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Application No.: 22/00247/C Applicant: Dazan Ltd Proposal: Change of use from a Retail/Leisure facility to Class 1.3; selling food or drink for consumption on the premises and the installation of rear flue and installation of rear storage Site Address: Unit 1-3 Villa Marina Arcade Douglas Isle Of Man IM1 2HN Planning Officer: Mr Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 23.05.2022
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
The semi-openness and neoclassic architectural character of the colonnade is preserved and the use of the colonnade as part of the restaurant does not deny public access and therefore preserves an important part of the public realm in Douglas.
This application is considered to comply with General Policy 2, Environment Policy 35 and Transport Policy 7 of the Strategic Plan, Planning Policy Statement 1/01 and Urban Environment Proposal 2 of the Area Plan for the East.
This approval relates to the documents, JTM2138A-P-01, JTM2138A-P-02, JTM2138A-P-03, JTM2138A-P-04 as having been received on 24th March 2022.
_______________________________________________________________ Interested Person Status – Additional Persons
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The site is the commercial curtilage of Villa Marina Colonnade, 1-3 Harris Promenade, three single-storey units located on the south of Harris Promenade. It is close to Villa Arcade and the frontage is part of the Villa Marina Colonnade. The units are vacant at the moment. - 1.2 The Colonnade forms part of the Villa Marina Complex, which includes the arcade. This development dates back to the early 20s century and has subsequently undergone renovation and improvements. - 1.3 The Colonnade provides a covered walkway. It is open to the seaward facing side and supported by pairs Doric columns. It also provides shelter to the shop units, which face the inner side of the Colonnade.
2.0 THE PROPOSAL - 2.1 The proposed is the change of use to a restaurant with a bar (Use Class 1.3). The covered walkway will be used for seating while maintaining a central passageway for the public to use. - 2.2 The proposal also includes the installation of a flue on the rear elevation and the installation of storage facility outside the rear elevation. - 2.3 The proposal will be open from 9am - 1am Monday to Sunday (seven days a week) to provide a place to eat and drink during the day and night.
3.1 Conversion from a retail/leisure to a restaurant (class 1.3) was REFUSED under PA 21/00827/B and is at appeal at the moment. The difference from the current application is its inclusion of glazed enclosing of the colonnade. - 3.2 The reason of refusal were that the enclosure would negatively impact the character and appearance of the Conservation Area due to its contemporary elements against the classic architectural reference of the colonnade. The enclosure would also disrupt the continuous appearance of the covered walkway, which would also negatively impact the character and appearance of the area but also diminish an important part of the existing public realm, which is protected by section 6.7 of the Area Plan.
Site Specific
4.1 The site is within an area designated as Mixed Use (Villa Marina Gateway) in the Area Plan for the East. The site is also within a Proposed Comprehensive Treatment Area (Villiers). Area Plan for the East - 4.2 The written statement of the Plan states: "In order to maintain and enhance the vitality and attractiveness of the area, there will be a presumption in favour of (i) the retention of cultural and entertainment venues, (ii) the establishment of new entertainment and leisure venues, plus supporting food and drink uses. Development which conflicts with these uses will generally not be supported." - 4.3 Section 6.7 of the Statement defines public realm as: "publicly accessible areas between buildings; the streets, paths, squares and parks that people use and move through on a dayto-day basis." - 4.4 Paragraph 6.7.2 states: New and redeveloped elements of public realm must be designed to reinforce or complement the distinctive character of the local area and to ensure that they are attractive, safe, accessible and well connected to their surroundings. - 4.5 Urban Environment Proposal 2 states: "All new development and regeneration proposals within the Comprehensive Treatment Areas and Douglas Town Centre must demonstrate design elements to provide and enhance areas of public realm through sensitive and context-specific design." - 4.6 Paragraph 13.7.1 of states that within the area: "Re-development of the wider area would not be discounted, although where existing buildings are attractive and have a sound fabric, they should be incorporated into any wider scheme." - 4.7 CTA Proposal 1 - The Villiers (Treatment Plan) states: "Development of this area shall include office, leisure, retail, hotel, residential, entertainment venues, food and drink uses and public open space or a combination thereof; or the laying out of the site as public open space/town square in its entirety." Planning Constraints - 4.8 The site is within the Douglas Promenade Conservation Area. - 4.9 The site is not overlapping with a public right of way and is just outside the flood risk area. Strategic Policy - 4.10 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: Principles of Developments - 4.11 Strategic Policy 4 states: "Proposals for development must:
4.12 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."
