25 July 2008 · Delegated - Senior Planning Officer Mrs F Mullen
4, Bathurst Street, Douglas, Isle Of Man, IM2 3hh
The proposal involved changing the use of a ground-floor retail unit from a hairdressing salon (Use Class 1) to a hot food takeaway (Sui Generis) at 4 Bathurst Street in Douglas, with internal alterations shown on drawings P01 and P02 Rev A.
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The officer assessed the proposal against the locality's mixed retail/residential character, noting an adjacent existing hot food takeaway and no land use policy prohibiting takeaways in residential a…
General Policy 2
General Policy 2 is relevant but not detailed specifically; applied in overall assessment of development acceptability in context.
Environment Policy 22
Requires no unacceptable harm to amenity via odour, noise etc.; officer found smells controllable by conditioned extraction equipment, ensuring no material harm to nearby properties.
Community Policy 7
Requires design to prevent criminal/anti-social behaviour; addressed by restricting hours per police recommendation to avoid late-night 'honey pot' effects in residential area.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the change of use from hairdressing salon (Use Class 1) to a hotfood takeaway (Use Class Sui Generis) as shown in drawing numbers P01 and P02 Rev A date stamped 23rd April 2008.
Opening hours
The use hereby permitted shall not be open to customers outside 1700-2200 hours on Mondays to Saturdays. The use hereby permitted shall not be open on Sundays and Bank Holidays.
Extraction scheme approval
No development shall take place until a scheme for the extraction of cooking fumes, vapours, and odours, which is generally in accordance with the email from McGarrigle and Jackson dated 23rd July, has been submitted to and approved in writing by the Planning Authority and thereafter it shall be installed prior to the first use of the unit as a take-away.
Ducting colour coating
Any scheme submitted in accordance with condition 4 shall include provision for the colour coating of any external ducting installed as part of that scheme.
Extraction maintenance
Any scheme submitted in accordance with condition number 4 and 5 shall be retained for so long as the permitted uses subsists and maintained at all times in accordance with the manufacturer's instructions.
Do not oppose
No objection
Approve
Douglas Corporation Drainage has conditional no objection subject to drainage separation, waste management, and compliance conditions; Isle of Man Constabulary recommends restricting operating hours; Highways Division has no objection; Fire and Rescue Service recommends consultat…
Key concern: late-night operations attracting criminal and anti-social behaviour in residential area
Borough of Douglas Drainage Services
Conditional No ObjectionDouglas Corporation acting as the agent for the Department of Transport, under the Sewerage Act 1999 has no objection in principle to the above application subject to the following; it is an offence under Manx legislation to permit the discharge of polluting or harmful matter to any public sewers or watercourses
Conditions requested: Surface and foul water drainage from the new toilet extension must be separated and combine at the curtilage boundary at the rear of the property. Details of the drainage layout must be provided to the Borough of Douglas Drainage Department for approval, prior to any work commencing on site.; No discharges of fat or other food waste which will affect the performance of the public foul sewerage system will be permitted to enter the foul sewer. It will be the responsibility of the developer/occupier of the premises to provide satisfactory means of removal and disposal for such waste.; Appropriate measures must be taken by the developer/occupier of the premises to ensure compliance with the legislation.
Isle of Man Constabulary Architectural Liaison Officer
Conditional No Objectionlate-night takeaway type premises act as 'honey pots.' They cause persons to remain in the area for an inordinate period of time increasing the opportunities for criminal or anti-social behaviour.; it is imperative that this situation does not occur by default.
Conditions requested: a condition be placed upon any approval granted... to the effect that the premises may only operate between the times stated (5pm and 11pm daily)
Highways Division
No ObjectionDo not oppose
Isle of Man Fire and Rescue Service
Conditional No ObjectionI RECOMMEND THAT THE APPLICANT CONSULTS WITH THE FLATS INSPECTION TOWN AT THE FIRE SAFETY DEPARTMENT TO CHECK COMPLIANCE WITH THE FIRE PRECAUTIONS (FLATS) REGULATIONS 1996.
Conditions requested: THE APPLICANT CONSULTS WITH THE FLATS INSPECTION TOWN AT THE FIRE SAFETY DEPARTMENT TO CHECK COMPLIANCE WITH THE FIRE PRECAUTIONS (FLATS) REGULATIONS 1996
