17 August 2018 · Planning Committee (decision confirmed by Presenting Officer O Gore)
Buttery Cafe, 49, Duke Street, Douglas, Isle Of Man, IM1 2au
The site at 47 and 49 Duke Street is a four-storey terraced property on Douglas High Street's pedestrian thoroughfare, currently with a café at No.49 and shop at No.47 on the ground floor, storage on the first floor, and apartments above.
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The ground floor change from retail (Class 1) to coffee shop/restaurant (Class 3) is a departure from the 'Area of Predominantly Shopping Use' but considered acceptable as a town centre use, with take…
General Policy 2
Requires development in accordance with zoning to respect site/surroundings (siting, scale, design), not adversely affect townscape character, amenity of residents, or locality, and provide satisfactory access/parking. Assessed compliant as Class 3 use suitable for town centre despite departure, shop fronts improve appearance, low amenity/highways impact with conditions.
Environment Policy 22
Cited in conditions for hours and extraction to protect neighbouring residential amenity from noise/odour. Officer assessed restaurant similar to existing café, with controls ensuring no significant detriment.
Environment Policy 36
Permits development outside but close to Conservation Area boundaries if no detriment to important views. Shop front changes do not detrimentally affect views into/out of Athol St/Victoria St Conservation Areas.
Housing Policy 17
Permits conversions to flats in residential areas with adequate space, pleasant outlook, parking if practical. First-floor apartment from storage has clear outlook from principal rooms over high street; para 8.13.4 specifically supports living over shops unless amenity loss, which is absent here.
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Use restriction
Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) the ground floor and first floor areas of the buildings, where identified on the submitted drawing No - 2 - Proposed Floor Layouts, date-stamped as having been received 6 April 2018, shall not be used for any use except for Class 3 (food and drink). Reason: To control development in the interests of the amenities of the surrounding area.
Operating hours
The class 3, restaurant use, hereby approved, shall only be open for use by customers, between the hours of 0700 and 2230 hours on any given day of the week. Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.
Extraction equipment approval
Prior to the installation, details of equipment to control the emission of fumes and smell from the premises shall be submitted to and approved in writing by the Department. These details shall include but are not limited to details of the locations and appearance of the external ducts and methods of Odour abatement and Noise attenuation. The use shall not be undertaken unless the equipment has been installed in accordance with the approved details. The use shall not operate unless in strict accordance with the approved details. Reason: In the interests of the amenity of neighbouring residents in accordance with General Policy 2 and Environmental Policy 22 of the Isle of Man Strategic Plan 2016.
do not oppose; lack of on-site parking accepted due to town centre location with public parking and public transport access
no objection
Isle of Man Constabulary objects due to crime prevention concerns related to takeaway operations and poor management of the service lane, while Highways Services and Douglas Borough Council raise no objections.
Key concern: takeaway premises acting as 'honey pots' increasing crime and anti-social behaviour opportunities
Isle of Man Constabulary
ObjectionResearch has shown that takeaway type premises act as 'honey pots.' They cause persons to remain in the area for an inordinate period of time increasing the opportunities for criminal or anti-social behaviour; I object to this application on the grounds stated; the service lane in a poor state, there is no formal approach or general care being adopted. Bins are strewn from side to side disused pallets and builder's rubble left against the walls
Conditions requested: trading hours are controlled; bins should be kept in a bin store on the applicant's property and only placed out on a collection day then safely returned; bins should be easily identifiable; bins should be kept away from windows when not being used and chained to a fixed position to prevent them being moved
Highway Services Division
No ObjectionHighway Services does not oppose the application.; Recommendation: DNO
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections to the listed applications.
