Loading document...
Application No.: 24/90970/C Applicant: Ms Romilda Dentith Proposal: Change of use from 1.1 (Shops) to 1.3 (Food and Drink) Site Address: Step N'Out Howard Street Douglas Isle Of Man IM1 2EQ Planning Officer: Russell Williams Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 14.01.2025 _________________________________________________________________
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.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.
This application has been recommended for approval for the following reason.
It is considered that the proposed change of use is compatible with the immediate setting of the application site and will bring a redundant unit back into active use, to the benefit of the local economy and vitality of the area. The proposed use will not give rise to unacceptable impacts upon residential amenity, the character or appearance of the Conservation Area, flood
risk or other matters of acknowledged planning importance. The proposals comply with Mixed Use Proposal 2 of the Area Plan for the East and General Policy 2, Environment Policies 13, 22 and 35.
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 3 September and 2 December 2024:
Site Plan - Document 1 Existing Floor Plan - Document 3 Basement Plan - Document 4 Cafe Floor Plan - Document 5 Bin Storage Plan and photographs
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection Local Authority - No Objection
It is recommended that the owner/company of the following properties should be given the Right to Appeal as they have submitted an objection that meets the specified criteria: Apartment 6, Seaforth House, Howard Street and 25 Loch Promenade, Douglas Seaforth Management Limited, Seaforth House, Howard Street, Douglas
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application site is the ground floor retail unit at Seaforth House, Loch Promenade, Douglas. The unit is accommodated within an existing four storey Victorian end-terrace building situated on a corner plot with Loch Promenade to the east and Howard Street to the north. - 1.2 The building has 8 no. residential flats at first, second and third floor level. The retail unit contains a basement area accessed internally.
2.0 THE PROPOSAL - 2.1 The application, as amended, seeks planning permission for the change of use of the unit from retail (Use Class 1.1) to A café selling hot and cold food and drink (Use Class 1.3). - 2.2 The application has been updated during the application process to confirm that the premises will be used as a café only and that the takeaway use (Use Class 1.4) referred to in the supporting letter is now removed. Further information has been provided clarifying bin storage arrangements. - 2.3 The applicant has submitted additional information in response to objector comments. The applicant has confirmed that the property will not be used as a traditional takeaway for various cuisines, but for cakes, biscuits, pastries and drinks. - 2.4 The applicant has also indicated on plan and with photographs the secure store to the rear of the building where bins will be stored - this forms an existing bin storage area.
3.0 PLANNING POLICY - 3.1 The site lies within an area designated as Mixed Use Area 2 (Promenade) on the Area Plan for the East. The site is within the Douglas Promenades Conservation Area but is not within Area of High Landscape or Coastal Value and Scenic Significance. - 3.2 General Policy 2 of the Strategic Plan is considered applicable, of which the following elements are relevant:
"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;
3.3 Community Policy 4 states: "Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable." - 3.4 Within the Area Plan for the East, Promenade - Mixed Use Proposal 2 states: "There will be a presumption in favour of retention, expansion and improvement of hotels and guest houses and ancillary food and drink uses. Proposals to enhance the public domain will be supported. Development which conflicts with these uses will generally not be supported." - 3.5 Environment Policy 10 relates to" Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4." - 3.6 Environment Policy 13 "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted." - 3.7 Environment Policy 22 relates to the protection of amenity. It states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
3.8 Environment Policy 35 relates to development in Conservation Areas. It states that:
"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."
4.1 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". - 5.0 PLANNING HISTORY
5.1 No recent or relevant history. 6.0 REPRESENTATIONS
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:
Douglas Borough Council - The applicant must engage with the Council's waste services management team and provide evidence that there is sufficient bin and recycling storage space available to accommodate the change of use to a takeaway business. The bin/recycling storage arrangements must be to the satisfaction of the Council prior to any approval being granted.
DOI Highway Services - No interest registered
6.2 2 representations have been received from a member of the public and the material planning points can be summarised as follows:
7.1 The key considerations in the determination of the application are: Principle of development
7.2 The application site is located within Douglas town centre and the ground floor unit of the application building currently has lawful use as Use Class 1.1 (retail).
