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Oik yn Ard-Scrudeyr
Our Ref: DF12/0007 Planning Application Ref.No: 12/00441/GB
THE TOWN AND COUNTRY PLANNING ACT 1999
TOWN AND COUNTRY PLANNING DEVELOPMENT (PROCEDURE ORDER) 2005
Planning Secretary Department Of Infrastructure Planning And Building Control Division Murray House Mount Havelock Douglas
| Applicant: | CR (IOM) Limited | | --- | --- | | Proposal: | Creation of an outside seating area (In association with 12/00442/CON), 26 Victoria Street Douglas Isle Of Man IM1 2LE |
In accordance with paragraph 10 of the above Order, the person appointed by the Council of Ministers to consider this application has submitted his report. In accordance with paragraph 10.3(a) and (b), a copy of the appointed persons report is enclosed. On the 23rd August 2012, and after consultation, the Council of Ministers accepted the recommendation contained within that report and the application was approved subject to the conditions specified below.
| Date of Issue: 14th September 2012 | | | --- | --- | | Chief Secretary's Office | | | Government Offices | | | Bucks Road | | | Douglas | |
Climate change is one of the most pressing environmental issues of our time. It affects ecosystems worldwide, leading to significant changes in biodiversity, habitat loss, and species extinction. This report explores the impacts of climate change on global ecosystems, focusing on key areas such as forests, oceans, and polar regions.
Forests play a crucial role in carbon sequestration and maintaining biodiversity. However, climate change is causing significant changes in ecosystems, leading to significant changes in biodiversity. Key impacts include:
Oceans absorb a significant portion of the excess heat and carbon dioxide (CO₂) produced by human activities. The consequences include:
Oceans absorb a significant portion of the excess heat and carbon dioxide (CO₂) produced by human activities. The consequences include:
Oceans absorb a significant portion of the excess heat and carbon dioxide (CO₂) produced by human activities. The consequences include:
Polar regions are particularly vulnerable to climate change due to their sensitivity to temperature changes. Key impacts include:
Climate change poses a significant threat to global ecosystems, with far-reaching consequences for biodiversity and human societies. By reducing the number of wildfires and preserving the natural environment, we can protect the planet for future generations.
Crown Division Government Offices Douglas Isle of Man
16 August 2012
To the Council of Ministers
Case References: DF12/0007 and DF12/0008 Planning References: 12/00441/GB and 12/00442/CON
Applications by Mr Jason Lowe and Mr Paul Mellor trading as CR(IOM) Ltd for Planning Approval and Registered Building Consent for the provision of an outdoor seating area in association with a café business at No 26 Victoria Street, Douglas.
I have the honour to report that on 8 August 2012 I carried out a site visit at the above location. The cases are being made by written representations.
The proposed outdoor seating area would be on a pavement belonging to the Highways Division. The Planning Committee has not considered the applications because the Highways Division is now part of the Department of Infrastructure. The Committee could therefore be said to have a vested interest.
SITE DESCRIPTION AND THE PROPOSAL
No 26 Victoria Street, the application site, is on the north side of the street about half way between the junctions with Nelson Street and Duke Street. A café on its ground floor trades as Coffee Republic. The building is a Registered Building (Ref No 225) within the Douglas (Athol Street/Victoria Street) Conservation Area. The area is characterised by predominantly Victorian buildings, interspersed by more modern buildings, containing a mixture of uses including shops, cafés and offices.
Planning Approval and Registered Building Consent is sought for the formation of a seating area on the pavement outside the café at No 26. The plans, which were amended during the processing of the application, show 4 small tables (0.5m diameter) each with 2 chairs, occupying a 1m strip immediately outside the café's front windows. Five removable advertising banners, about 0.9m high, would enclose the chairs and tables. Stainless steel posts, locked into floor sockets, would support each banner.
The pavement along this part of Victoria Street is 3.5m wide. Therefore, when the tables and chairs are in place, there would be 2.5m of unobstructed space for pedestrians. Adjoining the pavement is a parking bay designated as a taxi rank where 6 taxis can park parallel to the kerb.
REPRESENTATIONS RECEIVED
Douglas Borough Council has no objection to the proposal.
On receipt of the amended plans, the Highways Division responded "This development has no material impact on the highway".
A letter from Community Planning Service (CPS) stated that, notwithstanding the amendment to the original plans, the proposed outdoor seating area would
restrict pedestrian traffic on a pavement that is particularly busy during lunchtimes and early evenings. In CPS's view, the tables and chairs would create a chicane, potentially forcing pedestrians onto the road, contrary to Strategic Policy 10 (c) and (d) of the Isle of Man Strategic Plan (IOMSP). It would be especially dangerous for those with disabilities, and persons with pushchairs. Furthermore, pedestrians and children may also have to suffer bad language and rudeness from customers sitting or standing around in the area.
INFORMATION FROM THE DEPARTMENT OF INFRASTRUCTURE'S PLANNING AND BUILDING CONTROL DIVISION
ASSESSMENT
The first issue - the effect on the Registered Building and the Conservation Area
No 26 Victoria Street is a fine example of ornate Victorian architecture, not least because of the fluted pilasters framing the triple windows on the first and second floors, and the round-headed dormers on the floor above. In contrast, the ground floor has modern floor-to-ceiling fully-glazed windows and doors.
In my view, the proposed outdoor seating area would provide visual interest to this bland ground floor elevation without causing any detriment to the Victorian architecture above. The proposed chairs, tables and temporary barriers would not be attached to the building. As a result, I consider that there would be no detrimental effect on the fabric, setting and character of this Registered Building. The objectives of the IOMSP's Strategic Policy 4 and Environment Policy 32 would therefore be satisfied.
So far as the Conservation Area is concerned, I consider that the proposed outdoor seating area would enhance the vibrant character of this commercial street without causing any material harm to the area's appearance. I am therefore satisfied that there would be compliance with the IOMSP's Environment Policy 35.
The second issue - the safety and convenience of pedestrians
Five removable advertising banners, locked into pavement sockets, would tightly enclose the tables and chairs within a 1m strip adjoining the front of the building. The banners would prevent the tables and chairs encroaching further across the pavement. Passers-by would still have an unobstructed pavement 2.5m wide; ample space, in my opinion, for 3 people to walk side by side. There would also be sufficient space for mobility scooters, wheelchairs and pushchairs. To my mind, there would be no need for anyone to step off the pavement in order to walk past. But, in the rare event that anyone did do so, they would be stepping into a parking bay for taxis and not into passing traffic. Furthermore, the seating area would be unlikely to create an unexpected obstacle for anyone with restricted vision because of its close proximity to the front of the café.
I am therefore satisfied that there would be no materially adverse effect on the safety and convenience of pedestrians; a view shared by the Highways Division. The requirements of the IOMSP's Strategic Policy 10(c) and General Policy 2(h) and (i) are therefore satisfied.
I give limited weight to the concerns expressed by Community Planning Service about the possibility of passers-by having to suffer bad language and rudeness from customers in the proposed seating area. In any event, I consider the likelihood of this happening outside a café to be remote.
RECOMMENDATION
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the creation of an outside seating area in association with a café business at No 26 Victoria Street, Douglas, as shown on Drwg Nos 2011/46/05A and 2011/46/06A received on 29 May 2012.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This consent relates to the creation of an outside seating area in association with a café business at No 26 Victoria Street, Douglas, as shown on Drwg Nos 2011/46/05A and 2011/46/06A received on 29 May 2012.
Ruth MacKenzie BA(Hons) MRTPI Independent Inspector
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