16 January 2025 · Delegated
Step N'Out, Howard Street, Douglas, Isle Of Man, IM1 2eq
This application sought permission to change the use of the ground floor retail unit at Seaforth House, Loch Promenade, Douglas from a shop to a food and drink premises. The site occupies a corner plot within a four-storey Victorian end-terrace building, with eight residential flats on the upper floors. During the application, the proposal was amended to remove a previously referenced takeaway use, and the applicant confirmed the premises would operate solely as a café serving cakes, biscuits, pastries and drinks. Additional information was also provided to clarify bin storage arrangements. The application was approved by delegated decision on 16 January 2025, subject to three conditions. The officer considered the principle of the change of use, the potential impact on the residential flats above, and the effect on the character and appearance of the area.
Permission was granted on 16 January 2025 to change the use of the ground floor unit from a shop to a food and drink premises (café). During the application process the proposal was amended to remove any takeaway element, confirming the use would be limited to a café selling cakes, biscuits, pastries and drinks. The key planning issues considered included the principle of the change of use, potential impact on the eight residential flats above, and the effect on the character of the area.
Area Plan for the East
There will be a presumption in favour of retention, expansion and improvement of hotels and guest houses and ancillary food and drink uses. Proposals to enhance the public domain will be supported.
Strategic Plan
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
General Policy 2: 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; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Strategic Plan
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
Community Policy 4: 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. 10.9 Hospitals 10.9.1 The new hospital located in Braddan is now operational, and any further land-use requirements arising therefrom are dealt with in the re levant Area Plan. Likewise, any land - use requirements arising from regional facilities will be addressed by the appropriate Area Plans. 10.10 School Sites 10.10.1 Schools play an important role as a focus for community activity, providing not only schooling for children but also adult education, sports facilities, and cultural and social opportunities. This is especially true in our smaller villages. The continued viability and accessibility of village schools will therefore be one of the more important criteria to which the Department has regard when preparing new Area Plans. In the preparation of Area Plans, the Department will consult with the Education Departm ent on such criteria . Also, an increasing population, and changes in the profile and distribution of the population, are leading to demand for new and extended schools. Accordingly, the following policy is appropriate:
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
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.
Condition 3
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.