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Application No.: 15/01155/CON Applicant: Crema Limited Proposal: Registered Building Consent for creation of two outside seating areas including the installation of overhead awnings and heaters (RB no 223 in association with 15/01154/GB) Site Address: 18A-20 Victoria Street Douglas Isle Of Man IM1 2LE Case Officer : Mr Jason Singleton Expected Decision Level: Officer Delegation
Officer’s Report APPLICATION SITE
1.1 The site is the curtilage of the Former Burton's Building, 20 Victoria Street, Douglas which is situated on the corner of Duke Street and Victoria Street in the heart of Douglas Town Centre. The building is three storeys and has a flat roof at the top level on which there is a lantern light. The façade is notable for being finished in faience tiles in the Art Deco Style favoured by and synonymous with, Montague Burton and his Burton's stores in the early 20th century. - 1.2 The site lies within an area designated on the Douglas Local Plan of 1998 as Predominantly Shopping and within the Athol Street/Victoria Street Conservation Area designated in November
2.1 This application seeks planning approval for the installation of 3 overhead awnings 4.3m wide which extend out 2.0m over the proposed outdoor seating area consisting of 4 tables and 16 chairs along Victoria Street. The extended height of the awning will give a clear distance of 2.3m when fully extended to allow for clear headroom for pedestrians. Along with the canopy is the proposal of 3 infrared patio heat lamps 330mm x 230mm x 150mm to sit beneath the awnings. To facilitate their installation the existing light box fascia will be removed, exposing the masonry behind, which is proposed to be made good and redecorated in new corporate colours (RAL7021). - 2.2 The three awnings will be a canvas material, black in colour and will be supported by Aluminium frames attached the main building. The awning will be retractable into the cassette housing fixed against the front wall along Victoria Street, and therefore will not permanently projected outwards. The awnings will project outwards fully by 2.0m and lie 2.3 metres above the pavement and will not have any writing imprinted on their front. Registered Building consent is also being sought for these works - 15/01155/CON). - 2.3 The proposed outdoor seating area measures 2.0m from the building along Victoria Street with removable freestanding canvas barriers at each end, for a length of 9.5m in agreement with the highway authority. The awnings are solely to Victoria Street. There remains at least 3m of unobstructed footway to Victoria Street. Originally, the application included the provision of external seating along the frontage with Duke Street but this element has now been removed from the scheme. - 2.4 Further applications (15/01152/D & 15/01153/CON) have been submitted which address the external illuminated signage on the building, showing the corporate colours, logo and positioning of
these illuminated signs. The colour schemes (Black/Grey) of this and the express consent application are read in conjunction with and complement each other.
3.1 The following applications are considered relevant:
4.1 In terms of local plan policy, the application site is an area designated as an area of predominantly shopping use under the Douglas Local Plan Order 1998 Map No. 1 (Central Area).
As the former Burton's Building, 18a - 20 Victorian Street is a Registered Building located within the Athol Street/Victoria Street Conservation Area designated in November 2007, there are a number of relevant planning policies from the Isle of Man Strategic Plan 2007 are considered specifically material to the assessment of this current planning application;
4.2 Strategic Policy 4 states: "Proposals for development must:
4.3 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:
4.4 Environment Policy 32 states: "Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted." - 4.5 Environment Policy 34 states: "In the maintenance, alteration or extensions of pre-1920 buildings, the use of traditional materials will be preferred." - 4.6 Environment Policy 35 states; "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will
4.9 RB/5: Alterations and Extensions states: "In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. - 4.10 Policy CA/2 - Special Planning Considerations states; "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.
Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."
4.11 Transport Policy 6: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users."
5.1 Douglas Borough Council has no objection to the application (30.10.15).
5.2 Highways Services initially objected to the original works to the carriageway (09.10.2015) but following discussions on site and amended drawings, highways services do not object and recommend approval (14/01/15).
5.3 An objection has been received on behalf of the owners of the neighbouring properties nos 47 & 49 Duke Street, by an Architect explaining concerns over the lack of on-site space designated for storage of refuse and any increase in the number of wheelie bins would restrict access to the rear service lane. Part of the objection is regarding outside seating area, would impede access for the emergency services vehicles through the street as there is already approval for outside seating to no. 40 Duke Street (25.10.15).
