15 April 2010 · Delegated
Trevelyan, 18, Palace Terrace, Douglas, Isle Of Man, IM2 4ne
The proposal involved converting the existing basement staff quarters of the Trevelyan hotel into a fast food takeaway. Physical works would have included a new 1,250mm wide opening in the boundary wall at street level, steps, a hardwood door, and render to match the existing building, with minor internal alterations. The site sits within the Promenades Conservation Area in Douglas, in close proximity to residential properties. The application was refused on two grounds. First, the comings and goings of customers at a takeaway in such close proximity to habitable room windows would severely undermine the amenity of residents in the building and surrounding area through noise and general disturbance. Second, the change of use would not preserve or enhance the character and appearance of the Conservation Area and would harm the visual amenities of the locality.
The takeaway use was refused because customer activity in close proximity to habitable room windows would cause unacceptable noise and disturbance to nearby residents, contrary to General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan 2007. The change of use would also fail to preserve or enhance the Promenades Conservation Area, contrary to Environment Policy 35.
Refusal Reasons
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area
The development fails with the requirements set out under Environment Policy 35
Environment Policy 35: 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. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan
Consequently the development would be contrary to General Policy 2
General Policy 2: 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. 6.3 Development outside of areas zoned for development
Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties
Environment Policy 22: Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution. 7.17.2 In addition to the above, changes in the activities associated with the current permitted use of land or a building, which in themselves do not constitute development and therefore do not require planning permission, can have an adverse impact on adjacent properties by virtue of noise, light or general disturbance. For example the addition of security lig hting on a property may cause light pollution affecting adjacent properties and the wider area. The introduction of new activities into established parks and recreation areas can have an impact on neighbours. In such cases the Department would advocate t he person or organisation considering the change to give careful consideration to the potential impact of such activity in terms of location, siting and design.
