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Application No.: 25/90721/B Applicant: 9-TEN Media Group Proposal: Change of use and conversion of vacant retail unit from Class 1.1 (Shop) to Class 1.3 (Food and Drink) together with external alterations to the building Site Address: 7 - 17 Wellington Street Douglas Isle Of Man IM1 2AS Planning Officer: Russell Williams Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 14.10.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: To ensure the use of materials appropriate to the development in order to safeguard the visual amenities of the area, in accordance with policy GP2 in the Isle of Man Strategic Plan (2016).
General opening Times: Monday - Thursday 09:00 to 00:00 midnight Friday and Saturday 09:00 to 02:00 Sunday 09:00 to 23:00 Food Service Times: Monday - Sunday 09:00 to 22:00 Reason: In order to maintain the amenities of the area.
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.
It is considered that the proposed change of use is compatible with the immediate setting of the application site and will bring a redundant unit back into active use, to the benefit of the local economy and vitality of the area. The proposed use will not give rise to unacceptable impacts upon residential amenity, the character or appearance of the Conservation Area, flood risk or other matters of acknowledged planning importance. The proposals comply with Mixed Use Proposal 2 of the Area Plan for the East and General Policy 2, Environment Policies 13, 22 and 36.
This decision relates to the following plans and drawings, date stamped 25th and 28th July 2025:
Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Douglas City Council No objection DOI Highways No objection It is recommended that the owners/occupiers of the following properties should be given the Right to Appeal as they have submitted an objection that meets the specified criteria: 5 Wellington Street, Douglas, IM1 2AS
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The application site comprises a multipurpose building on Wellington Street, Douglas, which is adjacent to the main pedestrianised shopping street in the city centre. Previously, the basement area of the building operated as a public bar & nightclub, which has been vacant since 2020. - 1.2 Various town centre-related uses exist in the area, with the application site building located adjacent a pedestrianized street connecting Duke Street to the east and Nelson Street to the west. A service yard exists to the rear (south) of the site. - 1.3 The site forms a vacant ground floor retail unit, with the wider building operating as several independent businesses, including a restaurant, retail stores & leisure facilities. - 1.4 The existing building comprises of a three storey block, with additional basement areas. The building frontage facing Wellington Street is finished with painted stone bands at Ground Floor Level up to First Floor, with painted render finishes at First and Second Floor Levels. Windows and doors to the Ground Floor units, and to the First and Second Floor windows are in powder coated aluminium. The building is finished with a slate covered pitched roof, with a central gable feature facing Wellington Street.
2.1 The application seeks planning permission for the change of use of the vacant ground floor unit from retail shop (Use Class 1.1) to a food and drink place (Use Class 1.3). The supporting Planning Statement advises that the premises would be used as a public house business should the application be approved. - 2.2 The proposals, will involve a number of external alterations, including:
2.3 Internally, the existing floor layout will provide:
2.4 The applicant/agent has confirmed that the proposed opening times would be as follows: Venue Opening Times: Monday - Thursday 09:00 to 00:00 midnight Friday and Saturday 09:00 to 02:00 Sunday 09:00 to 23:00
Food Service Times: Monday - Sunday 09:00 to 22:00
3.1 The site is within an area designated as Mixed Use on the Area Plan for the East (map 5
3.2 Strategic Policy 1 states that development should make the best use of resources by optimising the use of redundant buildings and under-used land and buildings. - 3.3. General Policy 2 of the Strategic Plan is considered applicable, of which the following elements are relevant: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief;
3.4 Community Policy 4 states: "Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable.
Environment Policy 13 "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."
3.5 Environment Policy 22 relates to the protection of amenity. It states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of:
3.6 Environment Policy 36: "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area." - 3.7 Area Plan for the East, Mixed Use Proposal 3 - Strand Street: "There will be a presumption in favour of retail and ancillary town centre uses such as food and drink and health and beauty uses along the primary shopping frontage. Outside of the primary shopping frontage a wider variety of town centre uses including financial and professional services open to visiting members of the public will also be acceptable. Entertainment venues, Offices and residential use will be acceptable at first floor level and above, but not at ground floor level where an active frontage should be maintained and enhanced. These active frontages are essential to sustain an attractive town centre."