6.2 In respect of the proposal on the Conservation Area it is considered that the awning is a relatively modest addition to the building and would be an acceptable form of development as it will not have an undue impact on the building and is judged to enhance the character of the dwelling. The proposed awning respects the site and the surrounding area as there are a number of awnings on adjacent buildings in the street scene.
6.3 The issue raised from the neighbouring property owner concerning the bin storage and access to the rear lane, whilst this is a legitimate concern, this relates to the use of the building, which is not proposed here and has approval under an earlier application. With regard to impeding access as a result of this application and that of 40 Duke Street, it is understood the permission for 40 Duke Street approved under PA12/00328/gave consent for seating to a width of 1.5m that projects out 1.8m from the front of the building. The pavement width is just over 5m. Highways comments were taken on board and the seating along Duke Street was removed by the applicant so that the seating corresponded with the awning overhead along Victoria Street to mitigate the concerns along Duke Street. The seating along Victoria street has also been amended to ensure there is safe passage of pedestrian access between the street furniture giving an unobstructed route.
6.4 With regard to the height of the awning above the ground level, it is understood this will be
6.5 The dark colour scheme chosen would reflect the company's corporate colours and is perceived to be non contentious. The continuous use of one horizontal colour banding would act to clearly distinguish the ground floor retail coffee shop from the professional offices above. This would be seen as complimentary to the building and that of the conservation area when read in conjunction with the current application for advertisement consent as mentioned above, which would not have a detrimental impact on the building or that of the conservation area. - 6.6 The proposed outdoor seating area is not uncommon within the street scene, and would provide a minimum of 3 metres unobstructed footway along Victoria Street for pedestrian access. - 6.7 It is judged that the impact of the development on the Conservation Area would be positive, and when balanced with the benefits that the development could bring, the proposal is considered acceptable.
7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2007 and is recommended for approval subject to conditions.
7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
In this instance, it is recommended that the following persons have sufficient interest and should be awarded the status of an Interested Person in accordance with Government Circular 0046/13:
The owners of 47 and 49, Duke Street, Douglas
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
1.1 The site is the curtilage of the Former Burtons Building, 20 Victoria Street, Douglas which is situated on the corner of Duke Street and Victoria Street in the heart of Douglas Town Centre. The building is three storeys and has a flat roof at the top level on which there is a lantern light. The façade is notable for being faience in the Art Deco Style favoured by and synonymous with, Montague Burton and his Burton's stores in the early 20th century. - 1.2 The site lies within an area designated on the Douglas Local Plan of 1998 as Predominantly Shopping and within the Athol Street/Victoria Street Conservation Area designated in November
2.1 This application seeks planning approval for the installation of 3 overhead awnings 4.3m wide which extend out 2.0m over the proposed outdoor seating area consisting of 4 tables and 16 chairs along Victoria Street. The extended height of the awning will give a clear distance of 2.3m when fully extended to allow for clear headroom for pedestrians. Along with the canopy is the proposal of 3 infrared patio heat lamps 330mm x 230mm x 150mm to sit beneath the awnings. To facilitate their installation the existing light box fascia will be removed, exposing the masonry behind, which is proposed to be made good and redecorated in new corporate colours (RAL7021). - 2.2 The three awnings will be a canvas material, black in colour and will be supported by Aluminium frames attached the main building. The awning will be retractable into the cassette housing fixed against the front wall along Victoria Street, and therefore will not permanently projected outwards. The awnings will project outwards fully by 2.0m and lie 2.3 metres above the pavement. And will not have any writing imprinted on their front. (RB no 223 in association with 15/01155/Con). - 2.3 The proposed outdoor seating area measures 2.0m from the building along Victoria Street with removable freestanding canvas barriers at each end, for a length of 9.5m in agreement with the highways authority. The awnings are solely to Victoria Street. There remains at least 3m of unobstructed footway to Victoria Street. Originally, the application included the provision of external seating along the frontage with Duke Street but this element has now been removed from the scheme. - 2.4 Further applications (15/01152/D & 15/01153/CON) have been submitted which address the external illuminated signage on the building, showing the corporate colours, logo and positioning of these illuminated signs. The colour schemes (Black/Grey) of this and the express consent application are read in conjunction with and complement each other. PLANNING HISTORY
3.1 The following applications are considered relevant:
4.1 In terms of local plan policy, the application site is an area designated as an area of predominantly shopping use under the Douglas Local Plan Order 1998 Map No. 1 (Central Area).
