**Document:** DEC Officer Report
**Application:** 20/01174/B — External modifications to previously approved Unit 3, including the relocation of parking bays and the change in proposed use from Retail/Commercial to Food and Drink (Class 3)
**Decision:** Permitted
**Decision Date:** 2021-01-07
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/6777-braddan-garage-showroom-workshop/documents/924134

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# DEC Officer Report

**Applicant:** V & V Foods And Hospitality Ltd Proposal External modifications to previously approved Unit 3, including the relocation of parking bays and the change in proposed use from Retail/Commercial to Food and Drink (Class 3) Site Address Garage Showroom Workshop & Premises (Former Eurocars Site) Peel Road Douglas Isle Of Man IM1 5ED Case Officer : Mr Chris Balmer
**Site Visit:** Expected Decision Level Planning Committee
**Recommended Decision:** Permitted Date of Recommendation 17.12.2020

## Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

- 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

- C 2. The development hereby approved shall not be occupied or operated until the parking, turning areas, associated access and circulating lanes have been provided in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.

- C 3. The Class 3, Food & Drink Use hereby approved (Unit 3), shall only be open for use by customers, between the hours of 1100hrs and 2300hrs (during TT and MGP fortnights (practice & race weeks) between the hours of 1100hrs and 0000hrs), 7 days a week.

Reason: The application proposes the times listed and has be considered on this basis only and in the interests of the amenity of neighbouring occupants in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.

- C 4. No development shall commence until a scheme specifying the provisions to be made for the control of noise emissions from the site has been submitted to and approved in writing by the Department. These measures shall then be implemented in full before the development is

occupied and shall be permanently retained thereafter unless otherwise agreed in writing with the Department.

Reason: To reduce the impact of noise beyond the site of the application resulting from the approved development.

- C 5. No development shall commence until a scheme specifying the provisions to be made for the control of odour emissions from the site has been submitted to and approved in writing by the Department. These measures shall then be implemented in full before the development is occupied and shall be permanently retained thereafter unless otherwise agreed in writing with the Department.

Reason: To reduce the impact of odour beyond the site of the application resulting from the approved development.

This application has been recommended for approval for the following reason. It is considered the development proposed would result represent part of an overall significant development of one of the more prominent sites within Douglas. The use proposed is considered acceptable and be more in line with the recently approved Area Plan for the East 2020 and comply with the relevant planning policies of the Isle of Man Strategic Plan 2016; while having not adverse impacts upon public or private amenities.

Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received; 14th October 2020 01 REV B 100 REV B 131 REV D 10th November 2020 10 REV C

_______________________________________________________________ Interested Person Status – Additional Persons None

________________________________________________________________ Officer’s Report

THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE BECAUSE THERE IS AN OBJECTION FROM THE LOCAL AUTHORITY BUT THE APPLICATION IS RECOMMENDED FOR AN APPROVAL

1.0 THE SITE - 1.1 The site is a small section of the overall site of the Former Eurocars Site, Garage Showroom Workshop and Premises located on the western side of Peel Road and to the east of the former railway line (not within application site) and The Bowl within Douglas. The site is rectangular in shape (footprint of Unit 3 within the overall site). The former Eurocars buildings have been demolished.

## - 2.0 THE PROPOSAL

2.1 The planning application seeks approval for the external modifications to previously approved Unit 3, including the relocation of parking bays and the change in proposed use from Retail/Commercial to Food and Drink (Class 3). - 2.2 The footprint of the building 241sqm is the same as previously approved, although instead of two separate Retail/Commercial units, the proposal is to combine both these units into a single "high class restaurant" i.e. Food and Drink (Class 3). Other changes are moving two disabled parking bays slightly from their approved position and providing a more appropriate bin store. There are also modest alterations to the design of the building. The rest of the site (KFC and Starbucks buildings, parking layout, access arrangement, internal roadways etc) remains as approved and will be undertaken as such.

3.0 PLANNING HISTORY - 3.1 The previous planning applications ae considered relevant in the determination of this applications; - 3.2 Erection of two detached buildings (Class 3) for the consumption of food and drink on and off the premises with associated drive through, erection of a detached building to provide two commercial units (Class 1) and creation of car parking, lighting, landscaping and access. Creation of new sub-station - 18/00977/B - APPROVED with a number of conditions, one which stated:

"C 13. The class 1, retail unit (Unit 2), hereby approved, shall only be open for use by customers, between the hours of 0600hrs and 2300hrs Sunday, 7 days a week.

