15 March 2012 · Council of Ministers
Edinburgh Hotel, 13, Loch Promenade, Douglas, Isle Of Man, IM1 2lx
The proposal involved slightly widening the existing unenclosed pavement cafe seating area by 0.2m, extending it westwards by 0.5m towards Villiers Lane, and eastwards around the corner into Loch Promenade by 2m, using planters and low canvas barriers.
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The inspector identified two main issues: highway safety/pedestrian convenience and impact on the Douglas Promenades Conservation Area.
General Policy 2
Requires safe and convenient manoeuvring space for all highway users (h). Assessed against proposal providing 2.1m clear pavement complying with cafe guidelines; lay-by buffers traffic; no adverse effect on pedestrians or road safety despite previous concerns.
Environment Policy 35
Requires development in conservation areas to preserve or enhance character/appearance. Seating area with planters/barriers enhances touristic character of promenade area, adding interest/activity to street scene consistent with 'Predominantly Tourism' zoning.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the extension of the existing external seating area at the Cafe, Admiral House, 12 - 13 Loch Promenade, Douglas IM1 2LX as shown on the 1:1250 site plan and Drwg Nos AT1125.1, AT1125.2 and AT1125.4, all date stamped 19th December 2011.
Does not oppose; complies with Guidelines leaving 2.1m clear (over 2m minimum); existing area operated without complaints including TT week
no objection to the proposal
Douglas Borough Council has no objection to the proposal. Highways Division does not oppose subject to a condition requiring contact prior to highway works.
Douglas Borough Council
No ObjectionDouglas Corporation have no objection to the proposals listed below.
Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following condition
Conditions requested: Applicant shall contact the Network Operations Section of the Department of Infrastructure prior to carrying out any works within the highway, including the installation of dropped kerbs. Telephone 686665.
The original application 11/01737/B for extending the external seating area at the Café, Admiral House was to be decided by the Council of Ministers due to land ownership by the Department of Infrastructure, with no explicit refusal stated but prior related permission refused in 2008 on highway safety grounds. The appellant sought approval for a slight widening and extension of the existing unauthorised seating area, complying with updated pavement café guidelines. The inspector assessed highway safety and conservation area impacts, finding no adverse effects on pedestrian safety due to compliance with 2m minimum pavement width (proposing 2.1m) and enhancement of the touristic character. Highways Division and Douglas Borough Council raised no objections. The inspector recommended planning approval subject to conditions.
Precedent Value
Demonstrates that updated local guidelines can override prior appeal refusals on similar sites; applicants should prioritise compliance with highways standards and evidence of safe operation to succeed on highway safety grounds in busy urban areas.
Inspector: Ruth MacKenzie BA(Hons) MRTPI
