CHIEF SECRETARY'S OFFICE

Oik yn Ard-Scrudeyr

Our Ref: DF12/0006 Planning Application Ref.No: 12/00328/B

THE TOWN AND COUNTRY PLANNING ACT 1999

TOWN AND COUNTRY PLANNING DEVELOPMENT (PROCEDURE ORDER) 2005

Secretary Planning Committee Department Of Infrastructure Murray House Mount Havelock Douglas

| Applicant: | Omer Vahaplar | | --- | --- | | Proposal: | Creation of cafe outside seating area and installation of awning, 40 Duke Street Douglas Isle Of Man IM1 2AX |

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 14th June 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: 19th June 2012 | | | --- | --- | | Chief Secretary's Office | | | Government Offices | | | Bucks Road | | | Douglas | |

Mr W Greenhow ACMA Chief Secretary

CONDITIONS OF APPROVAL:

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This permission relates to the creation of a cafe outside seating area and installation of an awning at 40 Duke Street, Douglas as shown on the Location Plan, Site Plan and Seating Plans received on 13 April 2012.
3. The awning detail shown on plans received on 2 March 2012 shall be amended to restrict the awning projection distance to 1.8 metres unless otherwise agreed in writing with the Planning Authority.

The Council of Ministers Government Offices Douglas IM1 3PN 6 June 2012 Planning Application: 12/00328/B Chief Secretary's Ref. No: DF12/0006 Application by Omer Vahaplar for the creation of café outside seating area and installation of an awning at 40 Duke Street, Douglas.

PRELIMINARY MATTERS

1. This report is based upon written representations and a site visit carried out on 14 May 2012. It contains a description of the site and proposal, a summary of the submitted representations and my assessment and recommendation.

SITE DESCRIPTION AND PROPOSAL

2. The ground floor of No. 40 Duke Street is used as a café and the application site is formed by the curtilage of that property and part of the pavement adjoin the site. The locality has a mixture of uses, including cafes and shops. It is proposed to form an outside seating area measuring 5.5 metres wide and projecting 1.8 metres from the front of the appeal building; a pavement width of just over 5 metres would be retained. Tables and chairs would be within the seating area bounded by barriers consisting of poles and rails. The scheme also shows an awning that would project 5.5 metres over the pavement. However, in later correspondence the applicant accepted that he had made a mistake and asked that a condition be attached restricting the awning to a projection of 1.8 metres in order to cover the seating area. A heater would be attached to the existing window frame and face down towards the seating.
3. The property is situated within the Douglas Athol Street/Victoria Street Conservation Area 2007 and within an area designated as Predominantly Shopping on the Isle of Man Planning Scheme (Douglas Local Plan) Order Map No. 1 (Central Area).

CONSULTATIONS

Planning Division of the Department of Infrastructure

The material points are:

4. The Division quotes various planning policies that were judged to be relevant. The Strategic Aim of the Strategic Plan 2007, Strategic Policy 4 (Protection of Conservation Areas) and Strategic Policy 10 (promotion of an integrated transport network). Also, General Policy 2 (development to be in accord with land use zoning), Transport Policy 1 (use of existing transport facilities) and Transport Policy 4 (design of new and existing highways for use by vehicles and pedestrians). The Division recommends that permission be granted subject to a condition relating to the period of commencement and a condition identifying the submitted plans and documents.

Highway Division of the Department of Infrastructure

The material points are:

5. No objection subject to retention of a 4.5 metre wide area of pavement for emergency services. Also, that the seating area is contained by an approved barrier.

Douglas Corporation

The material points are:

6. No response recorded on the file.

Objectors

The material points are:

7. There are no objections recorded on the file.

ASSESSMENT

8. Having visited the site and locality, as well as having read the written representations, I have conclude that the main issues in this case are firstly, whether adequate space for pedestrians and service vehicles would remain within the pavement area once the seating area has been constructed. Secondly, whether the scheme would preserve the character and attractiveness of this part of the adopted Conservation Area.

9. The proposed seating area would comply with the requirements of the Highway Division and adequate pavement width would be retained for use by pedestrians and emergency services. In my

opinion, the introduction of such a seating area into the shopping area would preserve the attractiveness of this part of Duke Street; the seating area is very restricted in size. Accordingly, I suggest the scheme would comply with the planning policies quoted by the Planning Division and preserve the character and attractiveness of this part of the Conservation Area. I also concur with the suggested conditions as the first is a statutory requirement and the second would restrict the proposed development to the approved plans and documents. However, as an error has been made in the dimensions of the proposed awning, I suggest that a condition should be imposed amending the extent of the awning to 1.8 metres in accordance with the wishes of the applicant.

RECOMMENDATION

10.I recommend that planning permission be granted subject to the following conditions: a) The development hereby permitted shall commence before the expiration of four years from the date of this notice. b) This permission relates to the creation of café outside seating area and installation of an awning at 40 Duke Street, Douglas as shown on the Location Plan, Site Plan and Seating Plans received on 13 April 2012. c) The awning detail shown on plans received on 2 March 2012 shall be amended to restrict the awning projection distance to 1.8 metres unless otherwise agreed in writing with the Planning Authority.

David G Hollis

Inspector

Application No.12/00328/B