Reason: The application proposes the times listed and has be considered on this basis only and in the interests of the amenity of neighbouring occupants in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016."

3.3 Installation of both illuminated and non-illuminated signage - 18/00997/D - APPROVED

4.0 PLANNING POLICY - 4.1 The application site under the Area Plan for the East 2020 is within an area designated as a "Mixed Use Proposals Area" - "8(c). Riverside Gateway" and also within a Comprehensive Treatment Area Proposal 4 which includes this site and all sites to the north of the site (running along Peel Road) up to and including the Quaterbridge Pub and south of this site including the IOM Newspaper Building/Odd Bins. Area Plan for the East 2020

- 4.2.1 Comprehensive Treatment Area Proposal 4 - Peel Road (West) (area is shown on Map 5) states:

"This mixed use area currently comprises some office, leisure, food and drink uses in the form of a drive-through, plus a petrol station and a fire station. With the relocation of car sales to a new showroom a large part of the area is vacant and the remaining land is under-used. The site is served by numerous accesses. To the rear (west) of the site is the NSC. The area would benefit from improvements to increase density of development whilst improving access, flood mitigation and furthering the Heritage Trail through to Douglas Quayside.

CTA Proposal 4 - Peel Road West (Treatment Plan) Development of this area could include leisure and retail warehouse (bulky goods). New uses shall be assessed taking into account accessibility, highway impact, design, visual impact and flood mitigation. Provision for a cycle route to link to the Heritage Trail shall be included."

- 4.2.2 Mixed Use Proposal 8c states;

- "There will be a presumption in favour of retail warehouse (bulky goods) and leisure uses. Any proposed development should provide for improved pedestrian and cycle links and environmental enhancement alongside the River Glass, a flood risk assessment and highway impact assessment. Comparison goods retailing will not generally be supported."
- 4.2.3 Paragraph 9.11 of the Area Plan of the East also states; "Development in areas of 'mixed use' There are a number of areas of 'mixed use' outside of Douglas town centre. Some are identified by a site number on the Maps and others are not, for instance Village Walk in Onchan does not have a site number.

Development types within areas of mixed use generally comprise a variety of different but compatible uses. Appropriate new uses may include a mix of shops and some services (financial and professional), food and drink, office and light industry, research and development, tourist and residential uses, and other uses such as clinics or health centres, childcare or education, community facilities, and places of assembly and leisure. Uses which are not compatible with residential development will generally not be supported within the areas of mixed use."

4.3 Isle of Man Strategic Plan (adopted 2016)

- 4.3.1 In light of the above, it is considered the policies from the Isle of Man Strategic Plan (adopted 2016) set out below are relevant in the determination of this application.
- 4.3.2 The Strategic Plan takes its lead from the Government aims which include the pursuit of manageable and sustainable growth based on a diversified economy which is intended to raise the standard of living of the people of the Island and to provide the resources to sustain and develop public services. It also includes the protection and improvement of the quality of the environment such that it continues to be an asset for future generations.
- 4.3.3 The Strategic Aim is: "To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."
- 4.3.4 The Strategic Aim is noted but not considered directly further, as the relevant aspects are unpacked by the relevant detailed policies which are identified below.
- 4.3.5 Strategic Policy 1 states: "Development should make the best use of resources by:

- (a) optimising the use of previously developed land, redundant buildings, unused and underused land and buildings, and reusing scarce indigenous building materials;
- (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards; and
- (c) being located so as to utilise existing and planned infrastructure, facilities and services."

- 4.3.6 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions (2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."

- 4.3.10 Strategic Policy 9 states: "All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park(1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8."

- 4.3.11 Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to:

- (a) minimise journeys, especially by private car;
- (b) make best use of public transport;
- (c) not adversely affect highway safety for all users, and
- (d) encourage pedestrian movement"

- 4.3.12 Spatial Policy 1 states: "The Douglas urban area will remain the main employment and services centre for the Island."
- 4.3.13 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."

- 4.3.14 Environment Policy 22 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."

- 4.3.17 Environment Policy 43 states: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition."

