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The application site is situated on the north western side of Empress Terrace. The building is currently hotel. The site is within an area zoned as Tourism/Residential/Offices. The site is also within a Conservation Area. To the north east of the application site is No.3 Empress Terrace, which is a hotel
The application is seeking permission for the continuation of a takeaway business from the premises during the hours of the restaurant service.
The applicant has indicated that the restaurant area is open during the following hours:
The applicant has indicated that the planning application forms that the takeaway will only be a food delivery service.
Isle of Man Strategic Plan 2007: General Policy 2, Environment Policy 22, Environment Policy 35, Business Policy 10, Transport Policy 4
Isle of Man Planning Scheme (Douglas Local Plan) 1998
07/01139/R – Retention of extension and extractor flue to rear elevation – pending consideration. 06/02006/B – Conversion of restaurant to cater for non-residents – granted 2nd February 2007 03/00093/B – Installation of replacement uPVC windows to front elevation – granted 12.06.2003
The Highways Division of the Department of Transport have objected to the application on the grounds that no short term parking is available to permit customers to wait while collecting takeaway goods from the premises. As such vehicles will be stopped in a single-carriageway highway, blocking it and preventing the flow of onward-moving traffic.
Douglas Corporation – No objection
The owners of No.3 Empress Terrace strongly object to this restaurant having a take away. They are also concerned about the increased traffic, people parking illegally, increased noise and concern about hours of opening.
The Isle of Man Fire and Rescue Service advise the applicant to consult the Fire Safety Department.
Business Policy 10 of the Isle of Man Strategic Plan 2007 states that "Retail development will be permitted only in established town and village centres, with the exception of neighbourhood shops in large residential areas."
Transport Policy 4 of the Isle of Man Strategic Plan 2007 states that "The new and existing highways where serve any new development must be designed as to be capable of accommodating the vehicle and pedestrian journey generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
The main consideration in the determination of this application is whether the proposal use would impact on the locality.
The application site is within an area zoned as Tourism/Residential/Offices. On either side of the building are guesthouses. While to the rear of the application site are apartments which front onto Mona Drive. On the opposite side of the road to the application site are a set of apartments. There are other residential properties in the vicinity of the application site. There would be a reasonable expectation amongst local residents for the peaceful enjoyment of their homes particularly in the evening.
The applicants are applying for a takeaway delivery service. The hours of operation are to be restricted to the current hours of opening for the restaurant. Should this prove to be a successful business this could result in external customers calling throughout the evening, well above the existing users of the restaurant i.e. the internal guests and external patrons. It would be difficult to differentiate between customers of the restaurant and customers for the takeaway. Customers arriving on foot would probably be unnoticed, but it is likely that a fair proportion would arrive by car.
There is no provision for customer parking. This proposal could attract people from a wider area and these persons would likely come by motor vehicles and then park on street. This means that customers and delivery vehicles would park outside the property or in nearby streets. In my view, this would generate a degree of disturbance from slamming car doors and revving of engines as cars arrive and depart. I therefore consider the hot food take-away would cause harm to the residential amenity of the neighbouring land uses through increased noise and general disturbance.
Furthermore, when this is full, cars would have to either park some distance way from the site, illegally on double yellow lines or block the single width carriageway of Empire Terrace. In my view the addition use of the property as a takeaway will result in an increase in the frequency and number of vehicles visiting the premises to an undesirable degree thereby adding to the already unsatisfactory parking situation and thus increasing the problem of traffic congestion and the potential accident hazard. Therefore any parking on Empire Terrace would be detrimental to the free flow of traffic and highway safety and the amenity of the occupiers of nearby properties.
I therefore recommend that the application be refused for the above reasons.
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 IoM Fire and Rescue Service 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
Recommended Decision: Permitted Refused
Date of Recommendation: 20.08.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
R 1.
The proposed use would cause demonstrable harm to the amenities of nearby residents from increased noise and general disturbance, particularly late at night.
R 2.
No provision can be made for adequate and safe off-street parking of customer’s or delivery vehicles. Therefore, such vehicles are likely to be parked in Empire Terrace and other nearby roads to the detriment of the free flow of traffic and road safety and the amenities of occupiers of nearby properties.
I confirm that this decision accords with Government Circular Nos 44/05 (Delegation of Functions to Director of Planning and Building Control) and 47/05 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted by P.C. Date: 6/9/07
Signed: ___________________________ M. I. McCauley Director of Planning and Building Control
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