DEC Officers Report

Planning Officer Report And Recommendations {{table:39967}} Case Officer: Mr Chris Balmer Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

1.0 THE APPLICATION SITE 1.1 The application site is 12 Prospect Terrace, Woodbourne Road, Douglas which is a three storey traditional mid-terraced property located on the eastern side of Woodbourne Road and northeast of the Rosemount Public House.

2.0 THE PROPOSAL 2.1 The application seeks approval for the conversion of existing hot food takeaway premises to a cafeteria and hot food takeaway premises. The works include the removal of the existing counter and kitchen area and replaced by a new seating area and toilet facilities. The new kitchen would be relocated to the rear of the property. No extensions are required to accommodate the new facilities. The proposal will also re-use the existing flue system. 2.2 Alterations to the front window are also proposed, these include extending the existing window film (semi-translucent) from the door to the lower section of the main window.

3.0 PLANNING HISTORY 3.1 The previous planning applications are considered relevant to the determination of this proposal: 3.2 Installation of an extractor flue to rear elevation (Retrospective) - 09/01967/R - APPROVED 3.3 Change of use from existing bakery to a hot food take-away - 08/02184/C - APPROVED 3.4 Retrospective application for installation of two timber sliding sash windows to replace existing to second floor front elevation (conservation area) - 05/01030/R - APPROVED 3.5 Upgrading of existing residential floors to create a self-contained apartment with new access to rear - 04/01833/B - APPROVED 4.0 PLANNING POLICY

4.1 The site is designated within an "Area of Predominantly Residential Use" under the Douglas Local Plan 1998. The site is within a Conservation Area.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application:

4.3 General Policy 2 state: "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."

4.4 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

5.0 REPRESENTATIONS 5.1 Douglas Borough Council has recommended an approval (received on 21st January 2015). 5.2 Highway Services do not objection (received on 9th January 2015).

5.3 The owner/occupant of Glen Kella, Mountain Road, Douglas, who indicates she is the co-owner of the business, has objected to the application which can be summarised as; works have commenced; the business is actually already violating the hours of operation within their conditions of their currently planning; similar cafes within a 1 minutes' walk from the property; and current ventilation system is not working correctly and sounds like a jumbo jet about to take off (received on 23rd January 2015).

6.0 ASSESSMENT

6.1 The key issues relate to the potential impact upon neighbouring amenities (overlooking, loss of light and/or overbearing impact) by the development and whether the

proposal would respect the character and appearance of the Conservation Area and the individual property.

6.2 In relation to the impacts upon neighbouring properties, the proposal will perhaps be an improvement to any nearby neighbouring properties, namely residences above the shops along Woodbourne Road, given the hours of operation are proposed to be reduced. Currently they are 10.00am to 11.30pm. The proposed hours are now 8am till 8pm. The flue system is also proposed to be retained as existing, although internal alteration will be made but this does not require planning permission. Overall, it is consider the proposal would have no significant impact to warrant a refuse of the application on the grounds that it will have a detrimental impact upon neighbouring amenities.

6.3 In terms of the visual appearance of the proposed works, it is considered the proposals are not especially intrusive and will not be detrimental to the visual appearance of the property or the Conservation Area. Overall, it is considered the works undertaken preserve the Conservation Area.

7.0 Recommendation

7.1 Overall, it is considered that the overall level of development contained within the proposals are relatively modest and in keeping with the character of the property, with suitably limited or no impact on the neighbouring properties. As such the proposal does not adversely affect public or private amenity and is therefore in accordance with General Policy 2 and Environment Policy 35 of the IOM Strategic Plan.

8.0 Party Status

8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.

8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

The owner/occupant of Glen Kella, Mountain Road, Douglas. On further investigation, this party is not the owner or co-owner of the company which is the applicant and who lease the property.

Recommendation
Recommended Decision:	Permitted
Date of Recommendation:	09.02.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

O : Notes attached to refusals

Signed :	Signed : Sarawett
Chris Balmer	Sarah Corlett
Senior Planning Officer	Senior Planning Officer
Signed :	Signed :
Michael Gallagher	Jennifer Chance
Director of Planning and Building Control	Head of Development Management

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 (including takeaway) or remain in the building outside the following hours 0800hrs till 2000hrs. Reason: In the interests of the residential amenity of the area. This approval relates to drawings reference numbers 1274.1 and 1274.2 all received on 23rd December 2014.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 25.2.15 Determining officer (delete as appropriate)