191962

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                                      24/00084/B                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 24/00084/B Applicant : Mr Jamie Blair Proposal : Outdoor seating area with awning over Site Address : Nelson House 2 Prospect Hill Douglas Isle Of Man

Planning Officer: Toby Cowell Photo Taken : Site Visit : Expected Decision Level :

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 21.06.2024 __

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason. The proposals are considered to be acceptable from a design standpoint, whilst ensuring that the character of the Conservation Area is successfully preserved. The development therefore accords with Strategic Policy 5, Spatial Policy 1, General Policy 2 and Environment Policies 35 and 42 of the Isle of Man Strategic Plan (2016).

Plans/Drawings/Information; This approval relates to the following drawings and documents referenced;

Agents response to highways consultation Received 29.05.24

101 - location plan 100 - existing plans 200 - proposed plans Design statement Received 07.02.24

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__

Interested Person Status - Additional Persons

None. __

Officer’s Report

1.0 THE SITE 1.1 The application site relates to a ground-floor café at Nelson House, situated on the corner of Nelson Street and Prospect Hill. Nelson Street is a pedestrianised thoroughfare leading north-eastward towards Marks and Spencer and providing a useful cut through to Strand Street. The site sites directly opposite the Thirsty Pidgeon Public House on the opposite side of Nelson Street, which includes an area of segregated outside seating.

2.0 THE PROPOSAL 2.1 Planning permission is sought for the siting of a raised timber decking area on Nelson Street outside the café premises, which would comprise a total depth of 1.475m and width of 5.55m. The decking would accommodate outdoor seating for customers and extend to a maximum height of 1.27m above the downward sloping ground level.

2.2 Permission is further sought for the installation of an awning above, with dimensions matching those of the decking area below.

2.3 Following the submission of additional information, the applicant's agent has clarified that the decking would be built in such a way that it splits into two sections, with an acknowledgment that the removal of decking would be required and the applicant's responsibility in the case that emergency access through Nelson Street were required.

2.4 Likewise, the decking would be installed on plastic sleepers laid in the direction of the fall of the street to ensure the passage of surface water beneath the decking itself.

3.0 PLANNING HISTORY 3.1 None of relevance.

4.0 PLANNING POLICY 4.1 The site lies within the Mixed Use Area 3 - Strand Street as shown within the Area Plan for the East, whilst also falling within the Athol Street and Victoria Street Conservation Area.

4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;

Strategic Policy 2 Priority for new development to identified towns and villages 3 To respect the character of our towns and villages 5 Design and visual impact

Spatial Policy 1 Development in Douglas

General Policy 2 General Development Considerations

Environment Policy 35 Development within Conservation Areas

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42 Designed to respect the character and identity of the locality

Transport Policy 4 Highway safety

5.0 REPRESENTATIONS 5.1 Douglas City Council - No objections. (23.02.24)

5.2 Highway Services - Highways HDC have reviewed the updated information for application 24/00084/B dated 29 May 2024 online and the applicant has satisfactorily addressed the comments made on HDC dated 23 Feb 2024. Accordingly, HDC do not oppose (DNO) the application. A street café licence will be required via Douglas Borough Council and an oversailing of the highway licence will be required for the awning via Highway Services. (30.06.24)

5.3 Registered Buildings Officer - no response received at the time of writing.

5.4 Manx National Heritage - no response received at the time of writing.

6.0 ASSESSMENT 6.1 The site falls within Mixed Use Area 3 in Douglas whereby there is a presumption in favour of a range of uses, including those directed at food and drink establishments.

6.2 The premises relates to an existing lawful establishment which seeks to provide a covered outdoor seating area for customers of the café, the principal of which is not objected to. The design and form of the decking area is considered to be acceptable and of a high quality, with the use of timber further welcomed. Likewise, the awning is not considered to be visually intrusive and indeed would appear sympathetic to the character and appearance of the immediate locality, particularly in the context of the wider Conservation Area.

6.3 Following the submission of additional information and clarification, no concerns have been raised by Highway Services with respect to the construction of the decking area and its ability to be removed in the case where access by emergency vehicles is required. Likewise, the method of construction is such that the decking would not impede the flow of surface water from Prospect Hill north-eastward down Nelson Street. No concerns have been raised by Highway Services over the awning, but note that a street café licence will be required from Douglas City Council, together with a highway licence due to the oversailing of the awning from Highway Services.

6.3 Given the above, the proposals are considered to sufficiently preserve the character and appearance of the existing property and that of the wider Conservation Area, whilst further not giving rise to a highway safety issues, in compliance with General Policy 2, Environment Policies 35 and 42 and Transport Policy 4.

7.0 CONCLUSION 7.1 The proposals are considered to be acceptable from a design standpoint, whilst ensuring that the character of the Conservation Area is successfully preserved. The development therefore accords with Strategic Policy 5, Spatial Policy 1, General Policy 2 and Environment Policies 35 and 42 of the Isle of Man Strategic Plan (2016). The application is therefore recommended for approval.

8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf);

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(b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status __

I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 21.06.2024

Determining officer Signed : A MORGAN Abigail Morgan

Acting Head of Development Management

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.