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Application No.: 08/00282/B Applicant: Seaview Limited Proposal: Conversion of existing shop unit to a cafe Site Address: - Shop 1A Marathon Terrace - Queens Promenade - Douglas - Isle Of Man - IM2 4NH ### Considerations Case Officer: Mrs F Mullen Photo Taken: - Site Visit: - Expected Decision Level: Planning Committee ### Written Representations - 3 Marathon Terrace Queens Promenade Douglas IM2 4NH - Objects to the proposal - Four Seasons Hotel & Restaurant Queens Prom Douglas Isle Of Man - Objects to the proposal ### Consultations Consultee: Highways Division Notes: No objection subject to condition. Consultee: Douglas Corporation Notes: Consultee: Chief Fire Officer Notes: Note received Consultee: IOM Water Authority Notes: Note received Consultee: Police Architectural Liaison Officer Notes: Comments received Consultee: Chief Environmental Health Officer Notes:** Comments received 2 April 2008 08/00282/B Page 1 of 4
The application site comprises shop unit 1a Marathon Terrace, Queens Promenade, Douglas. The last use of the site was that of a retail shop and at present, access to the shop is via a single doorway to the side of the front elevation, which is predominately glazed.
The application site is located within an area that is zoned as Tourist/Residential use in the Douglas Local Plan. Within the adopted Isle of Man Strategic Plan, the following policy is considered to be relevant in the determination of this application: General Policy 2.
There have been no previous planning applications relating to the site which are considered to be specifically relevant in the determination of the current application.
The application seeks approval for a change of use of the unit from retail to café with take away (coffees, light snacks) and outdoor dining area on land within the ownership/control of the applicant. The application indicates that the aim of the development is to provide an amenity to the "already established residential, tourist, commercial and recreational area on Douglas Promenade". External alterations proposed involve the relocation of the existing doorway to a more central location, with double doors providing improved access to the unit.
The Department of Transport Highways Division advised that they do not object to the application subject to a condition stating that the outside seating area must not infringe on the pedestrian footway. Correspondence enclosed with the application between the applicant and the Department of Transport indicates that the land included within the application site is not maintained at the public expense. The Department of Local Government and the Environment Environmental Health Officer has indicated that the premises must comply with the Food Act 1996 and Health and Safety at Work Act 1974, and the Isle of Man Water Authority request a standard note should planning permission be granted. The Police Architectural Liaison Officer recommends that a Condition be attached to any approval restricting the hours of opening, to avoid the premises acting as a 'honey pot' during late opening, although it is acknowledged that the applicants have not indicated that they wish to remain open to the early hours of the morning. The Isle of Man Fire and Rescue Service request a standard condition should planning permission be granted.
The Owner/Occupier of the Four Seasons Hotel and Restaurant has objected to the development on commercial grounds, as has the Owner/Occupier of The Candy Store. Such objections are not material planning conditions.
The proposal involves three elements, the change of use from retail to café, alterations to the front elevation and the creation of an outdoor seating area. The site is located within a mixed use area and as such, the creation of a café in this location is considered to be acceptable and whilst objections have been received, these relate to matters that are not material planning considerations.
The applicants have indicated proposed hours of opening and the comments of the Police Architectural Liaison Officer are considered and noted. It is considered appropriate to attach a condition in relation to opening hours, given the residential properties located in close proximity to
the application site, however, having discussed such a Condition with the applicant, they have advised that should such a condition be attached, they would prefer that the hours of opening to be between 7am and 10pm. At the present time, it is their intention to only open between the hours indicated in the application (Summer Mon-Fri 10am - 8pm; Sat-Sun 8am - 8pm. Winter Fri - Sun 8am - 8pm); however, the hours suggested within the condition allow for flexibility of opening hours and are considered appropriate given the mix of uses within the immediate locality.
With regard to the proposed alterations, these are considered to be acceptable and without detriment to the visual amenity of the area.
The outdoor seating area would be created on land that is not part of the public highway and in any case, given the width of pavement in this location, it is not considered that the proposal would interfere with the free flow of pedestrian traffic. The applicant has indicated that the seating area would be demarcated with planters and barriers that would be removed outside the hours of business.
It is recommended that the application be approved.
It is considered that 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 Police Architectural Liaison Officer Accordingly the following parties are not afforded Interested Party Status: Isle of Man Fire and Rescue Service. Department of Local Government and the Environment, Environmental Health Officer Mrs V Morrison, Four Seasons Hotel \& Restaurant, Queens Promenade, Douglas Mr M A Garbett, The Candy Store, 3 Marathon Terrace, Queens Promenade, Douglas.
Recommended Decision: Permitted
Date of Recommendation: 31.03.2008
C: Conditions for approval N : Notes attached to conditions R : Reasons for refusal
The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
This approval relates to drawing numbers SV - 1; 2; 3 and 4 and supporting statement, submitted 22nd February 2008.
The cafe and takeaway facility may operate between the hours of 0700 hrs and 2200 hrs only, Monday to Sunday.
No approval is hereby granted or implied for the erection of permanent barriers or an extraction flue which must form the basis of a further planning application.
No advertisement matter of any description shall be exhibited on these premises without the PRIOR written permission of the Planning Authority.
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.
In accordance with the Food Hygiene Regulations 2007, the premises must be registered with the Department, at least 28 days prior to opening. It is recommended that the applicant contact the Food Safety Unit on 685894 for further advice.
PRIOR to the commencement of any works the applicant is advised to consult the Chief Fire Officer to ensure that adequate fire precautions are taken.
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