1 September 2006 · Delegated - Director of Planning and Building Control (M. I. McCauley)
6, Quines Corner, Douglas, Isle Of Man, IM1 4lf
The proposal sought to convert three vacant ground-floor retail units (previously a beauty salon) at a busy town centre junction in the North Quay Conservation Area into a fish and chip takeaway (sui generis), restaurant and coffee house (Use Class 3), with advanced odour extraction systems and hours limited to daytime…
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The officer considered the hot food takeaway would adversely affect nearby residents' amenities 'to an unreasonable extent' through (i) increased pedestrian/vehicular traffic outside shopping hours, (…
Douglas Local Plan Policy D/Ret/P1
Restricts retail development to defined town centre; site is within town centre/mixed-use zone but officer found hot food takeaway incompatible due to residential amenity/highways impacts despite zoning.
no objection
no objection in principle; advise grease trap
Environmental Health provided detailed food hygiene and facility requirements without stating an explicit objection or approval; IoM Water Authority requested contact for water supply compliance; Douglas Drainage Services had no objection in principle but recommended grease trap installation; Disability Access Office commented on accessibility requirements.
Department of Local Government and the Environment
No CommentThe walls, floors, doors, windows, ceiling, woodwork, and all other parts of the structure of every food room shall... enable them to be effectively cleaned, and prevent... risk of infestation; Regulation 27 of the Food Hygiene (General) Regulations 1978 details the temperatures at which certain foods have to be kept; The Island's requirements for catering premises with no dish washer is two sinks with draining facilities placed side by side, or a double bowl sink and drainer unit
Conditions requested: Floor of any food room surfaced or treated with suitable durable impervious material; Surfaces with which food comes into contact impervious to grease/fat/oil and easily cleaned; Shelves and service pipes fixed at least one inch clear of walls and one foot above floors; Cupboard units, counters fixed to prevent vermin harbourage with cleaning access; prefer mobile tables/shelves over fixed/domestic style; Cooking equipment, refrigeration fixed clear of walls with cleaning access; prefer movable equipment with flexible couplings; Suitable ventilated food storage with adequate refrigeration meeting Regulation 27 and 9 temperatures using commercial fan-assisted equipment; Suitable and sufficient sinks for food washing and equipment with draining platforms, impervious material, hot/cold water; separate for preparation and washing up (two sinks or double bowl without dishwasher); Suitable ventilation per Regulation 23 including extract canopies/hoods for cooking appliances, screened inlets, low noise fans, gas appliance advice; Suitable lighting without glare; Accommodation for employees' clothing not in food rooms unless lockers, with drying facilities; Hand washing basins with hot/cold water near food rooms and in toilets; Sanitary accommodation with water closets/basins per scale, ante-chamber ventilation, self-closing doors, sex-marked; Refuse storage in sealed containers on impervious floor, ventilated separately from food rooms; Grease and detritus interception in drainage; Provisions for chronically sick and disabled; No nuisance from effluvia, noise, vibration, steam
IoM Water Authority
Conditional No ObjectionThe Authority wish to express their interest... and request that a condition of planning be that the applicant must contact the Authority to ensure that a connection is obtained for water supply purposes
Conditions requested: Applicant must contact the Authority to ensure connection for water supply or amendment to existing supply under Water Supply Byelaws; contact IoMWA Byelaws Inspector (Michael Karran), tel. 69 59 57 for change in supply to commercial premises (Note 3)
Douglas Drainage Services
Conditional No ObjectionDouglas Corporation acting as The Agent for the Department of Transport... has no objection in principle; It is an offence under the Drainage Act 1999 to allow grease, oil and other injurious matter to knowingly enter the public sewer network
Conditions requested: Install a grease/oil retaining or digestive device to the foul drain
Disability Access Office
No CommentEntrance should be accessible to an unassisted wheelchair user; the doors should not be so heavy as to require a pulling force exceeding twenty Newton’s
Conditions requested: Where parking provided, include designated disabled parking at 5% of spaces (min 3) up to 200 spaces or 4% plus 4 over 200; Entrance accessible to unassisted wheelchair user; full-length glass doors marked at mid-height; Automatic doors preferred or doors not exceeding 20 Newtons pull force; Inside layout with sufficient aisle width for wheelchair manoeuvre; Serving counters with at least one low section for wheelchair users
The original application 06/01161/C for change of use of vacant retail units (previously a beauty salon) to fish and chip takeaway, restaurant and coffee house was refused by the Planning Authority primarily due to concerns over harm to residential amenity from noise, smells, disturbance and increased traffic/pedestrian activity, plus inadequate parking leading to risks to highway safety on a busy junction. The appellant argued the site is in a bustling harbour/town centre area promoted for leisure uses, presented evidence of advanced odour extraction systems, fire safety compliance, local customer base, sufficient nearby parking, historical precedents of similar uses, and support from Douglas Corporation. The inspector accepted these arguments after a public inquiry and site visit, finding the proposal suitable for the locality with proper conditions to mitigate impacts on amenities and parking. The appeal was allowed, reversing the refusal and granting permission subject to conditions on hours, extraction systems and maintenance.
Precedent Value
Demonstrates that in mixed commercial/harbour town centre locations, hot food takeaways can be allowed despite nearby flats if advanced mitigation (e.g. extraction) proven and parking evidenced via observations/precedents; conditions on hours/extraction critical. Future applicants should provide peak-hour surveys, equipment specs and local support letters.
Inspector: Terrence Kemmann-Lane
