Planning Division Statement

Statement Submitted On Behalf Of Planning And Building Control Division (Department Of Infrastructure)

PA12/00442/CON Registered Building Consent for the creation of café outside seating area, 26 Victoria Street, Douglas Statement prepared by Steven Stanley, BA (Hons), MA (Hons) TRP, MRTPI

Statement on behalf of the Planning and Building Control Division (Department of Infrastructure) in respect of:

PA12/00442/CON – Registered Building Consent for the creation of café outside seating area, 26 Victoria Street, Douglas

Introduction

1. In accordance with the provisions of 10.(1)(b) of the Town and Country Planning (Development Procedure) Order 2005 any planning application that proposes development involving land that the Department of Infrastructure could be said to have a vested interest in cannot be determined by the Planning and Building Control Division. In these instances the relevant legislation requires the planning application to be referred to and determined by the Council of Ministers. Such planning applications are dealt with by an appointed person (Planning Inspector) who is charged with assessing the proposed development and reporting their recommendations to the Council of Ministers.

1. Given the above, this statement is intended to set out the background of the planning application and identify what are considered to be relevant planning policy considerations. In order to avoid any perception of bias the statement purposely makes no assessment of the proposed development and offers no recommendation. The author of this statement intends to attend the inquiry to assist the appointed person where possible.

The Application Site

1. The site is formed by the curtilage of 26 Victoria Street, Douglas and part of the pavement immediate adjoining the property. No. 26 is a Registered Building (Registered Building No. 225) and the site lies within a Conservation Area.

1. The surrounding area is characterised by a predominantly Victorian streetsceen interspersed with more modern buildings. The area has a mixture of land uses including cafes, shops and offices.

1. The ground floor of the building is used as a café.

The Proposal

1. The proposal seeks Registered Building Consent to form an outside seating area on part of the pavement running along Victoria Street. The seating area would have a width of approximately 4 metres and a projection from the wall of No.26 into the pavement of 1.5 metres. This would leave 2 metres of pavement available for pedestrians.

1. The application includes information on the type of chairs, tables and barriers that would be used to form the outside seating area.

Planning History

1. The site has been the subject of previous planning applications, of which the following are judged to be relevant:

12/00068/D – Erection of illuminated signage. Permitted 12/00069/CON – Registered Building Consent for the erection of illuminated signage. Permitted. 12/00070/GB – Conversion of office/retail unit to a café including the installation of new shop frontage. Permitted. 12/00071/CON – Registered Building Consent for conversion of office/retail unit to a café including the installation of new shop frontage. Permitted.

Planning Policy

1. In terms of land use designation the site lies within an area which was designated as Predominantly Shopping by the Isle of Man Planning Scheme (Douglas Local Plan) Order Map No. 1 (Central Area).

1. The site is within The Douglas Athol Street/Victoria Street Conservation Area 2007 (a map showing the extent of this Conservation Area is attached as an appendix to this report).

1. In terms of strategic plan policy, the following are contained within the Isle of Man Strategic Plan - Towards a Sustainable Island June 2007 and are judged to be relevant to this application:

1. Strategic Aim: "To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."

1. Strategic Policy 4: "Proposals for development must:

a) protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within national Heritage Areas and sites of archaeological interest. b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and c) not cause or lead to unacceptable environmental pollution or disturbance."

1. Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to:

a) minimise journeys, especially by private car; b) make best use of public transport; c) not adversely affect highway safety for all users, and d) encourage pedestrian movement."

1. General Policy 2 states: "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 space 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 adverse 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."

1. Environment Policy 35: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or

appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.

1. Transport Policy 1: "New development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes."

1. Transport Policy 4: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

Recommended Conditions

Should the appointed person be minded to recommend that the application be permitted, the following conditions are recommended:

C1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C2. This permission relates to Registered Building Consent for the creation of cafe outside seating area, 26 Victoria Street, Douglas as shown by 2011/46/05 and 2011/46/06 received 21st March 2012.

This statement has been prepared by Mr S Stanley BA(Hons), MA(Hons) TRP, MRTPI on behalf of the Planning and Building Control Division (Department of Infrastructure)