19 October 2023 · Acting Head of Development Management (Abigail Morgan)
Flat 1, 37, Nelson Street, Douglas, Isle Of Man, IM1 2aj
The proposal involves changing the ground floor use at 37 Nelson Street from a beauty salon (Class 1.1) to a food and drink outlet (Class 1.3) serving only cold foods like cured meat platters, with no hot food preparation or cooking on site (reheating off-site food permitted).
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The officer assessed the proposal as acceptable in principle within the Mixed Use Area 3 - Strand Street, where there is a presumption in favour of food and drink uses.
Spatial Policy 5
Requires consideration of design and visual impact. The minimal frontage alterations and awning were found acceptable in the streetscene and Conservation Area context.
Strategic Policy 1
Governs development in Douglas. The town centre mixed-use location supported the change to food and drink use.
General Policy 2
General Development Considerations. The proposal was acceptable in principle without detrimental impacts on character, highways, or amenities.
Environment Policy 35
Development within Conservation Areas. The awning and change of use did not harm the Athol Street and Victoria Street Conservation Area.
Environment Policy 42
Designed to respect the character and identity of the locality. The proposals respected the town centre streetscene.
Transport Policy 4
Highway safety. Highway Services confirmed no significant negative impact after revised plans.
Transport Policy 7
Parking. No concerns raised regarding parking impacts.
Mixed Use Proposal 3
Area Plan for the East (2020) - Mixed Use Area 3 - Strand Street. Presumption in favour of range of uses including food and drink establishments.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. 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.
Restriction to cold food only
The use of the food and drink establishment hereby approved shall be limited to be preparation and sale of cold food, and explicitly restricts the preparation, cooking and selling of hot food on the premises. This restriction does not extend to the reheating of food prepared off-site. Reason: The preparation and cooking of hot food did not form part of the application and would require further assessment as to its wider impact.
No objections.
Revised plans do not have a significant negative impact on highway safety, network availability and/or parking. Applicant advised to obtain café seating licence from Douglas BC and oversailing licence from DOI for awning.
Highway Services HDC and Douglas Borough Council both raised no objections to application 23/00853/B, with Highways requesting a condition on awning height and noting licence requirements.
Highway Services HDC
Conditional No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking, providing the awning is conditioned to not be any lower than 2.6m at any point. Licences will be required for the cafe seating area and oversailing the highway approved from the DOI.
Conditions requested: awning is conditioned to not be any lower than 2.6m at any point
Highway Services HDC
No ObjectionHighway Services HDC note the application 23/00853/B revised plans dated 31st August 2023 online and they still do not have a significant negative impact on highway safety, network availability and/or parking.
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections.
