16 January 2025 · Head of Development Management (Stephen Butler)
Step N'Out, Howard Street, Douglas, Isle Of Man, IM1 2eq
The proposal involves converting a long-vacant ground floor retail unit within a four-storey Victorian residential building in the Douglas Promenades Conservation Area into a café serving cakes, biscuits, pastries, hot and cold drinks primarily for on-premises consumption, with ancillary off-premises sales.
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The officer concluded the change of use is compatible with the site's Mixed Use Promenade setting and brings a long-vacant redundant unit back into active use, benefiting the local economy and area vi…
General Policy 2
Requires development in accordance with Area Plan zoning without adversely affecting resident amenity, locality character, or providing inadequate access/parking/services. Officer assessed café as compatible with Promenade mixed use, low amenity impact due to hours/use, no access issues raised.
Mixed Use Proposal 2
Presumption in favour of food and drink uses ancillary to hotels/guest houses and proposals enhancing public domain in Promenade area. Officer found café brings vacant unit into compatible active use, enhancing vitality/public domain despite outside primary shopping frontage.
Environment Policy 13
Prohibits development causing unacceptable flooding risk on/off-site. Site not at tidal/fluvial risk, surface water risk nearby but use comparable to retail with no increased vulnerability.
Environment Policy 22
Prevents unacceptable harm to amenity from noise, odour, pollution etc. Café low-impact with no takeaway/extraction, limited hours ensure negligible effects on residents above.
Environment Policy 35
Requires development in Conservation Areas to preserve/enhance character. No external changes; reactivation enhances immediate setting without visual impact.
Community Policy 4 of Isle of Man Strategic Plan 2007
Permits retail loss only if commercially unviable with evidence. No marketing/viability info provided but long vacancy and Area Plan support outweighed minor conflict.
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.
Specific café use only
Notwithstanding the provisions of The Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the unit shall not be used other than as a café and for no other purpose within Use Class 1.3 (food and drink); of Part 1 of the Order at any time. Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.
Operating hours
The use hereby approved shall not be undertaken outside the following times: 08:00 - 16:00 hours Monday to Saturday. The use shall not be undertaken at any time on Sundays and/or Public Holidays. Reason: In order to maintain the amenities of the area.
No interest registered
The applicant must engage with the Council's waste services management team and provide evidence that there is sufficient bin and recycling storage space available
Highway Services has no interest in the application; Douglas City Council has no objection but requests evidence of sufficient bin storage for the takeaway; a local resident/Seaforth Management Director objects strongly due to impacts on residential amenity, lack of consultation, application irregularities, flood risk, and conservation area status.
Key concern: Unrestricted takeaway use adversely affecting residential amenity, property values, and mortgageability in predominantly residential building
Highway Services HDC
No CommentHighway Services HDC has no interest (NHI) in: 24/90970/C
Douglas City Council
Conditional No ObjectionDouglas City Council has no objections.; The applicant must engage with the Council’s waste services management team and provide evidence that there is sufficient bin and recycling storage space available to accommodate the change of use to a takeaway business.
Conditions requested: The applicant must engage with the Council’s waste services management team and provide evidence that there is sufficient bin and recycling storage space available to accommodate the change of use to a takeaway business. The bin/recycling storage arrangements must be to the satisfaction of the Council prior to any approval being granted.
Seaforth Management Limited (Director, Resident Apartment 6)
ObjectionI do not believe the application should be approved due to the consent for 'take away' (1.4) lack of engagement, consultation and consideration with the occupiers/owners in the immediate environment.; The proposal of a takeaway will have an adverse effect upon the residential area of 7 apartments.; The proposed application has the potential to adversely affect the quiet enjoyment of the building
Seaforth Management Limited (Director, Resident Apartment 6)
ObjectionAn application for an unrestricted 'Takeaway' has been made.; There are no parameters or safeguards for the residential long leaseholders against a general unrestricted 'takeaway.'; Ms Dentith needs to contact Seaforth Management Limited for consent for the extraction unit before this can be undertaken.
