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Case Officer: Mr Edmond Riley Photo Taken: 16.07.2014 Site Visit: 16.07.2014 Expected Decision Level: Officer Delegation
1.1 The application site is nos. 7-17 Wellington Street, Douglas, which is a modern building constructed for the purposes of offices, shops and a café/bar. Those approved uses remain, albeit that the café/bar has been vacant for the past couple of months. In the basement of the building is a nightclub.
1.2 Various town centre-related uses exist in the area, with the application site building located adjacent a pedestrianized street connecting Duke Street to the east and Nelson Street to the west. A service yard exists to the rear (south) of the site.
2.1 Proposed is the change of use of the existing ground floor café/bar to a disco/nightclub. This nightclub would operate separately from the basement nightclub. Previously it was occupied by a Slug and Lettuce franchise. The applicant sought advice as to whether or not planning approval would be required for the change of use from the existing to the proposed use; it was advised that this would be needed since a nightclub/disco would probably be considered a "sui generis" use, and also because the impact of a nightclub use would be different to that of a bar/café and, as such, a proper assessment should be made of such a proposal.
2.2 No external works are proposed; a number of internal changes are proposed at the basement level, with those proposed at the ground floor far more minimal by comparison. In any case, the planning application itself is solely concentrated on the change of use to the ground floor.
2.3 The applicant has advised that the opening hours will be as follows:
They also advise that the premises is unlikely to be open Sunday to Thursday (inclusive) "unless it is festive/TT/Manx/bank holidays".
| Application No.: | 14/00675/B |
| Applicant: | AM Leisure Ltd |
| Proposal: | Conversion of ground floor from cafe / bar to a disco / nightclub |
| Site Address: | 7 - 17 Wellington Street |
| Douglas | |
| Isle Of Man | |
| IM1 2PQ |
3.1 Approval was granted for the erection of the building itself under PA 99/02334/B and with alterations to the gable wall design approved under 00/01375/B.
3.2 Planning application 00/02299/B sought approval (which was granted) for the additional use of the ground floor to include a shop, café/bar or restaurant, while planning application 00/02300/B sought approval (which was also granted) for the additional use of the basement as a nightclub/public house.
3.3 Since then, two applications for express consent to erect advertising were granted under PAs 02/00387/D and 07/00635/D.
4.1 On the Douglas Local Plan maps, the site falls on the edge of the "Predominantly Shopping" zoning; to the immediate south lies an area designated as "Predominantly Offices".
4.2 The Strategic Plan contains the following policies of relevance. General Policy 2 reads (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:
4.3 There are no policies that relate specifically to discos/nightclubs or even to similar uses in the Strategic Plan. While there are policies protecting against the loss of community facilities, this really only applies in more rural areas where such facilities are rarer and their protection more important as a result.
5.1 Douglas Borough Council offers no objection to the planning application.
5.2 Highway Services do not oppose the planning application.
5.3 The managing director of Abode, a retail business operating from adjacent to the application site, offers comments on the planning application. They advise that (i) considerable catering rubbish was left in the rear yard and Environmental Health were contacted with concerns; the yard has been cleaner since the Slug & Lettuce ceased trading; (ii) staff smoked cigarettes within the doors of the shared exit and smoke would get into Abode and cigarette butts would litter the shared exist doors inside & out, and (iii) music was played in the downstairs nightclub, usually on Saturdays, and that this was very disruptive to the daytime trading, and they ask that music is not played downstairs by the new tenants during the day.
6.1 As the development proposed relates solely to a change of use without any (external) physical works, the key issue is the extent to which the proposed use is appropriate for the building itself and compatible with surrounding uses. It must be noted in the first instance that no residential properties are within the immediate area.
6.2 The building's original use, comprising a mixture of town centre uses, neatly acknowledged the site's location on the edge of shopping and office zoning areas as identified in the Douglas Local Plan. It is not considered that a nightclub/disco is in itself incompatible with other town centre uses, and especially not with those surrounding the site. The fact that one nightclub already exists in the same building gives some weight to this judgement, albeit it should be noted that some local concern has been raised during the course of this application in respect of the noise created by that basement nightclub. The land to the north and west is occupied by car parks, while further afield are offices, shops and a gym. None of these could be said to be unduly harmed from the proposed use, especially given the expected opening times of the unit.
6.3 Comments that have been received in respect of the noise nuisance created from the use of the basement nightclub cannot be addressed as part of this application since, although internal changes are shown, no approval is being sought to that basement level. However, it is fair to assume that a new nightclub/disco above would have an additional impact over and above that already in existence and, as such, it is welcome that opening times have been identified by the applicants; these opening times are late and would be highly unlikely to conflict with shop opening times, with the result that the cumulative impact of the two nightclubs/discos is judged acceptable.
6.4 Highway Services have not objected to the application. The similarity between the uses is such as to be unlikely to generate any additional traffic levels or parking requirements; it is noted, in any case, that a public car park exists nearby.
6.5 Other comments that have been received in respect of tidiness of yard areas and cigarette smoke are not material Planning considerations in this instance and cannot be taken into account as part of the assessment of the application. The same is true for the internal works proposed. It is noted that no new external area for public smoking is proposed.
7.1 On the basis of the above, it is not considered that the proposal would have an unduly harmful impact - whether individually or cumulative with other, adjacent uses - on the amenity of the area from a public or private point of view. As such, it is recommended that approval be granted, subject to a condition restricting the opening hours of the unit in line with those identified by the applicant.
8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure) (No2) Order 2013 and Article 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient
interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
Recommended Decision: Permitted
Date of Recommendation: 16.07.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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.
No customers shall be served or remain in the building outside the following hours Sun to Wed (inc.) 10pm to 1am; Thu to Sat (inc.) 10pm to 3am.
Reason: In the interests of public amenity.
This approval relates to the following plans, date-stamped as having been received 30th May 2014: 14-05-01-100, 14-05-01-101 and 14-05-01 10.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : 27/7/14
Signed : _________________________ Chris Balmer
Senior Planning Officer
Signed : _________________________ Michael Gallagher
Director of Planning and Building Control Signed : _________________________ Jennifer Chance
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