- 4.3.19 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."
- 4.3.20 Business Policy 9 states: "The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1)."

- 4.3.23 Business Policy 10 states: "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5."
- 4.3.24 Transport Policy 3 states: "New development on or around existing and former rail routes should not compromise their attraction as a tourism and leisure facility or their potential as public transport routes, or cycle / leisure footpath routes."

- 4.3.30 Transport Policy 4 states; "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
- 4.3.31 Transport Policy 6 states: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users."
- 4.3.32 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7."

## - 5.0 REPRESENTATIONS

- 5.1.0 Douglas Borough Council has objected to the application on the following grounds (17.11.2020):

"The planning application listed above was considered at a meeting of Douglas Borough Council's Environmental Services Committee on the 16th November 2020 where the Committee resolved to object to the application on the following grounds.

Isle of Man Strategic Plan 2016: Business Policy 10: Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5.

It should be noted that the comments are made in relation to the Town and Country Planning Acts and does not imply approval or consent under any other relevant enactment, byelaw, order or regulation."

- 5.1.1 In response the applicants commented (18/11/2020): "It is with some confusion that I find myself writing on this basis as our application clearly stipulates that the change of use will remove the retail use which has received full detailed approval previously and replace this with food and drink (Class 3). I am sure that this is an oversight and error and confirm that extensive discussions have taken place with the environmental division relating to increased bin storage and security of bins in order to accommodate the additional waste likely to be generated from a Class 3 food and drink type use which was accepted as being compliant and appropriate response to the change.

In assessment the proposals for the tenant a review of the available similar sized appropriate located with suitable car parking spaces within the town centre were sought. Unfortunately there are no spaces available and as an established successful restaurateur wishing to provide a superior dinning experience the site applied for meets these criteria and as such the application is to be pursued...".

- 5.1.2 In response Douglas Borough Council made the following comments (19.11.2020):

"The planning application listed above was considered at a meeting of Douglas Borough Council's Environmental Services Committee on the 16th November 2020 where the Committee resolved to object to the application on the following grounds.

Isle of Man Strategic Plan 2016:

Business Policy 10: Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5.

Although Business Policy 10 does not clearly differentiate between different types of retail, the Environmental Services Committee rationale was that it would be preferable for a high class restaurant to be situated within the town centre rather than on the outskirts of the town. It is believed that the applicant should now demonstrate why this proposed high class restaurant cannot be situated within the town centre.

The Committee did not object to the changes in the visual appearance of Unit 3 neither did they object to the amendments to the bin storage area to accommodate the additional waste produced if approval was granted for the change of use to a restaurant. The Committee believed that retail of the proposed nature should only be permitted within the town centre.

It is accepted that the Committee did not raise any objections to the original application which included the proposed new KFC building and Starbucks. Both of these businesses offered drive thru facilities which may not have been possible within a location closer to the town centre. It must be noted that the Council did ask the Planning Committee to consider any potential traffic issues when forming its decision. The Council also asked the police to make comment on the application at the time it was considered.

In conclusion the Council accepts that approval has already been granted for Unit 3 to be used for retail which could possibly have been for the sale of bulky items that could not have been sold from a town centre location. Approval has not been granted for Unit 3 to be used as an out of town high class restaurant which the Council believes should be within the town centre in line with Business Policy 10."

5.2 Highway Services do not oppose (09.11.2020). - 5.3 The Ecosystem Policy Officer (DEFA) made the initial comments (11.11.2020); "Griselinia littoralis and Cotoneaster microphyllus, both Schedule 8 Part II invasive plant species are included on the planting list for the boundary hedges. As invasive plant species we request that they are removed from the planting list and replaced with other non-invasive species. Ideally we would like to see greater use of Manx native planting on site. Updated site plans with the invasive species removed and an updated planting list should be provided to planning prior to determination. It is an offence to plant, or otherwise cause to grow in the wild any plant listed on Schedule 8."

- 5.3.1 In response the applicants commented (18/11/2020): "Turning to matters raised by the Ecosystem Policy Officer the two referred to plants species Griselinia Littoralis and Cotoneaster Microphyllus will be replaced in the planting schedule with native species. It is proposed to directly replace those identified with a mix traditional Manx hedging - Crataegus (Hawthorn), Llex (holly) x E (berries), Buddleia and Fuchsia they will provided in 0.6 to 0.9 mtr high bushes and at a ratio of 3-5 sqm mtr in 2 litre pots to create healthy root zones."
- 5.3.2 The Ecosystem Policy Officer made the following comments in response (23.11.2020):

"Thank you, yes my concerns about the use of Schedule 8 Invasive plants will be overcome with the newly proposed planting.

