DEC Officer Report

Application No.: 19/00979/C Applicant: Isle Of Gelato Proposal: Additional use of Class 1 retail premises to include Class 3 use (retrospective) Site Address: Isle Of Gelato 42 Bucks Road Douglas Isle Of Man IM1 3AD Planning Officer: Mr Nick Salt Photo Taken: 26.09.2019 Site Visit: 26.09.2019 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 26.09.2019 _________________________________________________________________

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 decision relates to the following plans and drawings, date stamped received on 4th September 2019:

• o HLK/19/0155 3 - Location Plan
• o HLK/19/0155 2 - Site Plan
• o HLK/19/0155 1 - Floor plans _______________________________________________________________

Interested Person Status – Additional Persons None

Officer’s Report

THIS APPLICATION IS BRIGHT BEFORE PLANNING COMMITTEE FOR DETERMINATION AS IT IS CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL.

1.0 THE SITE - 1.1 The application site is Isle of Gelato, 42 Bucks Road, Douglas. The site building is a two storey end terrace on the corner of Bucks Road and Albert Street - formerly 'Bikestyle'. - 1.2 The application building is not within a conservation area but backs onto Windsor Road Conservation Area. The site is currently zoned for Class 1 (Retail) Use. This part of Bucks Road is characterised by retail premises and restaurants.

2.0 THE PROPOSAL - 2.1 The application is retrospective for the additional use of the property to include Class 3 (Food & Drink) Use. No external development is proposed with this application.

3.0 PLANNING POLICY - 3.1 The application site is designated as Predominately Residential on the Douglas Local Plan 1998. As previously noted, the site is not within a conservation area but backs onto Windsor Road Conservation Area - 3.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered specifically material to the assessment of this application; - 3.3 General Policy 2 (GP2) (in part) "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:

• (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;

• (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."

3.4 Environment Policy 36 "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."

4.0 PLANNING HISTORY - 4.1 The previous change of use from a laundry/cleaners to a bicycle retail shop was approved (95/01087/C).

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council have no objections to the application (18.09.19). - 5.2 DoI Highways Services do not object to the application (18.09.19).

6.0 ASSESSMENT - 6.1 The key considerations in the assessment of this change of use application are:

• o The principle of Class 3 use on the site;
• o The potential impacts on wider amenity.

6.2 Principle of the Use

• 6.2.1 The area is zoned as predominantly residential, and therefore any additional use for other purposes may be considered contrary to this. However, the existing retail use is also not in keeping with the land use zoning. The street scene is characterised by such uses on the ground floors throughout, whether restaurants, shops or clinics.
• 6.2.2 It is considered that an exception to the Local Plan should therefore be made given the previous/existing retail use and the situation on the wider area of Bucks Road.
• 6.3 Wider Amenity impacts from Class 3 use

• 6.3.1 It is not considered that the impacts from customer visits and related activities from the food and drink use would differ greatly from retail use. With use as an ice cream café this is certainly the case. Where this could change would be the potential use as a restaurant - which would also fall under Class 3. Such a use could involve more intensified food preparation and the use of fume extraction to the rear, close to the Albert Street terraced dwellings. Any extraction fans in future would however need planning approval, and could be sited 10-15m from any window on Albert Street, which may alleviate impacts from the prevailing southwesterly wind. This is therefore not considered sufficient reason for refusal in this instance.
• 6.3.2 As with the retail use, there is good pedestrian links to the town centre via footpaths, and this would not be notably impacted. Parking is not provided on the site, however this has always been the case. The staff parking demand is not likely to be greater for Class 3 use than Class 1 use. Premises with no off-street parking are the norm on Bucks Road. For access for delivery vehicles, there is an access lane to the rear as well as on-street short term parking/waiting on Bucks Road outside the front of the shop.

7.0 CONCLUSION - 7.1 In summary, the proposed change of use may be considered at odds with the Douglas Local Plan land use designation but is considered broadly acceptable for the reasons outlined above. The application is recommended for approval.

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:…07.10.2019

Signed :…………N SALT……….. 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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