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16/00353/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/00353/B Applicant : Heron & Brearley Ltd Proposal : Creation of an outside seating area Site Address : 1 Quines Corner Douglas Isle Of Man IM1 4LF
Case Officer : Miss Abigail Morgan Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE APPLICATION SITE
1.1 The application site is part of the highway area to the front of 1 Quine's Corner (Vino) along North Quay, which is within ownership of the Department of Infrastructure.
1.2 Vino is currently operating on the ground floor as a mixed use wine bar and shop restaurant. The property is an end of block corner building in a prominent location which faces South on the corner of North Quay and Quine's Corner.
1.3 The site is within the Douglas (North Quay) Conservation Area.
2.0 THE PROPOSAL
2.1 Full planning approval is sought for the change of use of the highway adjacent to the frontage of 1 Quine's Corner know known as 'Vino' North Quay to an outdoor seating area along with the erection of post-and-rail banners to separate the area from the Highway. The new area would be 5.5m x 1.2m, including the access to the unit. Around this proposed seating area are proposed steel post to be 1m-high stainless steel with fabric panels between, the panels have advertising on them. The adverts are the subject of a separate application 16/00445.
2.2 While not shown on the drawings, the agent has confirmed that the steel posts will be in stainless steel sockets set flush into the pavement, and they would be willing to accept a condition.
2.3 Following consultation with Douglas Corporation the scheme was amended (plans received (13.05.16) so that the proposed seating area is 1800mm away from the road.
3.0 PLANNING HISTORY
3.1 The application site and surrounding area has been the subject of a number of planning applications, the following of which are considered to have material relevance to the determination of the current planning application:
At 14 North Quay: o 09/02102/B - Alterations, erection of an extension to rear elevation and change of use of first floor from residential to restaurant - APPROVED o 10/00680/B - Extension of existing outside seating area - APPROVED o 10/00681/B - Installation of illuminated and non illuminated signage - REFUSED
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16/00353/B
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Others along North Quay: o 06/00655/B - Highway improvement works from junction of Quines Corner to Parade Street Roundabout - APPROVED
o 16/00458/C - Extension of existing outside area [at 32 North Quay] - PCO o 16/00353/b - Creation of outside area [at 1 Quine's Corner] - PCO o 15/00610/B - Creation of an outside seating area (retrospective) [Former The Clarendon, Farmers Retail & Douglas Hotel Site] - APPROVED o 15/00611/D - Adverts on panels of seating area - APPROVED o 13/00346/B - Creation of an outside seating area [at 32 North Quay] - APPROVED o 08/00793/B - Creation of an outside seating area [at The British Hotel] - APPROVED o 09/00303/B - Creation of an outside seating area [at 35 North Quay] - APPROVED
4.0 PLANNING POLICY
4.1 The site is within a wider area zoned for Town Centre uses on Map No.1 (Central Area) of the Douglas Local Plan Order (1998); no Written Statement accompanies the Douglas Local Plan. As the site is also within the Douglas (North Quay) Conservation Area, there are two policies of specific relevance within the Isle of Man Strategic Plan (2007): General Policy 2 and Environment Policy 35.
4.2 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 (relevant parts quoted): (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces 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; (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 unacceptable effect on road safety or traffic flows on the local highways; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them.
4.3 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".
4.4 Transport Policy 4 states that .. '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'.
4.5 Transport Policy 6 also states that; "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".
4.6 The wording of the following policy of PPS 1/01, which is entitled 'Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man', is worthy of note.
4.7 Policy CA/2 - 'Special Planning' states:
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"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."
5.0 REPRESENTATIONS
5.1 DOI Highways Division have no objection to the proposal. They state that normally an absolute minimum of 1.8m of unobstructed footway is required, however due to the very short distance of 400mm they will accept 1.5m in this instance (09.05.2016).
5.2 Douglas Corporation initially objected to the narrowing of footway (29.04.16), now have removed their objection on receipt of amended plans increasing set back from road to 1.8m (18.05.16).
6.0 ASSESSMENT
6.1 The key issues to take account of are the extent to which the proposal would preserve or enhance the character or appearance of the Conservation Area, the impact on highways safety and any impact on the Douglas Hotel, which is a registered building.
6.2 North Quay is increasingly becoming an attractive, pedestrian friendly area with alfresco dining and drinking facilities for the establishments on the Quay. A number of restaurants and public houses are found here, and a number of these have outdoor seating areas. The re-laying of the highway (both pavement and road) along North Quay that was completed apx ten years ago has resulted in a number of such areas being granted planning approval where these have been found to not have a negative impact on highway safety. External seating areas provide cafes, bars and restaurants with additional facilities to provide customers with the option of being able to sit outdoors whilst enjoying beverages and meals.
6.3 It is not considered that adding to an existing seating area would in itself have a negative impact on the Conservation Area ; indeed, the proposal would allow the success of the area in this regard to continue and, as such, the proposal is considered to comply with Environment Policy 35. For similar reasons, the proposal is likely to comply with those elements of General Policy 2 that require attention be paid to the amenity of an area in term of use and its visual impacts.
6.4 The distance between the seating area and the highway would still allow pedestrians 1.8m of width between the edge of the seating area and the highway. This is considered acceptable as there would be adequate width between the edge of the proposed seating area and highway to allow people to pass with ease without impacting upon the safety of pedestrians. The positioning near a road junction, as well as the shared surface used here, is such as to be likely to reduce vehicle speeds to sufficiently low levels adjacent the application site.
6.5 It is therefore considered that there are no fundamental objections to the proposal in respect of the relevant planning policies or Local Plan zoning. This view is taken having had regard to the planning history of the site and the surrounding area.
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6.7 With regards to the details of the proposed posts the supplied details and illustration indicates that they will be silver steel posts with black fabric panels, similar to other features within the locality.
6.8 It is noted that the banners shown in the submitted plans do carry advertising, these are the subject of a separate application 16/00445/D.
6.9 It is considered that addition of an external seating area could be beneficial to the visual amenities of the area, and enrich the existing quality of the street scene and Conservation Area in compliance with Environment Policy 35 and offer a cosmopolitan feel to the area and provide the community with additional facilities.
7.0 RECOMMENDATION
7.1 It is recommended that the application is approved.
8.0 PARTY STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.
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.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.05.2016
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
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C 2. The proposed steel posts shall be fixed to the pavement with sockets set flush into the pavement, and thereafter retained as such or until such time they are no longer required then the pavement shall be restored to its former conditon.
Reason: In the interests of highway safety and visual amenity of the area.
This approval relates to Location Plan 1609-QC-100 date stamped received 23 March 2016 and drawing nos 1609-QC-200 Rev E and 201 Rev A both date stamped received 13 May 2016.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 27.05.2016
Determining officer
Signed : S CORLETT Sarah Corlett
Senior Planning Officer
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