DEC Officer Report

Application No.: 19/01236/B Applicant: Duncox Hospitality Limited Proposal: Removal of condition 4 from approved PA 19/00117/B Site Address: 15 - 17 Duke Street Douglas Isle Of Man IM1 2BB Planning and Enforcement Assistant: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.12.2019 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No customers shall be served or remain in the building outside the following hours 1100hrs - 0100hrs Monday to Sunday] Reason: In the interests of public amenity and to reflect the application as submitted.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 5th November 2019:

• o Revised Planning Statement : 23rd October 2019
• o Proposed Location Plan
• o Proposed Floor Plan _______________________________________________________________

Interested Person Status – Additional Persons

It is recommended that the following Government Department should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

Department of Home Affairs Isle of Man Constabulary. _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is the curtilage of 15-17 Duke Street, Douglas which consists of retail units to the ground and basement and residential to the upper floors. The property is situated to the western side of Duke Street. - 1.2 The surrounding area is characterised by a mix of retail, restaurant/bar and café uses. The site itself was previously occupied by a retail opticians and pie shop. It is within Athol Street and Victoria Street Conservation Area. To the rear of the site is a narrow single track access lane leading into a private locked courtyard. Behind this is a row of residential dwellings fronting onto Lord Street, and another row behind. - 1.3 The premises have approval for use for Class 3 purposes - consumption of food and drink on the premises subject to hours of operation. THE PROPOSAL

2.1 The current planning application seeks approval to remove Condition 4 of the previously approved PA19/00117/B and replace it with a new condition. - 2.2 Condition 4 states "Upon the completion of 6 months from the date of the decision notice, as it becomes final, the opening hours will change back to the following hours; 1100hrs 2300hrs Monday to Thursday, 1100hrs - 0000hrs Friday and Saturday, 1100hrs - 2000hrs Sunday provided that no further application to amend or remove this condition is submitted. Reason: In the interests of public amenity and to reflect the application as amended." - 2.3 The requested new times are Monday to Sunday 11am to 1am.

PLANNING HISTORY

3.1 There are several applications on the site of which the current use was approved under PA18/01240/C (Change of use of ground floor and basement from retail to Class 3 Food and Drink) and the temporary time period was approved under PA19/00117/B (Variation of condition 2 of PA 18/01240/C, Change of use of ground floor and basement from retail to Class 3 Food and Drink, to amend opening hours). PLANNING POLICY - 4.1 The site lies within an area zoned as Predominantly Shopping under the Douglas Local Plan 1998, Map 1.

4.2 Of specific relevance to the assessment of this application is General Policy 2 of the Isle of Man Strategic Plan 2016 which 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:

• 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; g) does not affect adversely the amenity of local residents or the character of the locality;

• n) is designed having due regard to best practice in reducing energy consumption."

4.3 Also of relevance is Environmental Policy 22 of the Isle of Man Strategic Plan 2016, which 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."

REPRESENTATIONS

5.1 Highway Services have No Highways Interest in this application (29.11.2019).

5.2 Douglas Corporation have considered the proposal and have no objection (17.12.19). - 5.3 The Isle of Man Constabulary (Alcohol Unit) have considered the proposal and have no objection (30.12.19)

ASSESSMENT

6.1 The fundamental issue to consider with regards to the assessment of this application is whether there would be a detrimental impact upon the public and residential amenities within the town centre.

6.2 The property is within a town centre location with the shops surrounding the area being a library and retail units. It is reasonable to assume that the peak customer hours for the property would be evenings and weekend afternoons as the current use is as a "sports bar," with the potential for large weekday crowds at the bar after midnight on weekdays and Sunday nights being regarded as low. - 6.3 The increase in the opening times by 2 hours Monday to Thursday, 1 hour Friday to Saturday and 5 hours Sunday would not result in an unacceptable increase in noise pollution or have an impact on local amenity as per General Policy 2 and Environmental Policy 22. - 6.4 Since the previous application PA19/00117/B which was for a temporary approval of 6 months to deem whether an extension of the opening times would be visible. There has been no objection from the local authority or the Isle of Man Constabulary as such it is deemed that there have been no complaints received with regards to the extending of the opening times.

CONCLUSION

7.1 For the above reasons the proposal is considered to comply with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016 and therefore acceptable. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 31.12.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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