**Document:** DEC Officer Report **Application:** 23/00853/B — Change of use from Beauty Salon (class 1.1) to Food & Drink (class 1.3) and installation of awning over pavement cafe area **Decision:** Permitted **Decision Date:** 2023-10-19 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/10536-braddan-37-nelson-street-change-use/documents/973496 --- # DEC Officer Report ## PLANNING OFFICER REPORT AND RECOMMENDATION **Application No.:** 23/00853/B **Applicant:** Nights & Weekends Limited **Proposal:** Change of use from Beauty Salon (class 1.1) to Food & Drink (class 1.3) and installation of awning over pavement cafe area **Site Address:** 37 Nelson Street Douglas Isle Of Man IM1 2AJ **Planning Officer:** Mr Toby Cowell **Recommended Decision:** Permitted **Date of Recommendation:** 18.10.2023 ## 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 use of the food and drink establishment hereby approved shall be limited to be preparation and sale of cold food, and explicitly restricts the preparation, cooking and selling of hot food on the premises. This restriction does not extend to the reheating of food prepared off-site. Reason: The preparation and cooking of hot food did not form part of the application and would require further assessment as to its wider impact. This application has been recommended for approval for the following reason. The proposed change of use and associated operational development are considered to be acceptable in principle, whilst not resulting in a detrimental impact upon the character and appearance of the streetscene or the wider Conservation Area. The proposals are further considered to be acceptable in the context of highway safety, whilst not resulting in a materially harmful impact upon the amenities of the limited number of surrounding residential properties. The proposals are considered to comply with Strategic Policy 5, Spatial Policy 1, General Policy 2, Environment Policies 35 and 42 and Transport Policies 4 and 7 of the Strategic Plan (2016), whilst further complying with Mixed Use Proposal 3 of the Area Plan for the East (2020). Plans/Drawings/Information; This approval relates to drawings and documents referenced; - 2315-EF-100 - 2315-EF-101 Received 29.07.23 2315-EF-200 RevD Received 31.08.23 _______________________________________________________________ Interested Person Status – Additional Persons None. _____________________________________________________________________________ ## Officer’s Report 1.0 THE SITE - 1.1 The application relates to the ground-floor of 37 Nelson Street, presently operating as a beauty salon. The site is located adjacent to HSBC House to the immediate east and within close proximity to the Shaws Brow multi-storey car park to the west. 2.0 THE PROPOSAL - 2.1 Permission is sought for a change of use of the premises to a food and drink establishment (Class 1.3), together with the erection of an awning comprising a total outward projection of 1.62m across the pavement and a clearance height of 2.6m above the pavement. - 2.2 The additional information accompanying the submission states that the premises would comprise opening times of 09.00 to 01.00 7 days a week. It is understood that the food offering associated with the premises would be minimal and limited to cold foods only (i.e. cured meat platters etc.) with no preparation of hot food on site. ## - 3.0 PLANNING HISTORY 3.1 None of relevance. - 4.0 PLANNING POLICY 4.1 The site lies within the Mixed Use Area 3 - Strand Street as shown within the Area Plan for the East, whilst also falling within the Athol Street and Victoria Street Conservation Area. 4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy - 2 Priority for new development to identified towns and villages - 3 To respect the character of our towns and villages 5 Design and visual impact Spatial Policy - 1 Development in Douglas General Policy - 2 General Development Considerations Environment Policy 35 Development within Conservation Areas 42 Designed to respect the character and identity of the locality Transport Policy - 4 Highway safety 7 Parking ## - 5.0 REPRESENTATIONS 5.1 Douglas Borough Council - No objections. (15.09.23) - 5.2 Highway Services - Note the application submission of revised plans and consider that they still do not have a significant negative impact on highway safety, network availability and/or parking. The Applicant is advised that they will need a café seating licence from Douglas BC for the seating and barrier and an oversailing the highway licence from the DOI for the awning. (04.08.23 and 02.09.23) - 5.3 Registered Buildings Officer - no response received at the time of writing. - 5.4 Manx National Heritage - no response received at the time of writing. - 5.5 Manx Utilities Authority - no response received at the time of writing. 6.0 ASSESSMENT 6.1 The site falls within Mixed Use Area 3 within Douglas whereby there is a presumption in favour of a range of uses, including those directed at food and drink establishments. The proposals seek minimal alterations to the front of the premises, with the proposed awning considered to be acceptable from a design standpoint in the context of the streetscene and the wider Conservation Area. No concerns have also been raised by Highway Services, but note that a licence from Douglas Borough Council will be required for the outdoor seating area together with a further licence from the Department of Infrastructure for the oversailing of the highway by the proposed awning. 6.2 Given the site's town centre location and the variety of uses present within the locality, together with the acknowledgment over the more limited degree of residential uses, the proposed opening hours of 09.00 to 01.00 7 days a week are not objected to. The application has made clear that the resultant establishment would not seek to serve hot food prepared and cooked on the premises, and it is therefore considered reasonable to restrict its use and operation to this affect as such activities would require further assessment in terms of noise, ventilation and residential amenity impact in the context of odour. In the interests of clarity, the reheating of food would not fall into this category and would therefore be appropriate without further assessment. - 7.0 CONCLUSION 7.1 The proposed change of use and associated operational development are considered to be acceptable in principle, whilst not resulting in a detrimental impact upon the character and appearance of the streetscene or the wider Conservation Area. The proposals are further considered to be acceptable in the context of highway safety, whilst not resulting in a materially harmful impact upon the amenities of the limited number of surrounding residential properties. The proposals are considered to comply with Strategic Policy 5, Spatial Policy 1, General Policy 2, Environment Policies 35 and 42 and Transport Policies 4 and 7 of the Strategic Plan (2016), whilst further complying with Mixed Use Proposal 3 of the Area Plan for the East (2020). The application is therefore recommended for 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 in Article 6(4) who should be given Interested Person Status. I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status Decision Made : Permitted Date : 19.10.2023 Determining officer Signed : A MORGAN Abigail Morgan Acting Head of Development Management 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 online services/customers and archive records. --- *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/10536-braddan-37-nelson-street-change-use/documents/973496*