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Application No.: 17/00242/B Applicant: Mr Rumen Yuriev Proposal: Change of use from Class 1 to hot food takeaway and installation of ventilation louvre above rear door Site Address: Unit 7 Orchard Walk Bridson Street Port Erin Isle of Man IM9 6AL Case Officer : Miss S E Corlett Photo Taken: 29.03.2017 Site Visit: 29.03.2017 Expected Decision Level: Officer Delegation
Officer’s Report THE SITE
1.1 The site is the floor area of an existing retail unit which faces inward to the car park associated with Port Erin's Shoprite supermarket and backs onto Bridson Street. Whilst the complex backs onto a main thoroughfare, there are no frontages onto Bridson Street, the rear being used for deliveries in some cases including the application site, up a small flight of concrete steps to door. The frontage is part of a row of units used for a variety of purposes - charity shops, launderette - all with a pedestrian walkway in front under a canopied roof. The site slopes downward towards the south and the floor levels rise above ground level accordingly. - 1.2 Bridson Street accommodates a range of uses - residential, ecclesiastical, tourism and offices (Port Erin Commissioners). - 1.3 The launderette has external downward pointing extraction pipes above the rear door on Bridson Street. - 1.4 The shop units and the Bridson House tourist units across Bridson Street are of a similar design with a red double Roman tiled mansard style roof above a single storey of accommodation. The tourist accommodation has accommodation within the roofspace, served by square rooflights which, due to the nature of the roof, face almost directly towards the rear of the Bridson Street shops at an almost vertical angle as would a usual first floor window. THE PROPOSAL
2.1 The unit is currently used as a retail unit and it is proposed to change that use to a hot food take away. The floor plans include reference to a pizza oven but the use would be more generic and would cover any type of hot food for consumption off the premises. No inside seating is included although there is a customer waiting area. The applicant intends to operate between 1700hrs and 22000hrs Sunday to Thursday and on Fridays and Saturdays between 1700 and 2300hrs. - 2.2 The "Existing elevation" on plan 1392.2 is actually the proposed rear elevation and includes the fitting of an extraction system above the rear door in the area of existing fanlight glazing, discharging out onto Bridson Street. The applicant has provided additional information following sight of the objection from the owners of the Bridson Street, advising that they operate a pizza business in Douglas which is close to a number of commercial and residential units and they have never received a single complaint in respect of untidiness, odours or noise. They had hoped that
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their enterprise would add to the amenities available to those living in and visiting the village. They consider that the exhaust venting will be smaller than that at the Posh Wash launderette and will emit smells much less pungent than would result from say Chinese or Indian cooking.
2.3 They will, under the terms of their lease, monitor the area to ensure that no rubbish is left on the street and note that there are several public bins available in the area fir customers' rubbish. PLANNING POLICY - 3.1 The site lies within an area designated on the Area Plan for the South as Mixed Use. There are no particular written policies which are relevant to this case.
3.2 The Strategic Plan makes no reference to particular types of dining. General Policy 3 is considered relevant as follows:
"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:
REPRESENTATIONS
4.1 Port Erin Commissioners support the application (15.03.17).
4.2 The owners of Bridson House Holiday Apartment object to the application on the basis of noise and smell nuisance to the occupants of their four holiday apartments and caretaker's unit directly across the rear road from the application site, and are concerned about refuse - that from customers and that from the operation itself, preferring not to have large filled bins in clear view of those using Bridson Street along with vermin nuisance which may accompany it (09.03.17).
4.3 Highway Services indicate that they have no objection to the application (30.03.17). - 4.4 The Architectural Liaison Officer recommends that the hours of operation stipulated by the applicant should be adhered to as hot food take aways can act as a "honey pot" for anti-social behaviour (10.04.17).
5.1 The application site has no planning history. The adjacent unit 6 obtained and received planning approval for the installation of an air extraction system in the rear, serving a laundrette. When the line of shops was originally created from the conversion from a Shoprite store (87/00119/B) this included a hot food take away. Unit 2 has also had approval for conversion from a retail unit to a coffee house although this did not include any extraction system. ASSESSMENT - 6.1 The issue here is whether the use is appropriate to the location and whether there would be any adverse impact from noise, appearance or odour from the proposed extraction system.
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6.2 The site is in a village centre location close to other shops and services and within easy walking and public transport distance from a large proportion of the population. The location is therefore considered appropriate for this type of use. It is important for a town or village centre to be successful and this is partly the result of the variety and quality of outlets available and a range of different options for shoppers, including those seeking take away and sit in dining. - 6.3 Whilst there is an objection from the operators of the tourist units opposite, there is also support from the Commissioners whose offices are further up the same street. Whilst the Commissioners' offices are unlikely to be occupied at the times of operation of the take away, they are representative of the local population and have first hand knowledge of the operation of the laundrette and its extraction system. - 6.4 The extraction system will not be processing oily or strong smells and will discharge into an area alongside a well used public highway. The distance between Bridson House and the exhaust system, as well as the noise and activity of passing traffic will ameliorate any nuisance to the occupants of Bridson House or any other residence in the vicinity. - 6.5 The proposal is considered acceptable and is recommended for approval subject to conditions controlling the hours of operation as stated in the application.
PARTY STATUS 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
The owners of Bridson House Holiday Apartments
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted Date of Recommendation: 29.03.2017 17/00242/B Page 3 of 5
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
This decision relates to drawings 1392.1, 1392.2 and the location plan all received on 28th February, 2017.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 12.04.2017 Determining officer
Signed : C BALMER Chris Balmer Senior Planning Officer
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