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Inside layout should have sufficient aisle width as to allow an unassisted wheelchair user to manoeuvre. All serving counters should contain at least one section suitable for wheelchair users. (e.g. low enough to use to write a cheque) Officer's Report
SITE The application site represents a two storey warehouse building on Lake Road, with the last use of the building being a tile and tools DIY centre. To the north of the application site is a private car park and to the north west of the application site is a Department of Transport Car Park.
To the south of the application site is the public highway of Lake Road and on the opposite side of the road is a Heritage Homes development site. Tesco's food store is located to the west of the application site, together with associated car parking.
PROPOSED DEVELOPMENT The application seeks permission to erect a second floor to the building for residential use and to convert the ground floor to hot food retail, garaging/storage and the first floor into office and part residential.
The proposed hours of operation are:-
It envisaged that 3 full time and 8 part time workers will be employed and the proposed flats will be utilised by the applicant.
The site is located in an area zoned as Town Centre in the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998.
The following previous applications are considered relevant to the consideration of this application:
Douglas Corporation do not object to the application and the Highways Division of the Department of Transport have objected to the application on the grounds that the proposed development does not offer sufficient parking for 80 square metres of office space and the staff/customers to the takeaway facility and that such uses would generate the need for 8 spaces.
The Isle of Man Fire and Rescue Service have commented on fire safety issues relating to the proposed flat.
The Architectural Liaison Officer of the Isle of Man Constabulary has commented on the proposed hours for the hot food takeaway and the potential problems with uncontrolled hours. The Isle of Man Water Authority advises the applicant to contact them with regard to changing the water supply.
Heritage Homes as adjacent land owner have commented on the following issues:
The occupiers of Wadham House, The Abbey Woods have objected in relation to parking issues, as a car park permit holder of the adjacent car park and the Disability Access Office has commented on access arrangement to the building.
There are considered to be two issues in this case. The first is the extent to which the appeal proposal would be harmful to the amenities of the existing and proposed neighbouring residential occupiers and the second is whether the development would impact on the highway network
The site is located in an area zoned as mixed use (Town Centre) in the Douglas Local Plan 1998. The site is effectively on the edge of the commercial area around the harbour although there are residential properties adjacent to the site together with the proposed Heritage Homes development on the opposite side of Lake Road. The harbour area is primarily one of commercial uses. There are a considerable number of restaurants, public houses and other similar establishments in the immediate vicinity and it considered to be a natural area for such uses. It should be noted that the Heritage Homes Development also incorporates two commercial units for food and drink uses.
These uses bring to local residents both advantages and less welcome disadvantages. It is unclear within the application where any extraction flues/vents could be located and these may be in close proximity to residential properties which are likely impact adversely on residential amenity. However,
it is considered that a properly designed and installed ventilation system would provide protection to the residential amenity of the existing and proposed residential properties.
I am concerned about the hours of opening particularly late in the evening which would create a noise nuisance to the future occupiers of the residential apartments opposite the application site. This would be further exacerbated by visitors and delivery vehicles coming and going from the site creating more noise and general disturbance from the area identified as vehicle store with garage doors to the Lake Road elevation. In a recent appeal for a fish and chip shop at Quines Corner, which is surrounded by residential above and on the opposite side of the road on Lord Street, the inspector considered that a properly run enterprise as proposed and subject to conditions regarding the hours of opening, would not create a noise nuisance materially increasing disturbance already apparent in the area. This proposal did not however include a vehicle delivery service with associated store leading from a despatch area. The Inspector recommended that the use should not be open to customers outside 0900-2200 hours Mondays to Saturdays and not be open Sundays and Bank Holidays outside 1200-1900 hours.
In terms of the impact on the residential flats above the proposed takeaway, the applicant has indicated that the first floor will be utilised by the applicant in association with the new residential flat on the second floor. I do not see how the first floor flat will be used in association with the second floor flat since it is a self-contained unit and the first floor flat may be difficult to control. It could be argued that a condition controlling its use would be too onerous as it may become difficult for the applicant to let the flat out. A condition requiring the flat to be used in association with the second floor flat could be attached but since the flat is self-contained it is unlikely that such association will occur or could be enforced.