5.1 The following planning history relates to the site: 99/02334/B - Erection of building comprising two retail units café/bar and floors for leisure usage - 13 Jun 2000 - Permitted
00/02300/B - Additional use for Basement to be used for Night Club/Public House 24 May 2001 - Permitted
00/02299/B - Additional use for Ground Floor Level to include shop, café/bar or restaurant 24 May 2001 - Permitted
02/00134/B - Alterations to shop front, installation of new window and artwork to gable elevation and erection of advertisement sign - 11 Jun 2002 - Permitted
14/00675/B - Conversion of Ground Floor from Café/Bar to Disco/Nightclub - 28 Jul 2014 Permitted
19/00506/B - Alterations and Installation of Pizza vending machine - 25 Jul 2019 - Permitted 24/00612/C - Change of use from Night Club to Offices (Class 1.2 Professional Services or 2.1 Offices) - Permitted
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows:
Douglas City Council - Initially questions the storage of refuge and recycling. Subsequently stated: The Committee resolved to support the proposed development and ask that consideration is given to a condition relating to waste storage on any approval granted. This being that all waste and recycling receptacles must be stored within the bin storage area shown in drawing 1465-P-02A. This is to ensure that access in the rear lane is not negatively impacted and that all existing businesses using the rear lane continue to have ease of access. Sufficient space should be retained to allow emergency vehicle access.
Further comments received advising that outdoor seating, as indicated on the plans, would require separate approval for the DOI and DCC.
Further comments received questioning the number of covers the business will make so that bin and recycling storage can be considered.
DOI Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking. The café seating area proposed would need to be approved by Douglas cc through the appropriate highway licence.
6.2 1 representation have been received from a neighbouring property (beauty salon) and can be summarised as follows:
7.1 The key considerations in the determination of the application are:
7.2 The application site is located within Douglas town centre and the ground floor unit of the application building currently has lawful use as Use Class 1.1 (SHOP).
7.3 Community Policy 4 of the Strategic Plan states that the change of use of retail units to alternative uses will only be supported if "the use is no longer commercially viable, or cannot be made commercially viable." - 7.4 The application is not supported by any form of report demonstrating the extent to which the unit has been offered for sale/lease/rent nor a viability appraisal assessing its ongoing financial viability as a retail unit. - 7.5 Notwithstanding, the unit has been unoccupied for a significant period of time and is in need of being put back into active occupation given the prominent town centre location. Whilst there is minor conflict with Community Policy 4, it is pertinent to consider the implications of the Development Plan as a whole. - 7.6 In this regard, the Area Plan for the East (2020) postdates the 2016 Strategic Plan and Community Policy 4. Within the Area Plan for the East, Mixed Use Proposal 3 provides policy support for proposals that enhance the public domain. - 7.7 The application site is outside the primary shopping frontage and the proposed development is for a public house with food (Use Class 1.3). Mixed Use Proposal 3 states that "There will be a presumption in favour of retail and ancillary town centre uses such as food and drink and health and beauty uses along the primary shopping frontage. Outside of the primary shopping frontage a wider variety of town centre uses including financial and professional services open to visiting members of the public will also be acceptable." - 7.8 Having regard to the above, the proposed change of use is supported by Mixed Use Proposal 3 for the Area Plan for the East, being used that will enhance the public domain by bringing a vacant unit back into active use and providing a suitable use that is compatible with the wider use of the area. Whilst there is some conflict with SP Community Policy 4, due to the absence of marketing/viability information, it appears clear to Officers that providing a suitable alternative use in an otherwise vacant premises will benefit the local economy and improve the vitality of the local area, particularly the night time economy. The principle of development is therefore supported.
