92/01160/CApproved
Change of use to pet shop
Permitted
2 February 2009 · Committee
The Pestle & Mortar Coffee Shop, 1a, Windsor Road, Douglas, Isle Of Man, IM1 3jx
The application sought to convert a vacant two-storey building at 1A Windsor Road — situated within a Conservation Area and an area designated as predominantly residential in the Douglas South Local Plan — into a café-style outlet selling hot and cold beverages and snacks. The premises would be physically connected to Hemensleys Pharmacy next door via an 800mm internal door, with the intention of serving pharmacy customers waiting for prescriptions. A significant number of nearby residents objected, raising concerns about litter, vermin, seagulls, smells, youth gatherings, parking pressure, and the risk that the use could evolve into a fast food outlet. The application was approved by the Planning Committee subject to three conditions, including a condition restricting opening hours.
The proposal was judged acceptable because the restricted daytime opening hours and the absence of hot food or takeaway service addressed concerns about youth gatherings and amenity impacts. The use was seen as complementary to the adjoining pharmacy rather than a standalone fast food outlet.
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
Isle of Man Strategic Plan
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
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area
Isle of Man Strategic Plan
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.
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 change of use from retail to the sale of hot and cold beverages and snacks (falling within Class 3 of Schedule 4 to the Town and Country Planning (Permitted Development) Order 2005) as shown in the location plan and floor plan date stamped 2nd October, 2008.
Condition 3
The premises shall not be open to customers outside the hours of 0830 to 1800 daily on Mondays to Fridays and 0900 to 1700 on Saturdays.
Change of use to pet shop
Permitted