4.13 General Policy 2, which provides an overall requirement for all development, states: "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:
Visual Design
4.14 Environment Policy 35 states: "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." This is reiterated in CA/2 of the PPS 1/01. Business - 4.15 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan." Parking - 4.16 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." - 4.17 Appendix 7.6 states that for town centre shops, there should be space for Space for service vehicle use. - 4.18 For Assembly and leisure use, there should be one space for every 15 square metres of gross floor space. Others - 4.19 Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regards to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes." - 4.20 Infrastructure Policy 5 particularly states that "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources." PPS and NPD - 4.21 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.
4.22 POLICY CA/1 Identification of the Special Character states that "It is the quality and interest of areas, rather than that of individual buildings which should be the prime consideration in identifying conservation areas." It also lists some features that are likely to make a major contribution to the overall interest of an area.
5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". Other Material Considerations - 5.2 The Douglas Promenade Conservation Area Character Appraisal states (page 18) that "Structural problems with the original colonnade walkway have resulted in a replicate of the original design, set back from its original building line to enable better traffic circulation." - 5.3 The appraisal also states that "The group of buildings which make up the frontage of Harris Promenade area unique and provide a rich and varied architectural statement, justly deserving Conservation Area Status." - 5.4 Central Douglas Masterplan 2014 has project proposals for the area. The future role of the area was set as "Early evening hub". Short term project VM1 states: "The Villa Marina Arcade will focus on food and drink to support early evening activity and flexible letting to enable small boutique /craft workshop start -up business." - 5.5 Short term project VM3 states: "Increase activity interface with the Colonnade and Villa Marina gardens." The explanatory notes states: "The complex offers little interaction with the Gardens, there is opportunity for activity to spill out into the Gardens, and for the Arcade to drive footfall through to the Garden space. This would be beneficial to both operators within the Arcade but also generate activity within the Garden space." - 5.6 The site is not overlapping with any adopted highway (ownership/authority is not a material consideration).
6.1 Douglas Borough Council has no objection to this application (08.04.2022). - 6.2 DoI Highway Services does not oppose this application (07.04.2022). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking.
7.1 Highway Services has confirmed that the site DOES NOT overlap with either any adopted highway (referred to as public highways/road in many comments) nor a part of a public right of way. The legality of public usage/right of public usage of the colonnade part of the site is a civil matter and is not within the legal capability of planning. The legality of public usage/right of public usage of a site is also not a material consideration in a planning application, unless a public right of way is involved. However, the effect on public amenities of the colonnade part of the site has been used/could not be used by the public is still a material consideration and this will be elaborated later in the assessment. - 7.2 Following 7.1, the placement of tables and chair in the colonnade part of the site constitutes a development and would require planning approval. It will be assessed as such.
7.11 The site is located within a town centre location and there are spaces available alone the promenade for the use of service vehicles. Therefore, it is considered that the impact on parking provision is acceptable. Public Amenities - 7.12 The colonnade has been used by the public for almost a century. According to Section
6.7 of the written statement of the Area Plan, it can be seen as a part of the public realm. The placement of tables and chairs would still allow a walkway being maintained between the tables, albeit narrow, the continuation of the walkway would still prompt the general public to use this section as a walkway. Therefore, it is considered that the character of the public realm is maintained by the proposal and therefore comply with Urban Environment Proposal 2 of the Area Plan. - 7.13 The site is within town centre and there are pubs open to similar hours in late night. Therefore, it is considered a condition on opening hours is not necessary for this application. - 8.0 CONCLUSION
8.1 This proposal is considered to comply with General Policy 2, Environment Policy 35 and Transport Policy 7 of the Strategic Plan, Planning Policy Statement 1/01 and Urban Environment Proposal 2 of the Area Plan for the East. Therefore, it is recommended for an approval.
8.2 The semi-openness and neoclassic architectural character of the colonnade is preserved and the use of the colonnade as part of the restaurant does not deny public access and therefore preserves an important part of the public realm in Douglas. - 9.0 INTEREST PERSON STATUS
9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
9.2 The decision-maker must determine:
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 27.05.2022 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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