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{{table:175248}} ### Considerations {{table:175249}} ### Written Representations ### Consultations
The application site is a retail unit located within a row of shops on the Prospect Terrace. The site is located within an area zoned as predominantly shopping within the Douglas Local Plan.
The application is seeking planning permission to change the use of the retail unit into Betting Shop.
Isle of Man Strategic Plan 2007; General Policy 2, Business Policy 10
Isle of Man Planning Scheme (Douglas Local Plan) Order 1998.
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| Application No.: | 07/01332/B |
| Applicant: | Joe Jennings (IOM) Ltd |
| Proposal: | Conversion of existing retail unit into a Betting Shop |
| Site Address: | 16 Prospect Terrace Douglas Isle Of Man IM1 3AL |
| Case Officer: | Mr Ian Brooks |
| Photo Taken: | |
| Site Visit: | |
| Expected Decision Level: | Delegation |
| Consulttee: | Highways Division |
| Notes: |
Douglas Corporation does not object to the application. However, the proposed use does raise concerns in that the shops forming Prospect Terrace are frequented by school children, particularly at lunch time, and therefore the nature of the intended use may be considered by some to be inappropriate.
Highways Division of the Department of Transport have not commented on the application.
Isle of Man Fire Service advises the applicant to consult with the Fire Safety Department to discuss fire precautions.
Business Policy 10 of the Strategic Plan states that "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5
The proposed use would be located within an area zoned as predominantly shopping in the Douglas Local Plan. This use is readily found in shopping areas. This is currently no other and would be acceptable in policy terms.
There is a separate flat above the unit and any noise from the unit may transit through to the flat and may become a nuisance. Any noise nuisance would be resolved by sound insulating the ceiling in accordance with the Building Regulations. I therefore consider any impact on the occupiers of the flat above from noise nuisance would be significantly reduced.
It is noted that Douglas Corporation have not objected about to the application but are concerned about the appropriateness of the use within the locality which serves local school children. This is moral issue and would not be considered to be a material consideration in the determination of this planning application.
I therefore recommend that the planning permission be granted subject to conditions.
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.
Recommended Decision: Permitted
Date of Recommendation: 31.08.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the change of use from a shop (Use Class 1 of the Town and Country Planning (Permitted Development) Order 2005) to a Betting Shop (Use Class 2 of the Town and Country Planning (Permitted Development) Order 2005) as shown in drawing number 07 0264/1 date stamped 16th July 2007.
C 3. Before the first use of the betting shop, the ceilings between the betting shop and the flat above shall be insulated to achieve sound attenuation in accordance with Part E of the Building Regulations 2007.
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 Date: 4/01/27
Signed: M. I. McCauley Director of Planning and Building Control
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