Though Fuchsia and Buddleia are not actually native species, these species are not considered invasive and they are both good for invertebrates, so in the context of where the development is located the use of these species is absolutely fine."

## - 6.0 ASSESSMENT

### 6.1 Key Issues

- 6.1.1 Issues relating to the principle of the proposal are as follows:

- o Principle of Development;
- o Potential impact upon the visual amenities of the street scenes;
- o Impact on Neighbouring Properties; and
- o Traffic Impacts / parking provision.

### 6.2 Principle of Development

- 6.2.1 Firstly it should be understood why the original application was granted the unit to be two retail units. The Principal Planner of application (18/00977/B) at the time stated: "6.1.1 The site is within an area zoned as Light Industrial on the Douglas Local Plan. The proposed use is not light industrial, and does not meet the tests for retail on industrial land as set out in Business Policy 5.
- 6.2.2 However, the site has clearly not been in Industrial use for some time, being used primarily as a car show rooms (retail) and associated workshop/garages. Furthermore the neighbouring properties to the north and south do not fall within this land use designation. The immediate area has been the subject of a number of planning applications and subsequent approvals that have introduced a retail element to the area along Peel Road. For example, within the block that includes the proposed, are a Health and Fitness Club, The Tile Centre and City Plumbing and beyond are the petrol station which has an element of retail (and recently been extended from more retail space) and also McDonald's. To the south of the site is European House which was granted approval in 2014 for the storage, distribution and sale of alcohol and a café.
- 6.2.3 This continued use of the site and other sites nearby along Peel Road, is perhaps why the Draft Eastern Area Plan has designated the site as a Comprehensive Treatment Area Proposal 4 (CTA 4). The Draft Plan identifies the current uses being; "This mixed use area comprises offices, retail, leisure, food and drink uses in the form of a drive-through, plus a petrol station and a fire station".
- 6.2.4 Further the Draft Plan specifically highlights the site commenting:

"With the relocation of car sales to a new showroom a large part of the site is due to become vacant and the remaining land is under used".

- 6.2.5 The overall proposals which are within the planning application are considered to meet the aims of CTA 4 which states;

"Development of this area could include either leisure; some food and drink (the nature of which will need clarification as part of this Plan); retail warehouse (bulky goods); offices and residential uses. The acceptability of the range of uses and their precise location shall be assessed as part of a development brief taking into account accessibility, highway impact, design, visual impact and flood mitigation. Provision for a cycle route to link to the Millennium cycleway shall be included."

- 6.2.6 It is considered given the clear direction of travel through previous planning applications in the area; the use of the existing site mainly contrary to the current land use designation; and given the proposed land use designation under the Draft Local Plan; it is considered the proposed uses are acceptable in principle. Arguably, irrespective of the Draft Area Plan, there is the potential the scheme could be considered acceptable given previous permissions in the area, as well as the fact industrial uses along this area of Peel Road is not ideal, in terms of appearance and use, being one of the main gateways into Douglas. Furthermore the retail element of the proposal is below 500sqm (proposed 2 x 116sqm = 232sqm) and therefore a Retail Impact Assessment is not required. Furthermore, it is considered the overall scale of the retail element, the fact the site/area has established retail elements of similar size and as the site is designated under the Draft Area Plan as being within Douglas Town Centre, again all help is considering this retail element of the proposal is acceptable."

- 6.2.2 Following the Public Inquiry the Planning Inspector commented/ recommended that: "The Town Centre as defined in the draft Area Plan is similar, except in one important respect. That is that it includes a large area to the west of the centre as defined in the Master Plan, bounded by Peel Road to the north and east, and by the railway and the Rivers Douglas and Glass to the south and west. This elongated strip of land (which is identified as 'the Riverside Gateway' in the draft Area Plan) ends close to the Quarterbridge junction. It includes the Hills Meadow Industrial Estate; and commercial development, and 'The Bowl', to the north of Pulrose Road. Douglas Borough Council objected to the inclusion of the 'Riverside Gateway' within the boundary of the town centre. It argued that that area did not possess any of the characteristics of a town centre. Its inclusion within the proposed town centre boundary could result in its use for extensive retail and office development, in accordance with the established Strategic Plan policies. That would dilute the chance of attracting office and retail developments to sites that are either vacant or ripe for redevelopment in the commercial core of Douglas, for instance in The Fort, the Strand Street area, St George's, or South Quay. The western boundary of the town centre should be in the vicinity of Bank Hill and Douglas Bridge.

