hot food take-away premises and installation of replacement extractor flue **Decision:** Permitted **Decision Date:** 2012-10-25 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/3403-braddan-4-victoria-replacement-conversion/documents/1279752 --- # Planning Officer Report Recommendations ## Planning Officer Report And Recommendations [Table omitted in markdown export] ### Officer's Report #### The Application Site 1. The application site comprises a commercial unit located on the southern side of Victoria Road, close to the junction of Victoria Road, Ballaquayle Road, Glen Falcon Road and Broadway, in Douglas. The unit, which is currently vacant but last understood to be used as sweet shop, is situated between a hairdressing salon (closed?) and a Chinese takeaway. #### The Proposal 2. The proposal comprises the conversion of the unit into a hot food takeaway, including the installation of a replacement extractor flue to the rear of the unit. 3. The applicant has clarified that the proposed opening hours of the takeaway would be 08:00 to 20:00 Tuesday through Saturday (inclusive), with the premises being closed on Sunday and Monday. #### Planning History 4. The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application. #### Planning Policy 5. In terms of land use designation the application site is located within a wider area of land that is designated as predominantly residential use under the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998. 6. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. 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." ### Representations 7. Douglas Borough Council has no objections to the planning application. 8. The Department of Infrastructure Highways Division do not oppose the planning application. 9. The Isle of Man Constabulary expresses an interest in the planning application. They highlight the potential of hot food takeaways to create 'honey pot' situations for anti-social behaviour. They recommend that if approved the opening hours should be controlled. They suggest that the business may not operate between 0030hrs and 0700hrs Monday to Friday, and between 0300hrs and 0700hrs on Saturday and Sunday. 10. The owner and/or occupant of Home Run Pizza, which is located on Broadway, objects to the planning application. The grounds for their objection can be summarised as concern over the location of the unit on a busy junction with a lack of parking provision, potential difficulties with deliveries to the unit, the safety of users given the narrow width of the pavement in front of the unit, the adequacy over the means of escape from the unit, and the adequacy of waste disposal for and from the unit. 11. The owner and/or occupant of 6 Victoria Road, which is the hairdressing salon located directly adjacent to the application site, objects to the planning application. The grounds for their objection can be summarised as concern over the adequacy of means of escape from the unit, the potential problems arising from the lack of bins within the surrounding area, and the potential smell nuisance arising from the proposed use. ### Assessment 12. The starting point for assessing a planning application is generally the land use designation under the relevant local plan. In this instance, as stated earlier, the application site is located within a wider area of land that is designated as predominantly residential. However, as can be seen on site the application site is actually within a row of commercial properties that extends from Victoria Road down into Broadway. The land use designation within the local plan is not truly accurate of the situation on the ground in this instance. The proposed use of the unit as a hot food takeaway would not be out of keeping with those commercial properties. The larger neighbouring unit is an existing Chinese takeaway and a pizza takeaway shop is situated three units around the corner on Broadway. As such, it is considered that the principle of a hot food takeaway operating from the unit is acceptable. Whilst there are residential properties within the surrounding area the unit is not directly adjoining these. Up to date extraction systems should prevent undue nuisance from odour and the proposed hours of operation are not unduly anti-social for the surrounding area. 13. The proposed extractor flue replaces an existing extractor flue. The new flue would be positioned to the rear of the unit in the same position as the existing flue but is 1 metre taller than existing. The visual impact of this flue on the surrounding street scene is considered to be acceptable given the general appearance of the area and backdrop within which it would be seen. 14. Other issues raised within representations such as means of escape and waste disposal are not considered to be material planning considerations as these are matters covered by other legislation and for the operator to satisfy for themselves. ### Recommendation 15. It is recommended that the planning application be approved. 16. In terms of conditions it is considered appropriate to impose an opening hours condition. The applicant has stated that the proposed opening hours of the takeaway would be 08:00 to 20:00 Tuesday through Saturday (inclusive), with the premises being closed on Sunday and Monday. These general hours are fine but there is no sound planning reasons to also restrict opening on Sunday and Monday. ### Party Status 17. It is considered that the following parties that made representations to the planning application should be afforded interested party status: - Douglas Borough Council; - The Isle of Man Constabulary; and - The owner and/or occupant of 6 Victoria Road (adjoining landowner). 18. It is considered that the following parties that made representations to the planning application should not be afforded interested party status: - The Department of Infrastructure Highways Division; and - The owner and/or occupant of Home Run Pizza (too distant from application site to merit interested part status). ### Recommendation Recommended Decision: Permitted Date of Recommendation: 22.10.2012 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals C 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time. C 2. This approval relates to the location plan, extractor flue specification and drawing no.s PL/10-01, PL/10-02 and PL/10-03 date stamped the 20th September 2012. C 3. The opening hours of the hot food takeaway shall be between 8.00am to 8.00pm only on any one day. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. Decision Made : Permitted Date : 24.10.12 ### Determining officer (delete as appropriate) Signed : ... Anthony Holmes Senior Planning Officer Signed : ... Michael Gallagher Director of Planning and Building Control Signed : ... Sarah Corlett Senior Planning Officer Signed : ... Jennifer Chance Development Control Manager --- *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/3403-braddan-4-victoria-replacement-conversion/documents/1279752*