7.3 Community Policy 4 of the Strategic Plan states that the change of use of retail units to alternative uses will only be supported if "the use is no longer commercially viable, or cannot be made commercially viable." - 7.4 The application is not supported by any form of report demonstrating the extent to which the unit has been offered for sale/lease/rent nor a viability appraisal assessing its ongoing financial viability as a retail unit. - 7.5 Notwithstanding, the unit has been unoccupied for a significant period of time and is in need of being put back into active occupation. Whilst there is minor conflict with Community Policy 4, it is pertinent to consider the implications of the Development Plan as a whole. - 7.6 In this regard, the Area Plan for the East (2020) postdates the 2016 Strategic Plan and Community Policy 4. Within the Area Plan for the East, Mixed Use Proposal 2 provides policy support for proposals that enhance the public domain. - 7.7 The application site is outside the primary shopping frontage and the proposed development is for a café (Use Class 1.1). Mixed Use Proposal 2 states that "There will be a presumption in favour of retention, expansion and improvement of hotels and guest houses and ancillary food and drink uses. Proposals to enhance the public domain will be supported. Development which conflicts with these uses will generally not be supported." - 7.8 The café will sell hot and cold food and drinks for sale on and off the premises. It will not, as described on the application form and amended description of development, operate as a hot food takeaway (Use Class 1.3). - 7.9 Having regard to the above, the proposed change of use is supported by Mixed Use Proposal 2 for the Area Plan for the East, being used that will enhance the public domain by bringing a vacant building back into active use and providing a suitable use that is compatible with the wider use of the area. Whilst there is some conflict with SP Community Policy 3, due to the absence of marketing/viability information, it appears clear to Officers that providing a suitable alternative use in an otherwise vacant premises will benefit the local economy and improve the vitality of the local area. The principle of development is therefore supported. Impact on residential amenity - 7.10 The application site is a ground floor unit but within a building otherwise occupied as residential flats. As such, consideration must be given to the impact of the proposed café use upon the amenity of residents both within the host building and also the surrounding area. - 7.11 General Policy 2 (g) of the Strategic Plan provides protection for amenity by stating that development proposals will be permitted where they do "not affect adversely the amenity of local residents or the character of the locality." Environment Policy 22 also affords protection to the amenity of nearby properties in relation to vibration, odour, noise and light pollution. - 7.12 Objection has been received from one occupant of a flat within the building who also writes on behalf of the Management Company that oversees the maintenance and general management of the property. Objection has been made to the originally described proposal that included Use Class 1.4 (hot food takeaway). Such a use was not included on the application form and the description of the development has since been amended to reflect Use Class 1.3 only.
7.13 Omission of the hot food takeaway use means that the premises will be used as a café, serving hot and cold food and drink, primarily for consumption on the premises. That said, there will be a degree of products being bought for consumption of the premises but this will form an ancillary function of the primary use. With no hot food takeaway, the need for extraction units, late night opening and other considerations is removed. With regard to the objectors comments on extraction, any external unit and flue would require the prior grant of planning permission, but the applicant has stated that any such system related to cooking/baking will be undertaken within the premises. Such is not uncommon for smaller scale cafes such as the proposal. - 7.14 The café will operate Monday to Saturday, 0800hrs - 1600hrs. - 7.15 It is considered that the combination of a café use (Use Class 1.3) and the limitations set out for the proposed operating hours, the impact of the proposal upon residential amenity of residents within the building and surrounding area will be negligible. Both the Use Class and operating times can be controlled by planning condition and such will afford residents with the an appropriate level of protection against unacceptable impacts upon their amenity, outside of normal working/opening hours. Impact upon character and appearance of the area - 7.16 The application site is located within the Douglas Promenades Conservation Area. The application seeks planning permission for change of use only, with no material works or alterations to the external fabric of the building. However, bringing the vacant building back into use will enhance the immediate setting of the site - 7.17 Accordingly, the proposals will not impact upon the character or appearance of the Conservation Area or visual amenity in the area. - 7.18 Any future alterations or signage will require a separate approval and do not fall to be considered under this application. Overall the proposal complies with General Policy 2 and Environment Policy 35. Flood risk - 7.19 Howard Street, off of which the application site is located, is identified on the Flood Risk map as being at high risk of flooding from surface water. It is not, however, at risk of tidal or fluvial flooding. It is questionable as to whether the building at 6 Howard Street is within the flood zone and the mapping would indicate that it is not. - 7.20 Notwithstanding, as the site is not at risk from fluvial or tidal flooding, a Flood Risk Assessment is not required. - 7.21 In regard to risk, the proposed use is comparable with the current retail use and a change of use to a café will not increase the flood risk vulnerability of operators/users. The proposed change of use is therefore acceptable, will not result in an unacceptable risk to users from flooding and complies with Environment Policy 13. Other Matters - 7.22 The applicant has submitted further information relating to bin and recycling storage and has indicated where such facilities will be located - within an existing secure bin store. This seems a logical location and is likely to be the same space in which the previous business storage refuge for collection. Such is considered to satisfy planning requirements and any further negotiations over refuge collection should be had between the applicant and Douglas Borough Council directly.
7.23 Comments have been received suggesting that the use may impact upon fire safety within the building. This is a matter that would be dealt with by Building Control and Licensing under separate legislation.
8.1 The application seeks permission for the change of use of a vacant retail unit to a café (Use Class 1.3). The proposal complies with Mixed Use Proposal 3 of the Area Plan for the East and whilst the application is not supported by viability or marketing evidence to satisfy Community Policy 3 of the SP, it is evident that the premises has been vacant for quite some time.
8.2 The proposed café use has been assessed as being low impact and will not generate significant levels of noise, odour or other forms of nuisance that might otherwise undermine the residential amenity of properties within Seaforth House and the immediate area surrounding the application site.
8.3 The development does not pose any increased risk from flooding and will not materially impact upon the character or appearance of the Conservation Area. - 8.4 In conclusion, it is considered that the proposed change of use is compatible with the immediate setting of the application site and will bring a redundant unit back into active use, to the benefit of the local economy and vitality of the area. The proposed use will not give rise to unacceptable impacts upon residential amenity, the character or appearance of the Conservation Area, flood risk or other matters of acknowledged planning importance. The proposals comply with Mixed Use Proposal 2 of the Area Plan for the East and General Policy 2, Environment Policies 13, 22 and 35.
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status, and/or rights to appeal.
Decision Made : Permitted Date : 16.01.2025 Determining Officer
Signed : S BUTLER Stephen Butler Head of Development Management
Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.
Copyright in submitted documents remains with their authors. Request removal
