The Landes du Marche site was one which drew criticism from the independent planning inspectors while the Island Development Plan was drawn up.
The existing retail use at the premises has grown over the years without planning permission and is consequently unlawful, according to a report from the Development & Planning Authority going to the States.
But because of the time elapsed, it is no longer possible to take legal action.
In October, the States voted that the authority should find a route for the cafe.
Instead of changing planning policy to allow the development because of the time, cost and implication of doing so, it is proposing using a legal route which would allow the site to be declared lawful.
It would create certificates of lawful use or certificates advising whether any enforcement action can be taken.
'The authority has concluded that the introduction of such a system of certificates would be likely to deliver the outcome sought by the States resolution without the very significant, immediate and medium term resource implications involved in amending strategic and detailed planning policy,' its report states.
'This approach is supported by both the Committee for the Environment & Infrastructure and the Committee for Economic Development.'