I have a considerable degree of sympathy with these arguments. The Quarterbridge junction is best part of a mile from the western edge of the central area as described in the Central Douglas Masterplan; and almost two miles from the Sea Terminal. The Hills Meadow Industrial Estate, and the land to the north of Pulrose Road, do not have the characteristics of a town centre. Although the Central Douglas Masterplan envisages that there might be some office development in the 'Riverside Gateway' area, to the south of Lake Road, I am not 36 persuaded that that area can properly be regarded as part of the town centre. In my view, office and retail development should be concentrated in the commercial heart of Douglas, which properly excludes the Riverside Gateway. I note that there is a substantial amount of vacant land and unused retail and office floor space in central Douglas, awaiting re-occupation or redevelopment."

- 6.2.3 The Inspector then concluded/recommended that

"Mixed Use Areas 8b and 8c comprise the central and north-western parts of the Riverside Gateway. The draft Area Plan provides for office development as part of the mixture of uses that would be appropriate in either of these areas. However, as indicated above, I do not consider that the Riverside Gateway area should be included within the boundary of Douglas Town Centre. It follows that office development in either of these areas would be contrary to Business Policy 7 of the Strategic Plan, which provides that new office space should be located within existing town and village centres. Accordingly I recommend that references to office uses be deleted from Mixed Use Proposals 8b and 8c; and that the words 'Town Centre' be deleted from each of their headings."

- 6.2.4 It is perhaps worth noting that no mention is made by the Inspector to "food and drink"; albeit this has been omitted by the CTA Proposal 4, which now proposes "this area could include leisure and retail warehouse". Where "food and drink" i.e. restaurant is regarded to

- "leisure" is open for debate. However, what is clear is that generally retail should not be allowed. Given the current proposal is seeking to remove the two approved retail unit, with a "Food and Drink" use; it would seem reasonable that this proposal falls in line with the aims of the Area Plan for the East.
- 6.2.5 Furthermore, the permission of the two units for food and drink uses (KFC & Starbucks) on the site, it would seem reasonable that unit 3 has a similar use. It is note comments from Douglas Borough Council that these where acceptable due to the "drive-thru" aspect, which is a relevant point. However, the fatc remains that they still have a similar "restaurant" i.e. sit in capacity and this current proposal in terms of use and character would be very similar.
- 6.2.6 The applicants indicate the user of the unit would be a "high class restaurant". It should be noted that from a planning perspective the approval is for a "food and drink" use and therefore any restaurant operator could use it.

6.3 Potential impact upon the visual amenities of the street scenes

- 6.3.1 The proposed building being single storey in nature and set back from the Peel Road would have no sinfcant impact, arguabale represent a visual impacvement over the previous building on the site (car garages). The proposal in terms of footprint, size and overall design approach is also very similar to what was approved previously. It should be noted Advertisement Consent would be required for any signage.
- 6.3.2 Overall, it is consider the overall development would be a vast improvement over what was on the site previously (albeit now demolished), but irrespective of this is an acceptable and appropriate form of development that results is overall interesting and quality development of different design approaches, which fits well within the various street scenes.

6.4 Impact on Neighbouring Properties (EP22 and GP2(g));

- 6.4.1 In terms of impacts upon the properties to the north and south of the site it is not considered the prosed use would have any significant impacts to these commercial/mixed uses to warrant a refusal.
- 6.4.2 A concern of a restaurant can be the smell impacts to residential properties, namely relating to the smells from the cooking. The proposal includes a kitchen extraction system to its rear. The closest residential properties are those on Ballakermeen Drive, to the extraction flue is approximately 120+m away to the northeast, across Peel Road. No details are included of the kitchen extraction system so a condition could be attached to any approval for such details.

