Officer Planning Report Recommendation

Planning Report And Recommendations {{table:475339}} ### Considerations {{table:475336}} ### Written Representations {{table:475337}} ### Consultations {{table:475338}}

Officer's Report

The Application Site And Planning Application

The application site comprises a commercial property that is located within the Port Jack area of Onchan

The planning application seeks approval to change the use of the property from a hairdressers to a sandwich shop selling hot and cold food.

Planning History

The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.

Representations

Onchan District Commissioners recommend that the planning application be approved.

The Department of Transport Drainage Division do not oppose the planning application.

The owner and/or occupant of 2 Royal Terrace, which is located approximately 75 metres east of the application site, object to the planning application. The grounds for their objection can be summarised as concern regarding parking provision, smell nuisance, littering and general disturbance.

Planning Policy

In terms of local plan policy, the application site is located within a wider area of land that is designated as shopping use under the Isle of Man Planning Scheme (Onchan Local Plan) Order 2000 Map No. 1.

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application.

General Policy 2 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:

• (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."

Environment Policy 22 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 airbourne pollutants; and iii) vibration, odour, noise or light pollution."

ASSESSMENT

The planning application seeks approval to change the use of the property from a hairdressers to a sandwich shop selling hot and cold food.

In terms of general principle, the proposed use accords with the land use designation under the Onchan Local Plan. It therefore remains the role of the planning application to assess the site specific impacts of the proposed use. In this regard, the applicant has advised that their proposed opening hours are 08:00 - 15:30 Monday to Friday and 08:00 - 13:30 Saturday. They have suggested that they may open later for specific event nights such as firework displays, etc. None of these proposed hours are considered to be unreasonable or potentially harmful to the amenity of residential properties within the surrounding area. Whilst it is not the applicant's intention it would be appropriate, if approved, to restrict the opening hours of the premises so it could not be operated as a late night/early morning takeaway. In terms of the type of food proposed to be sold they have advised that it will be primarily cold food but with some hot food. At this stage they are unsure of exactly what the hot food they will serve and therefore do not know what, if any, extraction system will be needed. It is considered appropriate to attach an informative note to any planning approval to advise that any future extraction system may constitute development and require planning approval.

The impact of the proposed use on the amenity of the surrounding area is considered to be suitably limited. It is recommended that the planning application should be approved.

PARTY STATUS

It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:

Onchan District Commissioners; and The Department of Transport Drainage Division.

It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:

The owner and/or occupant of 2 Royal Terrace.

Conditions and Notes for Approval / Reasons and Notes for Refusal

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

• : Notes attached to refusals

C 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.

C 2. This approval relates to the property defined by the red line on the location plan date stamped the 28th April 2009.

C 3. The use hereby permitted by this approval shall only be open to customers between the hours of 08:00 and 18:00 Monday to Saturday (inclusive). Opening outside of these hours will only be allowed subject to prior written agreement from the Planning Authority.

N 1. It is noted that at this stage the need, if any, for extraction equipment is unknown. The applicant is advised that the external installation of extraction equipment may constitute development and may therefore require planning approval. It is recommended that further advice in this regard is sought from the Planning Authority if necessary.

I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : 16 July 2009

Signed : Maurice Senior Planning Officer

Recommendation
Recommended Decision:	Permitted
Date of Recommendation:	13.07.2009