In respect of the impact of the proposed extension and external alterations on the proposed residential apartments on the opposite side of Lake Road, the application site is set to the north of the proposed development. The north elevation of the residential apartments will have windows serving either living rooms or bedroom and communal staircases. The application proposes the insertion of windows at first floor level on the south facing elevation of the building which will serve the proposed office space or the lounge/dining area of the residential flat. The proposed extension to the building will create a new roof space with dormer windows which will serve a lounge/dining and bedroom. The separation gap between the proposed works to the application site and the new residential apartments would be approximately 9m. The normal practice is to have a separation distance of 20m between habitable windows. Whilst this may be unacceptable and would lead to overlooking and loss of privacy for the future occupiers of the proposed residential apartments, given that the adjacent site has not yet been developed, it is considered unreasonable to withhold planning permission based on the impact of the development on a scheme that may or may not be implemented.
In respect of parking provision, the Department of Transport have objected to the application on the grounds that the proposed development does not offer sufficient parking for 80 square metres of office space and the staff / customers to the take away facility. The Department of Transport consider that the uses would generate the need for 8 spaces and the application does not provide any off street parking for staff or visitors to the proposed takeaway. There is provision within the building for off street parking for delivery vehicles. It is considered that the need for off street staff parking will be significantly less as the site is located in a town centre location where it can be accessed by alternative modes of transport. Furthermore, the office space within the building is ancillary to the proposed use of the ground floor for a takeaway. It is considered that the parking demand would be far greater from visitors or delivery vehicles.
There are private spaces i.e. Tesco's and Department of Transport Permit parking spaces in the vicinity of the application site. However, these are not public spaces and therefore not available as parking spaces for the proposed development during the day. The Department of Transport's parking permit spaces may become available during the evenings when the spaces are not in use. In any case such parking for visitors is likely to be of a short term nature.
It is unclear from the submitted application whether the proposed use would generate significant levels of visitors. I do accept the proposal will generate additional visitor traffic which may impact on the highway network. The proposed use would more than likely attract visitors from the local area. However, there is insufficient evidence to indicate that the proposal will cause any adverse impact on the highway network and I therefore consider that a refusal on this ground could not be substantiated at appeal, given that the area is commercial in nature.
The proposal also provides off street parking for at least 2 car parking spaces within the garaging in connection with the proposed residential flats. These spaces can be allocated to each of the flats proposed. Furthermore, I do not consider there is a need for 4 spaces to be provided for the flat since the application site is located in a town centre location where the need for a car is significantly less.
The application is considered to be finely balanced; however, it is considered that the use of the proposed vehicle store and despatch area will impact adversely on the occupiers of the proposed apartments on first and second floor by reason of additional vehicle movements leading to an increase in noise and disturbance. Whilst the area is generally commercial in nature, the garaging proposed would introduce a further activity which it is considered would detract from the residential amenity that future occupiers of the apartments, whether they be used in association with the ground floor use or not, could reasonably expect to enjoy
It is recommended that the application be refused.
Whilst it is recommended that the application be refused, the following conditions are suggested should approval be subsequently granted:
1) The development hereby permitted shall commence before the expiration of four years from the date of this notice. 2) This approval relates to the plans and information submitted as part of this application and date stamped 30th November 2006, 1st December 2006, and 8th March 2007. 3) The hot food takeaway hereby permitted shall not be open to customers outside 0900-2200 hours Monday to Saturday and 1200 – 1900 hrs Sundays and Bank/Public Holidays. 4) No development shall take place until a scheme for the extraction of cooking fumes, vapours and odours has been submitted for consideration and approval by the Planning Authority. The extraction system shall be installed prior to the operation of the takeaway use. NOTE: Any scheme submitted shall include provision for the colour coating of any external ducting installed as part of that scheme 5) Prior to the commencement of the development a sample of roof tile must be submitted for consideration and approval by the Planning Authority. 6) The hotfood takeaway hereby approved may not be operated until such time as the car parking area has been provided, in accordance with the approved plans.
1) The applicant is advised to consult the Fire Safety Department as the proposal may fall within the scope of the Fire Precautions (Flats) Regulations 1996.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Whilst Isle of Man Fire and Rescue Service and Isle of Man Water Authority represents a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance.
It is considered that all parties who made representations to the planning application comply with the requirements of Planning Circular 1/06 – Determination of Interested Party Status with the exception of the Disability Access Office.
Recommended Decision: Refused
Date of Recommendation: 17.04.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The use of the proposed vehicle store and despatch area will impact adversely on the occupiers of the proposed apartments on first and second floor by reason of additional vehicle movements leading to an increase in noise and disturbance. Whilst the area is generally commercial in nature, the garaging proposed would introduce a further activity which it is considered would detract from the residential amenity that future occupiers of the apartments, whether they be used in association with the ground floor use or not, could reasonably expect to enjoy
Decision Made : [Handwritten signature]
Committee Meeting Date : 15/6/07
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