**Document:** Officer Report 10/00689/C **Application:** 10/00689/C — Change of existing residential unit to part restaurant and part residential **Decision:** Refused **Decision Date:** 2010-07-12 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/36404-braddan-port-jack/documents/1353735 --- # Officer Report 10/00689/C **Application No.:** 10/00689/C **Applicant:** Mr Thomas Anthony Barlow **Proposal:** Change of existing residential unit to part restaurant and part residential **Site Address:** 4 Port Jack Onchan Isle Of Man IM3 1ED ### Considerations Case Officer: Mrs Jade Craig **Photo Taken:** 17.06.2010 **Site Visit:** 17.06.2010 **Expected Decision Level:** Senior Planning Officer ### Written Representations ### Consultations Consultee : Drainage Division Notes: Comments received Consultee : Highways Division Notes: Do not oppose Consultee : Onchan Commissioners Notes: Approve ### Officer's Report ### The Site The application site comprises the curtilage of 4 Port Jack, Onchan. The building is a terraced property, currently divided into commercial use on the ground floor and residential on the first and second floors. The ground floor unit is accessed from King Edward Road to the front and the residential unit is accessed from a footpath at first floor level to the rear. ### The Proposal This application seeks approval for the change of use of the residential unit on the first and second floors to a restaurant and kitchen on the first floor and a flat on the second floor. ### Planning History The following previous planning applications are considered relevant in the assessment and determination of this application; 89/01708/B - Permitted 01/01/94 Internal alterations, enlargement of dormer windows and change of use from bathroom showroom to dress shop. 95/00261/B - Permitted 06/07/95 (the current second floor plan is as was shown in this approval) Internal and external alterations. 95/01798/C - Permitted 18/04/96 (this approval was not implemented) Change of use from residential flat to retail premises. 01/01410/C Permitted 15/11/01 (this is the current approval for the ground floor) Change of use of retail unit to sun bed parlour. The following previous planning application for the adjacent site is also considered relevant in the assessment and determination of this application; 02/01487/B - Refused 17/12/02 Alterations to include extension of dining area to part of first floor. Tapas Bar, 5 Port Jack, Onchan. ## Development Plan Policies In terms of local plan policy, the application site is located within an "Area of Predominantly Shopping Use" in the Onchan Local Plan Order 2000. The site is not within a Conservation Area. The Isle of Man Strategic Plan 2007 contains policies and a paragraph which are considered material to the assessment of this current planning application; General Policy 2; "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." Housing Policy 17; The conversion of buildings into flats will generally be permitted in residential areas provided that: - (a) adequate space can be provided for clothes-drying, refuse storage, general amenity, and, if practical, car-parking; - (b) the flats created will have a pleasant clear outlook, particularly from the principal rooms and - (c) if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area. 8.13.4 In recent years, interest has grown in the development of residential dwellings from redundant commercial space, primarily above shops. In the United Kingdom, inspiration for such development came from the LOTS initiative (Living Over The Shop) started in 1989 and the FOS programme (Flats Over the Shop), set up in 1991. The Department generally supports the conversion of redundant storage space above shops (which are often outside of residential areas), into residential development unless the occupants would suffer adverse noise, general disturbance or loss of residential amenity from other land uses. ## Representations The Department of Infrastructure Highways Division do not object to this application, as there are no traffic management, parking or road safety implications. Onchan District Commissioners recommend that the application is approved. The Drainage Division of the Isle of Man Water and Sewerage Authority have submitted comments in response to the proposal. They state that under section 6 of the Sewerage Act 1999, there must be no discharges of any matter likely to injure the sewer or drain, to interfere with the free flow of its contents or to affect prejudicially the treatment and disposal of its contents. The Division also states that no fat or other food waste which will affect the performance of the public foul sewerage system will be permitted into the foul sewer. A grease/fat trap is recommended to be installed in order to prevent any such waste from entering the drainage system. ### Assessment The policies relevant in the consideration and determination of this applicant are Housing Policy 17 and General Policy 2, part (g), as set out in the Isle of Man Strategic Plan 2007. This application relates to the first and second floors of the property. The ground floor level is currently occupied by a tanning salon called Tanfastic and this use was approved under PA 01/01410/C. No ground floor plan or elevations have been submitted to this application and the first and second floor plans which have been provided do not show any proposed external alterations. The submitted plans show that there is a staircase which goes down at first floor level and a location plan points to a front door on King Edward Road, but no ground floor plans have been provided to show how this access is reached. On the plans provided, the access to the restaurant is through an existing door at first floor level, onto a rear footpath off Port Jack. This rear footpath is currently used as access to some of the residential units along this row of properties. The restaurant opening hours