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Application No.: 22/00206/C Applicant: Monapoli Limited Proposal: Change of use from a sandwich bar (class 1.3) to a hot food takeaway (class 1.4) Site Address: 6 Prospect Hill Douglas Isle Of Man IM1 1EJ Planning Officer: Mr Peiran Shen Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 14.04.2022
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Monday to Thursday 8:00 a.m. - 6 p.m. Friday 8:00 a.m. - 10:00 p.m. Saturday 10:00 a.m. - 10 p.m. Bank Holiday 8:00 a.m. - 10:00 p.m. TT Period 8:00 a.m. - 10:00 p.m.
TT Period is from the day of the first race to the day of the last race.
Reason: In the interests of the public safety and as the application has specifically listed these times and the application have been considered on this basis.
This application is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan.
Plans/Drawings/Information; This approval is related to the document, location plan, floor plan as having been received on 22nd February 2022 and email correspondence last received on 30th March 2022. _______________________________________________________________
Additional Persons
None _____________________________________________________________________________
THE APPLICATION IS BROUGHT BEFORE THE COMMITTEE AS THE LOCAL AUTHORITY HAS MADE WRITTEN REPRESENTATIONS OBJECTING TO THE APPLICATION AND THE APPLICATION IS RECOMMENDED FOR APPROVAL.
1.0 THE SITE - 1.1 The site is the commercial curtilage of 6 Prospect Hill, the ground floor of a three-storey mid-terrace property located on the east of Prospect Hill, close to its junction with Athol Street.
2.0 THE PROPOSAL - 2.1 The proposed is the change of use from a sandwich bar on the ground floor (Use Class
3.1 Conversion of premises to sandwich bar was APPROVED under PA 94/01565/B. - 3.2 Installation of a replacement shop front was APPROVED under PA 21/01269/B.
4.1 The site is within an area designated as Mixed Use (Strand Street) in the Area Plan for the East.
4.2 The Written Statement states that "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." - 4.3 The site is within the Athol Street and Victoria Street Conservation Area. Strategic Policy - 4.4 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: Principles of Developments
4.5 Strategic Policy 4 states: "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest." - 4.6 Strategic Policy 10 states: New development should be located and designed such as to promote a more integrated transport network with the aim to: (c) not adversely affect highway safety for all users. - 4.7 General Policy 2, which provides overall requirement for all development, 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:
Visual Design
4.8 Strategic Policy 3 focuses on the visual design of developments, they states that the design should take account of the local materials, character and identity of its immediate locality, in terms of buildings and landscape features. Focused on landscaping. - 4.9 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." This is also reiterated in CA/2 of PPS 1/01. Environment - 4.10 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island." Parking - 4.11 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." - 4.12 Appendix 7.6 states that for town centre shops, there should be space for service vehicle use. Other - 4.13 Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regards to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes."
4.14 Infrastructure Policy 5 states that "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources." PPS and NPD - 4.15 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.
5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7. - 6.0 REPRESENTATION
6.1 Douglas Borough Council does not object to this application (14.03.2022). In the meantime, the comment strongly object to any "waste receptacles being stored outside of the property on the pedestrian pavement area".
6.2 DoI Highway Services object to this application (10.03.2022). The comment states that the proposal would exacerbate parking violation on the double yellow line and impose difficulty for bus to manoeuvre the road. - 7.0 ASSESSMENT Conservation Areas Statutory Test
7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve or protect the character of the Conservation Area.
7.2 The change of use does not involve external alteration. The potential placement of waste bin will be conditioned to be avoided. Therefore, the proposal is considered to passes the test. Elements of Assessment
7.3 The key consideration in the determination of the application are the principle of development, its impact on the character and streetscene of the area, on parking provision and on Highway Safety. Principle of the Development - 7.4 The proposal is along a mixed use area which is characterised by businesses including "food and drink use". Therefore, it is considered that the proposal is principally acceptable. Character and Streetscene - 7.5 As mentioned in 7.2, a condition will be attached that no waste bin is allowed to be placed on the pavement. Therefore, it is considered that there is no negative impact on the character and streetscene of the area. Parking Provision
7.5 There is no change in the number of parking space required as both the existing and proposed use is considered to be town centre shops. Therefore, it is considered that the impact on parking provision is acceptable.
8.1 The proposal is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan. Therefore, it is recommended for an approval. - 9.0 INTEREST PERSON STATUS
9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
9.2 The decision-maker must determine:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Committee Meeting Date: 25.04.2022
Signed : P VISIGAH 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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