DEC Offcer Report

Application No.: 19/00506/B Applicant: Mr M Sorbie Proposal: Alterations and installation of pizza vending machine Site Address: Just Pizza & Pasta Limited 7 - 17 Wellington Street Douglas Isle Of Man IM1 2AS Principal Planner: Mr Chris Balmer Photo Taken: 03.06.2019 Site Visit: 03.06.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 14.06.2019 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions 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.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers 1904-101 P2 and 1904-100 A all received on 2nd May 2019. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL

- 1.0 APPLICATION SITE

1.1 The application site is Just Pizza & Pasta Limited, 7 - 17 Wellington Street, Douglas which is a site located to the south side of Wellington Street and to the south of Marks and Spencer's. The current use of the site is Class 3 (Food & Drink).

2.0 THE PROPOSAL - 2.1 The application seeks planning approval for alterations and the installation of a pizza vending machine to the front elevation (north). The unit would have a width of 1.7m, a depth of 1.7m and a height of 2.3m. Some minor alterations would be made to the existing doorway/window of the adjacent entrance to accommodate the unit.

3.0 PLANNING HISTORY - 3.1 There are a number of planning applications associated with this site, however none are considered especially relevant in the determination of this application.

4.0 PLANNING POLICY - 4.1 The Douglas Local Plan 1998 identifies the site as being within an Area of "Shopping Use". The site is not within a Conservation Area. - 4.2 The following policies in the Isle of Man Strategic Plan 2016 are considered relevant. - 4.3 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."

5.0 REPRESENTATIONS - 5.1 No comments received at the time of writing this report.

6.0 ASSESSMENT - 6.1 The main issues with this application are the; principle use of the site for the purposes proposed; potential visual impact; potential traffic generation. USE OF THE SITE - 6.2 The proposal would enable members of the public to buy pizza straight from the street. It is therefore a hot food takeaway use, linked to the wider use as a restaurant. Hot food takeaway is excluded from Class 3 and so technically this would be an approval for an

additional use. The nature of this may be different in terms of the time, number and duration of visits by customers. Furthermore, it is technically a departure from the land use designation

• as shopping.

6.3 The unit would be located next to the shared access which currently serves an Italian restaurant (applicants) and a bar. The Italian restaurant current has opening hours of between 12noon and 10pm and currently also provides a "Take-Away" service. The existing restaurant would operate the pizza vending machine, albeit in the future this could not be the case. The bar appears to have operating hours from approximately 12 noon till late. There are no residential properties in the proximity and it is not considered the use of the proposal throughout the day or nights would raise any impacts to residential amenities in this area. The M&S car park is directly opposite the site. Accordingly, given is location and surrounding use of properties it is considered the proposal would fit with the land use designation and be compatible with the adjoin uses, acknowledging this proposal can operate 24 hours a day, seven days a week. - 6.4 The Department has sought comment form the Police's Architectural Advisor; however,

• at the time of writing this report the Department had not received comments. Should comments be receive these will be presented to the Planning Committee Members at the meeting. Generally, "take aways" can cause anti social behaviour related issues; generally in the early mornings after a Friday and Saturday. It is noted the unit is adjacent to an existing bar which has late night openings on these days. Accordingly, there is already likely to be potential present of security/police in the area (other bars close by) and arguable wouldn't be in an isolated position, not near other late night uses, which potentially stretch the police forces to different areas of the town.

POTENTIAL VISUAL IMPACT

6.5 The proposal will have similar appearance as a cash machine which is not uncommon in the area. Furthermore, given its size and position it would have very little visual impact within the street scene. POTENTIAL TRAFFIC GENERATION - 6.6 It is likely the majority of people would use this facility outside the hours of restaurants/take away and will likely be on foot rather than specifically drive to the site for a pizza. Accordingly, it is not considered traffic generation associated with this proposal would be high. As noted above, the restaurant already operates a "take away" service so this situation already exists, albeit they close at 10pm. However, if someone wished to use the pizza vending machine after 10pm there is parking available in the area. However, again it is not considered this proposal would generate significant traffic

7.0 CONCLUSION - 7.1 It is recommended that the planning application is approved with conditions.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : Permitted Committee Meeting Date: 24.06.2019

Signed : C BALMER 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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