7.11 General Policy 2 (g) of the Strategic Plan provides protection for amenity by stating that development proposals will be permitted where they do "not affect adversely the amenity of local residents or the character of the locality." Environment Policy 22 also affords protection to the amenity of nearby properties in relation to vibration, odour, noise and light pollution. - 7.12 The submitted plans indicate that kitchen extraction systems will be subject to specialist design. The kitchen area is internal and without an immediate external wall for flues etc. to be installed. Notwithstanding, any external unit and flue would require the prior grant of planning permission. - 7.13 The proposed public house use will include the preparation and serving of hot and cold food which is common place in this town centre location. Indeed, there are other restaurants and food outlets adjoining and in the immediate vicinity of the application site. - 7.14 The concerns raised by the neighbouring business owner are noted and whilst their concerns over noise, anti-social behaviour, littering general safety and the like are acknowledged, the impacts can be mitigated through sound management of the premises. It is not possible to premeditate issue surrounding anti-social behaviour and should such matters arise it would be for the relevant authorities and licensing department to investigate. It is pertinent to note that in 2014 the premises had approval for a change of use from retail to nightclub, which permitted the use until 1 am Sunday to Wednesday and 1am Thursday to Saturday. This establishes a night time use on the property and the impacts of the proposed use will be comparable. This nis not seen to be a reason to resist the development. - 7.15 Regarding the proposed use, whilst the preparation of food may create a degree of odour, given the background conditions experienced in the area and the primary use being a public house, the impact of the development upon amenity is considered to be acceptable. It is considered that the impact of the proposal upon residential amenity of residents and businesses within the surrounding area will be negligible. - 7.16 Mindful that the unit has previously has planning permission granted (July 2014) and implemented for a disco/night club with opening times until 1 am Sunday-Wednesday and 3am Thursday-Saturday, the proposed opening operational times set out within the application are considered to be acceptable. - 7.17 Both the Use Class and operating times can be controlled by planning condition and such will afford residents with the an appropriate level of protection against unacceptable impacts upon their amenity, outside of normal working/opening hours. IMPACT UPON CHARCTAR AND APPEARANCE OF THE AREA - 7.18 The application site is located adjacent to the Athol St and Victoria St Conservation. The application seeks planning permission for change of use, with minor material works and alterations to the external fabric of the building. - 7.19 The works are limited to minor changes to existing windows and doors, with the new casements and doors being aluminium and powder coated to match other similar windows and doors in the immediate setting.
7.20 It is considered that bringing the vacant unit back into an active use will enhance the immediate setting of the site. Accordingly, the proposals will not impact upon the character or appearance of the Conservation Area or visual amenity in the area. - 7.21 Any future alterations or signage will require a separate approval and do not fall to be considered under this application. Overall the proposal complies with General Policy 2 and Environment Policy 35. OTHER MATTERS - 7.22 The application site is not within an area identified as being at risk of flood and so the proposed development will not pose a risk to future users. - 7.23 The comments of Douglas City Council are noted, and as can be seen on the submitted plans, internally the layout as indicated would provide approximately 90 covers at any one time. The proposed bin store has a GIA of approximately 25 sq.m which will allow for the secure storage of waste and recycling for the premises prior to collection. The applicant has confirmed that waste will be separated into waste and recyclables in line with LA guidance. Sufficient storage is considered to be provided and the applicant/operator will be responsible to complying with waste collection requirements. - 7.24 It is noted that the site does not benefit from any vehicular or cycle storage but given the town centre location and historical /existing use of the premises, this is not considered to represent a reason to resist the proposed change of use. - 7.25 Regarding the outdoor seating indicated on the Site Plan, any such seating is outside the red line area and does not fall to be considered at this point. Instead, seating within the highway will require the separate approval of Douglas City Council and DOI Highways. Such addresses the concern raised by the City Council and neighbouring business owner.
8.1 The application seeks permission for the change of use of a vacant retail unit to a public house (Use Class 1.3). The proposal complies with Mixed Use Proposal 3 of the Area Plan for the East and whilst the application is not supported by viability or marketing evidence to satisfy Community Policy 4 of the SP, it is evident that the premises has been vacant for quite some time.
8.2 The proposed use has been assessed as being low impact and will not generate significant levels of noise, odour or other forms of nuisance over and above existing background conditions that might otherwise undermine the residential amenity of properties within the immediate area of the application site.
8.3 The development does not pose any increased risk from flooding and will not materially impact upon the character or appearance of the Conservation Area. - 8.4 In conclusion, it is considered that the proposed change of use is compatible with the immediate setting of the application site and will bring a redundant unit back into active use, to the benefit of the local economy and vitality of the area. The proposed use will not give rise to unacceptable impacts upon residential amenity, the character or appearance of the Conservation Area, flood risk or other matters of acknowledged planning importance. The proposals comply with Mixed Use Proposal 2 of the Area Plan for the East and General Policy 2, Environment Policies 13, 22 and 36.
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made : Permitted Date: 14.10.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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