24 March 2015 · Planning Committee
Old Top Shop Building, Duke Street, Douglas, Isle Of Man, IM1 2ay
The proposal involves converting the basement and ground floor of a two-storey plus basement commercial building, previously a large Topshop store, into a restaurant offering 90 covers on the ground floor and 50 in the basement, employing up to 15 staff and open daily from 11am with last orders at 9:45pm.
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The officer assessed the loss of retail as acceptable due to high town centre vacancy rates (9.24% at the time), supportive comments from Douglas Development Partnership that food/drink uses enhance v…
General Policy 2
Requires development in shopping zones to respect site/surroundings in scale/design, not harm townscape/amenity, provide safe access and avoid traffic impacts. Officer found proposal compliant as restaurant fits mixed town centre character, flue not visually obtrusive, and hours/ventilation mitigate amenity effects.
Environment Policy 22
Prohibits development causing unacceptable pollution including odour/noise. Proposal acceptable subject to condition for full ventilation/odour details to prevent nuisance, given flue's recessed rear location.
Transport Policy 7
Requires meeting parking standards; no specific standard for restaurants but town centre location near bus station/parking deemed sufficient, supported by Highway Services.
Community Policy 4
Restricts loss of local shops unless non-viable; not applicable to town centre unit but officer noted vacancy proves retail unviable here.
Environment Policy 36
Protects views to/from nearby Conservation Area; flue not visible from public views or harming setting of Registered Buildings.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Ventilation and odour control
Prior to the operation of the restaurant, full details of the ventilation and odour control system to include full elevational drawings shall be submitted to and approved in writing by the Department (Planning and Building Control Division) and thereafter the approved system shall be installed and retained as such and operated in accordance with the manufacturer's specification.
Service hours
No customers shall be served outside of the following hours: 11:00am to 9:45pm on Mondays to Sundays inclusive.
Patrons vacate by
No customers shall be allowed to remain in the building later than 11pm on Mondays to Sundays inclusive.
no objection to the proposal
no concerns about change of use; better to have occupied unit contributing to vibrancy than retain for retailing exclusively
no objection subject to condition controlling trading hours to 11am until last order at 21.45hrs Monday-Sunday
Environmental Health requires food premises registration prior to opening with no objection to planning; Police recommend a condition limiting operating hours to 11am until last order at 21.45hrs daily due to proximity to residences.
Key concern: proximity to late night establishments and residential homes requiring controlled trading hours
Department of Environment, Food and Agriculture
No Objectionthe proposed development must comply with the requirements of the above-mentioned legislation and the premises must be registered with this Department at least 28 days prior to opening
Conditions requested: premises must be registered with this Department at least 28 days prior to opening
Isle of Man Constabulary
Conditional No ObjectionI would therefore strongly recommend that the trading hours are controlled and request that a time condition be placed upon any approval granted; Opening times are envisaged at this stage to be from 11am until last order at 21.45 hrs Monday - Sunday
Conditions requested: The Premises may only operate between 11am until last order at 21.45hrs Monday - Sunday
