28 February 2008 · Minister for Local Government and the Environment (following Inspector's report)
35, North Quay, Douglas, Isle Of Man, IM1 4lb
The proposal was for additional use of an existing ground floor shop within a terraced building in the Douglas (North Quay) Conservation Area as a café, allowing dual retail (Class 1) or café (Class 3) use.
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The officer's report found the café use compatible with the predominantly shopping zoning in the Douglas Local Plan and mixed-use character of North Quay, recommending approval subject to conditions i…
General Policy 2
Requires development to respect local character and amenity. Officer assessed café as compatible in shopping zone; inspector balanced against residential proximity via hours/odour conditions.
Environment Policy 22
Relates to conservation areas; site in Douglas (North Quay) CA, but no specific impacts noted—use approved as fitting mixed commercial character.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the additional use of the shop as a café as shown in drawing numbers 4181/1 and 4181 L1 date-stamped 14th December 2007.
Use restriction
The building shall be used either for permanent retail (Use Class 1) or for café purposes (Use Class 3). The café use must be taken up within 4 years of the date of this notice in order for this use to remain valid after that time.
Hours of operation
The café use hereby permitted shall not be open to customers outside 07.30-22.00 hours on Monday to Saturdays. The café use hereby permitted shall not be open to customers on Sundays and Bank Holidays outside 09.30-19.00 hours.
Odour extraction
Before the café use hereby permitted is opened for business, plans for an odour extraction system shall be submitted to and approved by the Planning Authority (in the form of a planning application), and the approved system shall be constructed and operational to the satisfaction of the Planning Authority.
do not oppose
note received (standard/building control)
note received (standard/building control)
supports café use aligning with North Quay regeneration vision; objects to restrictive hours
Environmental Health provided detailed food safety and hygiene requirements for the cafe conversion; Highways, Water Authority, and Fire Safety raised no objections but noted specific consultations; neighbouring tenants expressed no objection in principle but concern over extraction.
Key concern: adequate extraction of odours
Department of Local Government and the Environment
Conditional No ObjectionThe walls, floors, doors, windows, ceiling, woodwork, and all other parts of the structure of every food room shall... be such as to (a) enable them to be effectively cleaned, and (b) prevent... any risk of infestation by rats, mice and insects.
Conditions requested: The floor of any food room shall be surfaced or treated with a suitable durable material, which shall be impervious to water and not affected by fats, liquors and similar substances, and easily cleaned.; Surfaces with which food comes into contact, are to be impervious to the absorption of any grease, fat, oil, liquors and similar substances, and to allow such surfaces to be thoroughly and easily cleaned.; The shelves and service pipes are to be fixed at least one inch clear of the walls and at least one foot above floor surfaces, to enable access for cleaning purposes.; All cupboard units, counters etc. to be constructed and fixed so as to prevent risk of harbourage for vermin, and with access to adjacent walls and floor surfaces for cleaning purposes.; Cooking equipment, refrigeration, and other apparatus to be fixed clear of the walls and adjacent equipment, and with adequate access for cleaning.; Provide suitable ventilated facilities for the storage of food, such facilities to include suitable and adequate means of refrigeration.; Provide suitable and sufficient sinks for washing food and equipment. Such sinks to have adequate draining platforms and be constructed of impervious material, preferably stainless steel.; Provide suitable and sufficient means of ventilation to all food rooms.; Provide suitable extract ventilation, by means of canopies, hoods and ducting to cooking appliances.; Provide suitable and sufficient means of lighting to all parts of the premises.; Provision to be made for suitable and sufficient accommodation for hanging employees’ outdoor clothing.; Provide suitable and sufficient hand washing basins.; Every part of the premises used by the public, shall be provided with water closet accommodation and washing facilities within the specified scale.; Make suitable provision within the boundaries of the premises for the storage of refuse, preferably in containers which can be sealed.; Consideration should be given to intercepting and removing grease and detritus from the drainage system.
Isle of Man Water Authority
Conditional No ObjectionFor a change in the supply to a premises (domestic or commercial) the applicant should contact the IoMWA Byelaws Inspector (Michael Karran), tel. 69 59 57
Conditions requested: condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes, or an amendment to the existing supply under the terms of the Water Supply Byelaws
Highways Division
No ObjectionDo not oppose
Isle of Man Fire And Rescue Service
Conditional No ObjectionThe applicant must consult fire safety regarding means of escape from basement
Conditions requested: The applicant must consult fire safety regarding means of escape from basement
The original application for additional use of ground floor shop as café was permitted subject to condition 4 restricting hours to 09:00-22:00 Mon-Sat and 12:00-19:00 Sundays/Bank Holidays to protect residential amenity. Appellant argued the condition was unreasonable, did not reflect local trading patterns, no reason given, limited nuisance due to few residents, and viability issues from restricted early mornings. Council defended the condition as necessary to prevent unneighbourly impact on flats above and nearby James Street residents, comparable to recent cases. Inspector found the principle of café acceptable in shopping zone but justified evening closure at 22:00; allowed earlier openings to 07:30 Mon-Sat and 09:30 Sundays citing location near market/quay and precedents like Spill the Beans, while adding condition for odour extraction. Minister accepted recommendation, amending condition 4 and adding condition 5.
Precedent Value
Demonstrates partial success possible on condition appeals by evidencing comparables and balancing business needs with amenity; future appellants should provide robust local precedents and acknowledge extraction/amenity controls rather than seeking full removal.