would be 11am to 2 pm and 5 pm to 10 pm on Tuesdays to Sunday. The anticipated number of customers is 30 to 35 and there would be a total of 5 members of staff. There is no parking on site, as this is not possible. It is considered that the adjacent restaurant and nearby fast food / shop units also do not provide parking, but customers use the parking available on the streets nearby. The Highways Division have not objected to this application. Part (a) of Housing Policy 17 requires approved flats to have adequate space for clothes-drying, refuse storage, general amenity and car parking (if practical). From viewing the plans, it is judged that whether the restaurant is accessed from the front door on King Edward Road or from the rear door on Port Jack, there is no internal entrance area separating the inhabitants of the second floor living accommodation from the staff or customers of the restaurant. The residents and visitors to the flat would enter the building from the rear and have to walk past the restaurant kitchen door and approach the customer seating area, in order to reach the staircase to the second floor. The restaurant toilets would be located on the half landing of the staircase, so the residents of the flat would also have to walk past these before their flat is reached at second floor level. The kitchen area of the restaurant would be located underneath the lounge and the office of the flat. With any restaurant kitchen, there needs to be an extraction system with external ducting. This information has not been provided as part of this application and the applicant stated in a letter to the Planning Authority received 11th May 2010, that they intend to submit a separate planning application for the restaurant kitchen extractor. The dining area of the restaurant would be located underneath the bedrooms of the flat. The floor layout of the flat does not show where the kitchen would be placed. It is also considered that the resident of the flat would have to take their refuse outside through the shared area with the restaurant. The proposal is considered to provide poor amenity space for the flat and therefore does not accord with part (a) of Housing Policy 17 in the Isle of Man Strategic Plan 2007. Part (b) of Housing Policy 17 requires flats to have a pleasant clear outlook, particularly from the principal rooms. The two bedrooms to the front of the flat would face south and have a clear outlook, but the lounge and the office to the rear of the flat would face north and look out towards a stone wall. These rear rooms are situated at a lower level than the road, so that there may be some overlooking from people walking past on the pavement above. However, as the current flat already has bedrooms in these rear rooms, this proposal is considered to comply with part (b) of Housing Policy 17 in the Isle of Man Strategic Plan 2007. Part (c) of Housing Policy 17 requires parking, if possible. It is not possible to provide any off-street parking on the site. As there is no parking at present and this proposal would not increase the number of residential units on the site, this proposal is considered to comply with part (c) of Housing Policy 17 in the Isle of Man Strategic Plan. General Policy 2 part (g) requires development not to adversely affect the amenity of local residents or the character of the locality. It has already been judged above that the internal layout of the proposed restaurant and living accommodation would not provide satisfactory amenity to the occupants of the residential unit. The introduction of commercial dining facilities on the upper floor with access from the rear lane is likely to result in noise and disturbance to residential accommodation in the adjacent properties. This proposal therefore does not comply with part (g) of General Policy 2 or Housing Policy 17 in the Isle of Man Strategic Plan 2007. It is important to note that a planning application was refused to enlarge the dining area of the adjacent property, in order to include part of the first floor residential accommodation under PA 02/01487/8. The reasons for refusal included lack of parking, in addition to the dining causing noise and disturbance to the adjacent residential accommodation. The applicant of this current planning application objected to this previous proposal, mainly because they were concerned about the noise from the first floor dining affecting their residential unit. ## Recommendation The proposal is considered to be contrary to the relevant planning policies in the Isle of Man Strategic Plan 2007 and it is therefore recommended that the planning application be refused. ### Party Status It is considered that the following parties, who submitted comments, should be afforded Interested Party Status; Onchan District Commissioners. It is considered that the following parties, who submitted comments, should not be afforded Interested Party Status; The Highways Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways Division cannot be afforded party status in this instance. The Drainage Division of the Isle of Man Water and Sewerage Authority. ## Recommendation Recommended Decision: Refused Date of Recommendation: 28.06.2010 ### 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 R 1. The proposal would be contrary to part (a) of Housing Policy 17 in the Isle of Man Strategic Plan 2007, in that it would provide poor residential amenity for the second floor accommodation. R 2. The proposal would be contrary to part (g) of General Policy 2 in the Isle of Man Strategic Plan 2007, in that the introduction of commercial dining facilities on the first floor would cause noise and disturbance to the residential accommodation in the adjacent properties. I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer. Decision Made : Refused Date : Signed : 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/36404-braddan-port-jack/documents/1353735*