- 6.4.6 Considerations is also given that the immediate area adjacent to Peel Road, Petrol Station and other neighbouring uses all result in an area which isn't especially quiet, i.e. for example being in the countryside. There is already a level of noise/disturbances during the periods the proposed units would be open, and it is not considered the proposed uses would significantly add to this impact to warrant a refusal.
- 6.4.7 If there were significant adverse smells/noise coming from these units (or any) then Environmental Protection would also have legislation to take action.
- 6.4.8 Accordingly, it is considered the proposal would comply with the relevant policies.

6.5 Traffic Impacts / parking provision (StP10, GP2, TP 1, 2, 3, 4, 6, 7 and 8);

- 6.5.1 As per the representation of this report, Highway Services have considered the application in greater detail in terms of a number of highway related matters, including; traffic generation, parking provision, access to and from the site, highway safety matters etc and raise no objection. Accordingly, the Department in this case gives significant weight to the expertise

of Highway Services in terms of all matters outlined and therefore it is considered the proposals would comply with the relevant policies.

6.6 Other Matters.

- 6.6.1 The previous approval conditioned that the opening hours of the retail unit should be hours of 0900hrs and 1800hrs, 7 days a week.

- 6.6.2 The Starbucks unit (Class 3 - Food & Drink) was conditioned to have hours between the hours of 0600hrs and 2200hrs, 7 days a week. The KFC units (Class 3 - Food & Drink) was conditioned to have hours of 1100hrs and 2300hrs, 7 days a week. All these hours where conditioned as the applicants indicated that these where the hours of opening.
- 6.6.3 It is consider that the unit now proposed (i.e. Class 3 - Food & Drink) should ideally tie in with these other use in terms of hours of opening. It has been suggest to the applicants that perhaps the hours of 1100hrs and 2300hrs, 7 days a week. On this issue the applicants indicate:

"I've spoken with client and he would appreciate the opportunity to open until midnight during TT and MGP. Would this be acceptable or would we need to apply separately for that increased hours for that set period. Other than that 11.00am to 23.00pm is acceptable."

- 6.6.4 Given the location of the buildings from neighbouring residents and the overall character of the area it is considered these times are acceptable.

## - 7.0 CONCLUSION

- 7.1.1 Overall, it is considered the development proposed would result represent part of an overall significant development of one of the more prominent sites within Douglas. The use proposed is considered acceptable and be more in line with the recently approved Area Plan for the East 2020 and comply with the relevant planning policies of the Isle of Man Strategic Plan 2016; while having not adverse impacts upon public or private amenities. Therefore the application is recommended for an approval.
- 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

- (a) the applicant (including an agent acting on their behalf);
- (b) any Government Department that has made written representations that the Department considers material;
- (c) the Highways Division of the Department of Infrastructure;
- (d) Manx National Heritage where it has made written representations that the Department considers material;
- (e) Manx Utilities where it has made written representations that the Department considers material;
- (f) the local authority in whose district the land the subject of the application is situated; and
- (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

- o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
- o whether there are other persons to those listed above who should be given Interested Person Status

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : …Permitted……….... Committee Meeting Date:…04.01.2021

Signed :…………S CORLETT…….. Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

## Customer note

## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our onlineservices/customers and archive records.

### Planning Committee Decision 04.01.2021

Application No. : 20/01174/B Applicant : V & V Foods And Hospitality Ltd Proposal : External modifications to previously approved Unit 3, including the

relocation of parking bays and the change in proposed use from Retail/Commercial to Food and Drink (Class 3) Site Address : Garage Showroom Workshop & Premises (Former Eurocars Site) Peel Road Douglas Isle Of Man IM1 5ED Principal Planner : Mr Chris Balmer Presenting Officer S CORLETT

### Addendum to the Officer’s Report

The Planning Committee considered the application at its meeting of 04.01.21 where C was amended as follows:

C 3. The Class 3, Food & Drink Use hereby approved (Unit 3), shall only be open for use by customers, between the hours of 1100hrs and 2300hrs and during TT and MGP fortnights (practice & race weeks) between the hours of 1100hrs and 0000hrs, 7 days a week.

Reason: The application proposes the times listed and has be considered on this basis only and in the interests of the amenity of neighbouring occupants in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.

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*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/6777-braddan-garage-showroom-workshop/documents/924134*