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Application No.: 09/01782/B Applicant: Cunard Hotel Ltd Proposal: Conversion of basement area to a licenced restaurant/public bar Site Address: - Cunard Apartments - 28 - 29 Loch Promenade - Douglas - Isle Of Man - IM1 2LY ### Considerations Case Officer: Mr Gary Barr Photo Taken: - Site Visit: - Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee: Highways Division Notes: Do not oppose has no traffic management, parking or road safety implications. Consultee: Douglas Corporation Notes:**
The application site represents the curtilage of "Cunard Apartments" 28 - 29 Loch Promenade. This three storey building is located to the south of Kensington House and north of the Methodist Church on the Loch Promenade in central Douglas.
The proposed planning application is seeking approval for the conversion of the basement of the building to a licensed restaurant and public bar. The only external alterations to the property would consist of forming two new entrances to the basement (one an entrance and one an exit) and staircases and railings.
The application site is located within the Douglas Promenades Conservation Area which is zoned as an area of "Predominately Tourism" under the Douglas Central Plan adopted by Tynwald in 1998. The following policies within the adopted Isle of Man Strategic Plan 2007 are considered relevant - 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 22 states:
"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".
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".
PLANNING HISTORY The following previous planning applications should be considered in the assessment and determination of this application: PA 01/01793/A - Approval in principle for the conversion of hotel into ten apartments - Permitted PA 02/02025/B - Conversion of hotel into ten holiday/residential apartments - Permitted REPRESENTATIONS 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 implications. 24 February 2010
09/01782/B
The land use zoning for this area of Douglas is designated as Predominately Tourism and the proposed change of use would be contrary to this use. However, it is judged that with the site currently used as apartments and previously used as a hotel and with the site surrounded by a number of mixed uses (tourist and residential accommodation, public houses, various retail and fast food outlets etc), the principle for the development would be compatible with its surrounding uses and is considered acceptable in this instance.
It therefore remains the role of the planning application to assess the site specific impacts of the proposed use. It is considered that the siting of the proposed restaurant / public house within Douglas Town Centre is where you would expect one to be, and with the area having a mixture of uses, the proposed use appears to be reasonable and would not be detrimental to the amenities of the town centre.
However, the proposed restaurant / bar would be within the same building as existing apartments, and in particular, there would be two apartments directly above the proposed premises. With a public bar and restaurant in such close proximity to the permanent residential apartments, it is judged that the amenity of occupiers of the apartments above would be adversely affected as a result of the projected noise from the premises. Anticipated noise from restaurants / bars such as this (within the same building as permanent residential accommodation), have a long history of complaints due to their incompatibility. As a result, the Planning Authority should not approve an application if it will adversely affect future occupiers of the above apartments, which we believe will be the case if the proposal is permitted. If of particular relevance is that patrons of the proposed bar would have to pass by the large windows of the flats; the noisy and / or intoxicated individuals could not only cause a disturbance but they may also appear intimidating.
The application site is within the Douglas Promenades Conservation Area and it is judged that the proposal would have a limited adverse impact on the character of the building and the locality. But given that there are identical basement entrances in the vicinity (at Chester House Hotel and Admiral House - Aperitivo) and numerous fire escapes (i.e. at 20, 21 and 22 Loch Promenade) it is considered that such an affect would not outweigh the fact that planning approval has already been granted, and implemented, for other similar developments. Having said this, the buildings with basement entrances have either restaurants or temporary accommodation above; and not permanent accommodation as is the case in this instance.
Furthermore, the proposed change of use would not have an adverse impact on the car parking issue in the locality, which is further supported by the Highway Divisions comments that the proposal would not result in any traffic management, parking or road safety implications.
It is recommended that the planning application should be refused.
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
Date of Recommendation: 24.02.2010
The proposed use would be likely to severely undermine the amenities of the residents above by reason of noise and potential vibration; and general disturbance through the comings and goings of customers in such close proximity to habitable room windows. Consequently the development would be contrary to General Policy 2 and Environment Policy 22 of the Isle of Man Strategic Plan, 2007.
I confirm that this decision accords with Government Circular No 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: Refused Date: 26/2/10 Signed: __________________________ Senior Planning Officer
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