As the former Burtons Building, 18a - 20 Victorian Street is a Registered Building located within the Athol Street/Victoria Street Conservation Area designated in November 2007, there are a number of relevant planning policies from the Isle of Man Strategic Plan 2007 are considered specifically material to the assessment of this current planning application;
4.2 Strategic Policy 4 states: "Proposals for development must:
4.3 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:
4.4 Environment Policy 32 states: "Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted." - 4.5 Environment Policy 34 states: "In the maintenance, alteration or extensions of pre-1920 buildings, the use of traditional materials will be preferred." - 4.6 Environment Policy 35 states; "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."
4.7 "Planning Policy Statement 1/01 RB/3: General Criteria Applied in Considering Registered Building Applications. The issues that are generally relevant to the consideration of all registered building applications are:
4.9 RB/5: Alterations and Extensions states: "In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. - 4.10 Policy CA/2 - Special Planning Considerations states; "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.
Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."
4.11 Transport Policy 6: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users."
5.1 Douglas Borough Council has no objection to the application (30.10.15).
5.2 Highways Services initially objected to the origional works to the carriageway (09.10.2015) but following discussions on site and amended drawings, highways services do not object and recommend approval (14/01/15).
5.3 An objection has been received on behalf of the owners of the neighbouring properties nos 47 & 49 Duke Street, by an Architect explaining concerns over the lack of on-site space designated for storage of refuse and any increase in the number of wheelie bins would restrict access to the rear service lane. Part of the objection is regarding outside seating area, would impede access for the emergency services vehicles through the street as there is already approval for outside seating to no. 40 Duke Street. ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application are (i) whether the development would detrimentally affect the character of the building as the building is
of special architectural or historic interest; (ii) whether the development 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. It is also relevant to consider the impact of the development on highway safety, including that of pedestrians and the impact of the proposal on the operation of neighbouring activities.
6.2 In respect of the proposal on the Conservation Area it is considered that the awning is a relatively modest addition to the building and would be an acceptable form of development as it will not have an undue impact on the building and is judged to enhance the character of the dwelling. The awning proposed respects the site and the surrounding area as there are a number of awnings on adjacent buildings in the street scene.
6.3 The issue raised from the neighbouring property owner concerning the bin storage and access to the rear lane, whilst this is a legitimate concern, this relates to the use of the building, which is not proposed here and has approval under an earlier application. With regard to impeding access as a result of this application and that of 40 Duke Street, it is understood the permission for 40 Duke Street approved under PA12/00328/gave consent for seating to a width of 1.5m that projects out 1.8m from the front of the building. The pavement width is just over 5m. Highways comments were taken on board and the seating along Duke Street was removed by the applicant so that the seating corresponded with the awning overhead along Victoria Street to mitigate the concerns along Duke Street. The seating along Victoria street has also been amended to ensure there is safe passage of pedestrian access between the street furniture giving an unobstructed route.
6.4 With regard to the height of the awning above the ground level, it is understood this will be 2.3m and is not considered to harm pedestrians and has no impact no highway safety. - 6.5 The dark colour scheme chosen would reflect the company's corporate colours and is perceived to be non contentious. The continuous use of one horizontal colour banding would act to clearly distinguish the ground floor retail coffee shop from the professional offices above. This would be seen as complimentary to the building and that of the conservation area when read in conjunction with the current application for advertisement consent as mentioned above, would not have a detrimental impact on the building or that of the conservation area. - 6.6 The proposed outdoor seating area is not uncommon within the street scene, and would provide a minimum of 3 metres unobstructed footway along Victoria Street for pedestrian access. - 6.7 It is judged that the impact of the development on the Conservation Area would be positive, and when balanced with the benefits that the development could bring, the proposal is considered acceptable.
7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2007 and is recommended for approval subject to conditions. INTERESTED PERSON STATUS - 8.1
Recommendation Recommended Decision: Permitted Date of Recommendation: 29.01.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions C 1. The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.
Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.
This approval relates to drawing reference numbers 15/2481/10C date stamped as received 21/01/2016
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 04.02.2016 Determining officer
Signed : J CHANCE Jennifer Chance Head of Development Management
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