**Document:** Officer Planning Report and Recommendation **Application:** 07/02318/C — Additional use of ground floor shop as a cafe **Decision:** Permitted **Decision Date:** 2008-02-28 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/84465-braddan-35-north/documents/1519014 --- # Officer Planning Report and Recommendation ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] ### Officer's Report #### Site This application relates to 35 North Quay Douglas which is one of a group of terraced properties facing the quay next to The British. It is within the Douglas (North Quay) Conservation Area and is also zoned as predominantly shopping within the Douglas Local Plan. ### Proposed Development The application is seeking permission for an additional use of the ground floor shop as a café. ### Planning Policies Within the adopted Isle of Man Strategic Plan, the following policies are considered to be relevant in the determination of this application: General Policy 2 and Environment Policy 22 ### Planning History The following previous applications are considered relevant in the consideration of this application: 07/00594/D - To display a free standing sign board outside premises – refused 15.06.2007 04/02369/B - Proposed conversion of existing living accommodation into 3 self contained apartments. Construction of access stairway and the provision of toilets and escape stair to ground floor cafe/shop and basement store – refused at review 15.04.2005 04/00675/B - Conversion of existing shop and basement to a cafe with replacement shop front incorporating additional entrance and alterations to flat above – granted 07.07.2004 93/00292/B - Refurbishment and alterations - granted ### Representations Douglas Corporation has objected to the application on the grounds that the proposed use is inappropriate for the area. Highways Division of the Department of Transport have objected to the application on the ground that the development will create an obstruction to the passage of high volume of pedestrian traffic and the canopy will obstruct the passage of emergency service vehicles. The tenants of No’s 31-37 North Quay have not objected to principle of the shop as additional use as a café; however, their concern relates to the extraction of odours from the building. They believe that any extraction unit should be served with a chimney to the highest roof point of the building. The Environmental Health Officer has copied his comments on relating to food hygiene to the Directorate. Standard comments have been received from the Isle of Man Water Authority and Isle of Man Fire and Rescue Service ### Assessment The area is zoned as predominantly shopping within the Douglas Local Plan. The application is seeking permission for the additional use of the shop as a café. It is considered this a compatible use within an area which is generally mixed use. In respect of the comments about the extraction of odours, the application does not have any detail in how the odours will be extracted. The neighbouring tenants suggest that a chimney be erected to the full height of the building in order to prevent any nuisance from odours. This would require a separate application in its own right before any extraction flue/chimney can be built on the site. It would therefore be inappropriate to speculate about the odour extraction system at this stage, as it is not part of this application. ### Recommendation It is recommended that planning permission be granted subject to conditions. ## Party Status The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. Whilst the Isle of Man Fire and Rescue Service and the Isle of Man Water Authority represents a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance. It is considered that all parties who made representations to the planning application comply with the requirements of Planning Circular 1/06 – Determination of Interested Party Status. In summary therefore, the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status: - Department of Transport Highways Division - Douglas Corporation - The tenants of No’s 31-37 North Quay Accordingly the following parties are not afforded Interested Party Status: - Isle of Man Fire and Rescue - Isle of Man Water Authority ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 30.01.2008 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This permission relates to the additional use of the shop as a cafe as shown in drawing numbers 4181/1 and 4181 L1 date stamped 14th December 2007. C 3. The building shall be used either for permanent retail (Use Class 1) or for café purposes (Use Class 3). The cafe 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. C 4. The cafe use hereby permitted shall not be open to customers outside 0900-2200 hours on Monday to Saturdays. The cafe use hereby permitted shall not be open on Sundays and Bank Holidays outside 1200-1900 hours. N 1. For a change in the water supply to premises (domestic or commercial) the applicant should contact the Isle of Man Water Authority Byelaws Inspector (Michael Karran), telephone 695957. N 2. The applicant is advised to contact the Fire Safety Department regarding the means of escape from the basement. I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer) Decision Made : Permitted Date: 26.12.1995 Signed: [Handwritten signature] Mrs F Mullen Senior Planning Officer --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/84465-braddan-35-north/documents/1519014*