DEC Officer Report

Application No.: 19/00829/C Applicant: Rose Estates Ltd Proposal: Change of use of level 3 to the North Side of the main entrance to Victory House from office (Class 2) to food and drink (Class 3) Site Address: Victory House Prospect Hill Douglas Isle Of Man IM1 1EQ Planning Officer: Mr Nick Salt Photo Taken: 26.09.2019 Site Visit: 26.09.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 10.09.2019 _________________________________________________________________

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.

N .1 The applicant is advised that the implementation of the use hereby approved would automatically lapse the concurrent change of use proposal (19/00828/C) and that the two uses could not be undertaken concurrently or subsequent to each other.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 24th July 2019:

• o 1903-VH-102 (Site Plan)
• o 1903-VH-101 Locations Plan
• o 1903-VH-102 (Existing Plans and elevations)
• o 1903-VH-203 Proposed Plans

And the Planning and Design Statement 1903-VH-V3 date stamped received on 4th September 2019. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS BROUGHT BEFORE THE PLANNING COMMITTEE FOR DETERMINATION AS IT COULD BE CONSIDERED A DEPARTURE FROM THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.

1.0 THE SITE - 1.1 The application site is Victory House, Prospect Hill, Douglas. The site is a large multistorey 1970's office building. The front of the building follows the curvature of Prospect Hill, fronting onto the highway and footpath. - 1.2 The application building is not within a conservation area but the road and buildings opposite to the west are within the Athol Street / Victoria Street Conservation Area. The main entrance is via steps leading from the main street onto level 3 of the building, an additional entrance further north on the front elevation has been approved via 1/00431/B also onto level

• 3.

2.0 THE PROPOSAL - 2.1 Proposed is the change of use of level 3 of the north side of the building (north of the entrance) from office use (Class 2) to food and drink use (Class 3). No external works are proposed with this application.

3.0 PLANNING POLICY - 3.1 The application site is designated as Predominately Offices on the Douglas Local Plan

1. The site is outside of the conservation area but bounds both the Athol Street and Victoria Street Conservation Areas to the front elevation.

3.2 Whilst it is not currently in force, the Draft Area Plan for the East shows the site as being within Mixed Use Area 3 (Strand Street). The Central Douglas Masterplan contains a project proposal (SS4) for a new connection between St Georges and Strand Street including the demolition of Victory House (application site). - 3.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application; - 3.4 General Policy 2 (GP2) (in part) "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;
• (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."

3.5 Environment Policy 36 "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area." - 3.6 In the Draft Area Plan for the East, paragraph 9.8.3 states:

• 3.6.1 Mixed Use Area 3 -

"This area forms the core of the retail shopping area and is characterised by shops, food and drink uses, financial and professional services and other associated town centre uses such as hairdressers, beauticians and so on. The area is currently busy during daytime but quiet of an evening and it is considered that more residential uses would benefit the area and help support the night time economy. The primary shopping frontage is notated by the hatched line on Map

• 5."

3.6.2 Town Centre - Mixed Use Proposal 3

"There will be a presumption in favour of retail, and ancillary town centre uses such as food and drink and health and beauty uses along the primary shopping frontage. Outside of the primary shopping frontage a wider variety of town centre uses including financial and professional services open to visiting members of the public will also be acceptable. Entertainment venues, Offices and residential use will be acceptable at first floor level and above, but not at ground floor level where an active frontage should be maintained and enhanced. These active frontages are essential to sustain an attractive town centre."

- 4.0 PLANNING HISTORY

4.1 There are no past planning applications for this site which are materially relevant to this application, although there is a concurrent application for the site for a change of use to Retail (19/00828/C). - 4.2 Planning approval has been given for 17/00110/C for the change of use of 2 Nelson Street to "either retail (Class One); or hair and beauty; or beauty." That unit is also within an area of 'Predominantly Offices'.

- 5.0 REPRESENTATIONS

5.1 Douglas Borough Council have no objection to the application (18.09.19). - 5.2 DoI Highway Services have no objections to the application (27.08.19).

- 6.0 ASSESSMENT

6.1 The key considerations in the assessment of this change of use application are:

• o The principle of the change of use to food and drink;
• o The potential impacts on wider amenity;
• o Parking

6.2 Principle of the Change of Use

• 6.2.1 This consideration is the regarded as the most important one. As the site is within Douglas Town Centre, a mixed variety of uses is generally regarded as acceptable. The site is sitting vacant and wider possibilities for its use may increase occupancy potential and ensure the vibrancy of the wider town centre.

• 6.2.2 However, what is important to consider is whether the use of this site for a food and drink establishment/s, in a 'predominantly offices' zoning would increase the pressure on nonoffice uses to move into areas further from the main areas of retail and leisure such as Strand Street, The North Quay etc. Additionally, it important that valuable office space is not lost.
• 6.2.3 Whilst it is not adopted, the Draft Area Plan for the East is a material consideration as it provides a more up-to-date assessment of appropriate land uses. In it, the application site is shown as being within Strand Street mixed use proposal area. A food and drink use would be acceptable within such a town centre mixed use zone dominated by retail and food/drink outlets and is considered ancillary to the predominant retail use of the Strand Street area. Food outlets have successfully operated and continue to do so in this part of Prospect Hill, one reason for this may be the close proximity to surrounding offices.
• 6.2.4 Whilst it is important to retain useable office space within the town centre of Douglas, to reduce pressure on out of town sites, the site in question has remained vacant for some time. In future, a fresh change of use application could reinstate the site as offices if required. Overall, the proposed use in not unacceptable in principle for the reasons outlined above.

6.3 Wider Amenity impacts from food and drink use

• 6.3.1 In principle, it is not considered that the use of this town centre location as a food and drink premises would result in demand through pedestrian or vehicle traffic in excess of that which would result from the office use. It is possible that parking demand would be reduced as a result. There may be increased odour from the preparation of food - particularly to the rear of the site. However, there are other restaurants etc. in the vicinity, and the area is not residential in nature. Such impacts would likely be considered proportionate to the location.

6.4 Parking

• 6.4.1 Of the existing use - office space, and the proposed - food and drink, the office space would generate a higher demand for parking. There is parking to the rear of the site which is occupied by another part of Victory House - there would be no additional spaces for the new use. If retained as offices, based on the Strategic Plan parking standards of one space per 50m2, 13 spaces would be required. For food and drink use in the town centre, there are no set standards. However, it is likely that the staffing requirement would not exceed 13 persons, and if so, it is unlikely that all 13 persons would drive to work separately in cars. The town centre location of the site would likely result in workers in Douglas walking to the site to use it, or patrons parking in the public car parks within Douglas as with existing food and drink premises. It is not considered that there would be unacceptable impacts on parking in the town centre.

• 6.4.2 This view is reciprocated by Highway Services, who note: "Given the extant use of the site and its location within the town centre, the change of use will not have any negative highways impact therefore no objections." It is therefore considered that no such issues are likely to result.
• 7.0 CONCLUSION

7.1 In summary, the proposed change of use may be considered at odds with the Douglas Local Plan land use designation but is considered broadly acceptable for the reasons outlined above. The application is recommended for approval. - 8.0 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : …Permitted……….... Committee Meeting Date:…07.10.2019

Signed :…………N SALT…………….. 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

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