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The application site forms the curtilage of 30 Douglas Street, Peel, a three storey terraced property with attic accommodation. The property is described as having two shops at ground floor level with
one access point to Douglas Street; Shop 1 and Shop 1a and two separate planning applications have been submitted for the ground floor area.
The application site is located within the Peel Conservation Area and within an area zoned as Mixed Use.
In addition to the general policies within the adopted Isle of Man Strategic Plan, the following policy is considered to be relevant:
Environment Policy 35: 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.
There have been a number of previous planning applications in relation to the application site; however none of these are considered relevant in the consideration of this application; however the following applications are currently being considered by the Department:
PA 07/00747/C – Change of use of ground floor residential rooms to cafe, 30 Douglas Street.
PA 07/00750/B – Convert one first floor residential use to use as a holistic therapy centre and provision of associated off road parking top rear, 30 Douglas Street.
The application proposes the change of use of the ground floor of the building described in this application as a cake shop to use as a café.
The Department of Transport Highways Division advise that they do not oppose the application and the Chief Fire Officer advises that a Note should be added to any subsequent approval. The Disability Access Officer submits comments relating to access which are primarily Building Control issues. The owner of 32 Douglas Street has submitted representation which relates primarily to land ownership in relation to the party wall and area at the rear which is indicated for parking in a subsequent application. The owner of Davisons Manx Dairy Ices objects to the development on grounds of competition.
The application proposes the change of use of the ground floor rooms, in this application described as in retail use to a café, with no external alterations, which it is considered will not adversely affect the special features contributing to the character and quality are protected against inappropriate development. It is therefore considered that the main consideration in relation to this application is the impact of the proposal on the residential amenity of adjacent occupiers.
The application site is located on the edge of the commercial area of Peel town centre (albeit within an area designated as Mixed Use), opposite the Post Office and within close proximity of a public car park and as such is not in a predominately residential area where one would not expect to find such uses. At ground floor level, it is considered that the use would not result in adverse impact on the amenity currently enjoyed by the adjacent occupier sufficient to warrant refusal of the application, particularly if a condition is attached to the application seeking to control the hours of opening.
The two representations submitted relate to matters that are not material planning considerations and are therefore not considered to comply with the provisions of Planning Circular 1/06 in relation to this particular application.
It is recommended that the application be approved.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status:
Local Authority.
Department of Transport Highways Division
Accordingly the following parties are not afforded Interested Party Status:
ISle of Man Fire and Rescue Disability Access Officer Mr J F Kerruish, 32 Douglas Street, Peel Mr I G Davison, Castlebay Seafoods Ltd, Mill Road, Peel
Recommended Decision: Permitted
Date of Recommendation: 16.08.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the plans and information submitted as part of this application and date stamped 17th April 2007.
C 3. The cafe hereby permitted shall not be open to customers outside 0900-1730 hours on Mondays to Saturdays. The cafe shall not be open Sundays or Bank Holidays.
N 1. PRIOR to the commencement of any works, the developer must consult with the Fire Prevention Officer with regard to the provision of fire hydrants, and, prior to the occupation of any dwellings, must implement the recommendations arising from this consultation.
17 August 2007 07/00749/C Page 4 of 4
17 August 2007 07/00749/C Page 4 of 4
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