16 March 2010 · Delegated
14, North Quay, Douglas, Isle Of Man, IM1 4le
Permission was granted for alterations, a rear extension, and a change of use of the first floor from residential to restaurant at 14 North Quay, Douglas, Isle of Man. The property is a mid-terrace building situated in a Mixed Use Town Centre area, adjoining 13 and 15 North Quay. The application was assessed against the site's context and surroundings. Officers found the proposal acceptable in terms of its siting, layout, scale, form, and design, and concluded it would not harm the character of the local townscape or adversely affect public views of the sea. The decision was made under delegated authority by the Director of Planning and Building Control, with six conditions attached to the permission.
The application was approved on 16 March 2010 by the Director of Planning and Building Control under delegated authority. The proposal was found to respect the site and its surroundings in terms of siting, layout, scale, form, and design, and was not considered to harm the character of the surrounding townscape or public views of the sea.
General Policy 2
specific points b, c, e, g, and j
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
Environment Policy 35
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area
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.
Environment Policy 22
identified in the Isle of Man Strategic Plan
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.
Condition 1
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Condition 2
This permission relates to the internal alterations and the erection of an extension to the rear elevation, and the change of use of first floor from residential to restaurant shown in drawings WL/09/1141/1, WL/09/1141/2, WL/09/1141/3 and WL/091141/4 received 23rd December 2009.
Condition 3
The rating level of the noise emitted from kitchen extract plant shall not exceed: Daytime ( $0700-2300$ hours) 45 dB LAeq, 1 hour Night-time (2300 - 0700 hours) 40 dB LAeq, 5 minutes Measured at the facade of any noise sensitive premises. Measurements shall be made according to BS 4142:1997.
Condition 4
Prior to the commencement of works, the location of the fan motor for the external flue shall have been submitted to and approved in writing by the Planning Authority, and thereafter the fan motor shall be installed in accordance with the approved details.
Condition 5
Prior to the first use of the restaurant, the first floor of the application site (14 North Quay) shall be sound proofed in accordance with Approved Document E of the Building Regulations.
Condition 6
The occupancy of the second floor and attic residential accommodation shall be restricted to persons employed in the restaurant premises.