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Application No.: 09/01480/B Applicant: Jing Wen Proposal: Change of use of existing restaurant into a resident dining area and installation of roof lights Site Address: Restaurant Ainsdale 2 Empire Terrace Douglas Isle Of Man IM2 4LE ### Considerations Case Officer : Mr Gary Barr Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose has no traffic management, parking or road safety Consultee : Douglas Corporation Notes: No objection Consultee : Chief Environmental Health Officer Notes: Correspondence sent to applicant. See original.
The application site represents the curtilage of "Ainsdale" 2 Empire Terrace. This large terrace building is situated approximately 10 m north east of the junction at Empress Drive and Mona Drive in Douglas.
The proposed planning application is seeking approval for the change of use of the existing restaurant into a resident dining area. There would be some minor internal alterations to form two staff rooms, a bathroom with WC and hallway to the rear yard. The proposed kitchen would be sited within the room of the existing restaurant.
There would also be three rooflights installed (one in each of the staff rooms and one in the hallway which runs from the dining area to the rear yard). 22 October 2009 09/01480/B
The application site is located within the Douglas Promenades Conservation Area which is zoned as an area of "Mixed Use - Tourism / Residential / Offices" under the Douglas South Local Plan adopted by Tynwald in 1998. The following policies within the adopted Isle of Man Strategic Plan 2007 are considered relevant and 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:
Environment Policy 35 states: "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".
The following previous planning applications should be considered in the assessment and determination of this application:
PA 03/00093/B - Installation of replacement uPVC windows to front elevation - Permitted PA 06/02006/B - Conversion of restaurant to cater for non-residents - Permitted PA 07/01139/R - Retention of extension and extractor flue to rear elevation - Permitted PA 07/01155/R - Continuation of a takeaway business from the premises - Refused
Douglas Corporation has no objection with the proposed development.
The Department of Transport Highways Division do not oppose - has no traffic management, parking or road safety.
Environmental Health Officer (Mrs C E Neeson) has requested that the applicant must address the following matters during proposed refurbishment works:
The proposed change of use is considered acceptable as it would require minimal alterations to the internal layout of the building and with only three rooflights being installed to the rear elevation. With the proposed external alterations located to the rear of the property, they would not be viewed from the public highway of Mona Drive (to the south west). As such, the proposed development would have a limited visual impact on the locality and would ensure that the special features contributing to the character of the Conservation Area are protected.
The proposed change of use would not have an adverse impact on the car parking issue in the locality (due to the proposed use only for residents), which is further supported by the Highway Divisions comments that the proposal would not result in any traffic management, parking or road safety implications.
RECOMMENDATION
For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted subject to conditions.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Douglas Corporation The Department of Transport Highways Division Environmental Health Officer (Mrs C E Neeson)
Recommendation
Recommended Decision: Permitted Date of Recommendation: 22.10.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
22 October 2009 09/01480/B Page 3 of 4
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the submitted Location Plan, Drawings No. 1 and 2 and Rooflight Details x2 all received on 7th September, 2009.
N 1. The applicant is advised to follow to guidelines set out by the Environmental Health Officer under the European Communities (Isle of Man) Act 1973 and associated Regulations Food Act 1996 and associated Regulations - Health and Safety at Work etc act 1974.
I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Permitted Date : 23/10/09
Signed : Senior Planning Officer
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