**Document:** Duplicate Officer Report **Application:** 10/00243/B — Conversion of part basement level to a takeaway outlet **Decision:** Refused **Decision Date:** 2010-04-15 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/35813-braddan-trevelyan-conversion/documents/1347119 --- # Duplicate Officer Report **Application No.:** ** 10/00243/B ** **Applicant:** ** Miss Delia McGuire ** **Proposal:** ** Conversion of part basement level to a takeaway outlet ** **Site Address:** ** - Trevelyan - 18 Palace Terrace - Queens Promenade - Douglas - Isle Of Man - IM2 4NE --- ### Considerations **Case Officer:** Mr Gary Barr ** **Photo Taken:** ** 30.03.2010 ** **Site Visit:** ** 30.03.2010 ** **Expected Decision Level:** ** Senior Planning Officer --- ### Written Representations --- ### Consultations **Consultee:** Highways Division **Notes:** Do not oppose **Consultee:** Douglas Corporation **Notes:** **Consultee:** Director Of Environmental Health **Notes:** Comments received **Consultee:** PC Mike Radcliffe Architectural Liaison Officer **Notes:** Comments received --- ### Officer's Report #### The Site The application site represents "Trevelyan" at 18 Palace Terrace on the Queens Promenade in Douglas. This mid terrace building is situated between Place View Terrace and Switzerland Road and adjacent to Marathon and Athol Terrace. #### The Proposal The proposed planning application is seeking approval for the conversion of the existing staff quarters of the hotel to a fast food outlet at basement level. This would consist of creating an opening along the boundary wall 1250mm wide (at street level), installing steps, hardwood door and render to match the existing. There would be minor internal alterations. 1 April 2010 10/00243/B Page 1 of 5 ## Planning Status The application site is located within the Promenades Conservation Area in Douglas which is zoned as an area of "Mixed Use" under the Douglas Local Plan adopted by Tynwald in 1998. Within the adopted Isle of Man Strategic Plan, Environment Policy 35 is considered relevant to this proposal; "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development". General Policy 2 is also considered relevant and 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; - (I) 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." Environment Policy 22 is also relevant to the proposal and states: "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 airborne pollutants; and iii) vibration, odour, noise or light pollution". ### Planning History The following planning applications should be considered in the assessment of the current planning application: PA 89/01524/A - Approval in principle for the erection of residential apartments with associated car parking - Permitted PA 10/00206/D - Erection of illuminated signage - Pending ## Representations The Douglas Corporation have not commented on the proposal. Department of Transport Highways Division do not oppose - has no traffic management, parking or road safety implications. Environmental Health has commented that the proposed premises must comply with the requirements of the Food Act 1996 (and associated Regulations) and the Health and Safety at Work etc Act 1974. In accordance with the Food Hygiene Regulations 2007, the premises must also be registered with the Department at least 28 days prior to opening. Architectural Liaison Officer (C Mike Radcliffe) has commented on the proposed conversion. Whilst it is noted that the applicant has not stated an intention to operate during the later hours of the early morning, it is imperative that this situation does not occur by default. Therefore a condition should be placed upon any approval granted in respect of the takeaway facility to restrict its hours to those detailed within the application; namely to the effect that: 'The hot food 'takeaway' business may not operate between 0030 hrs and 1130hrs Monday to Friday and 0300hrs to 1130hrs Saturday and Sunday.' ### Assessment The land use zoning for this area of Douglas is designated as Tourism / Residential / Office and the proposed change of use would be contrary to this use. Through the conversion of basement to a fast food take-away, it is argued that the use is an important consideration of character. It is judged that with the site currently used as a hotel (the majority of which would remain as such); with mixture of residential accommodation in the immediate vicinity and no fast food outlets; the principle for the proposed development would not be compatible with its surrounding uses and is considered unacceptable in this instance. It is acknowledged that there are few take-away outlets situated at various points throughout Douglas Promenade; however, each application needs to be assessed on a case-by-case basis. It is considered that the other take away outlets have surrounding businesses which have similar opening hours and in some incidences the same intoxicated customers adjacent to one another, i.e. restaurants, nightclubs and bars; which may have made these applications more acceptable. In terms of this application, there are no neighbouring fast food outlets in the close vicinity and it is considered that to introduce this particular use to this locality, it would be inappropriate for the surrounding residents and the character of the Conservation Area. It therefore remains the role of the Planning Authority to assess the site specific impacts of the proposed use. The proposed fast food take-away would be within the same building as an existing hotel, with permanent residential premises adjacent. With a fast food take-away in such close proximity to the temporary \& permanent residential apartments, it is judged that the amenity of occupiers would be adversely affected as a result of the projected noise from the comings and goings of customers from the premises. Anticipated noise from such fast food outlets (in the vicinity as permanent residential accommodation), have a long history of complaints due to their incompatibility. As a result, the Planning Authority should not approve an application if it will adversely affect occupiers of accommodation such as this, which we believe will be the case if the proposal is permitted. It is of particular relevance is that patrons of the proposed outlet would have to pass by the residential homes; the noisy and / or intoxicated individuals could not only cause a disturbance but they may also appear intimidating. This would be unreasonable expectation amongst local residents, who you would expect an enjoyable environment to live in. With hotel rooms above the proposed basement site, and with residential apartments within adjoining buildings, the proposed use would be sited in an inappropriate location. With the applicants applying for a takeaway delivery service, the hours of operation would be restricted (if approved). Having said this, the proposed business could result in customers calling at the premises throughout the evening, well above what is regarded as acceptable in this locality. Therefore it is considered that the hot food take-away would cause harm to the residential amenity of the neighbouring land uses through increased noise and general disturbance. The removal of the boundary wall, the erection of signage and the appearance of a take away outlet sited in the basement of this late Victorian Terrace, is judged to be unacceptable and would have an adverse impact on the appearance of the building and the Conservation Area. The development fails with the requirements set out under Environment Policy 35 and does not preserve or enhance the character or appearance of a conservation area. **RECOMMENDATION** It is recommended that the planning application should be refused. **PARTY STATUS** It is considered that the following parties, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: - Douglas Corporation - Architectural Liaison Officer of the Isle of Man Constabulary Accordingly the following parties are not afforded interested party status: - The Department of Transport Highways Division - Environmental Health of Department of Environment, Food and Agriculture **Recommendation** **Recommended Decision:** Refused **Date of Recommendation:** 31.03.2010 **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** ## **R 1.** The proposed use would be likely to severely undermine the amenities of the residents above and the surrounding residential premises; by reason of noise; and general disturbance though the comings and goings of customers in such close proximity to habitable room windows. Consequently the development would be contrary to General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan, 2007. ## **R 2.** The proposed change of use would be contrary to Environment Policy 35 of the Isle of Man Strategic Plan 2007 by reason would not preserve or enhance the character and appearance of the Conservation Area and would have a detrimental to the visual amenities of the locality. 1 April 2010 10/00243/B --- *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/35813-braddan-trevelyan-conversion/documents/1347119*