RECEOHIER SECRETARY'S OFFICE

31 DEC 2012

Olk yn Ard-Scrudeyr

Our Ref: DF12/0023 Planning Application Ref.No: 12/01209/C

THE TOWN AND COUNTRY PLANNING ACT 1999

TOWN AND COUNTRY PLANNING DEVELOPMENT (PROCEDURE ORDER) 2005

Planning Secretary Department of Infrastructure Planning and Building Control Division Murray House Mount Havelock Douglas

| Applicant: | Heron & Brearley Ltd | | --- | --- | | Proposal: | Creation of outside seating area, Artisan 28 Victoria Street Douglas Isle Of Man IM1 2LE |

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 20th December 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: 24th December 2012 | | | --- | --- | | Chief Secretary's Office | | | Government Offices | | | Bucks Road | | | Douglas | |

Mr W Greenhow ACMA Chief Secretary

CONDITIONS OF APPROVAL:

1. The advertisement installation hereby approved shall commence before the expiry of four years from the date of this decision.
2. This consent relates to the installation of demarcation barriers with signage as shown on drawing Nos 205, 206, ART-EX01, ART-EX04, ART EX-05 and "Brandline Barrier System" drawing all received on 31 August 2012.
3. Prior to the advertisement barriers being installed a drawing to the scale of 1:20 indicating the precise dimensions and positioning of the barrier advertisement stands and banners shall be submitted to and approved in writing by the Planning Authority. The advertisement stands, signs and barriers shall there after not be positioned any closer to the highway than the dimensions shown on the approved drawing.

RECEIVED ON

Refs; DF12/0023 & DF12/0024 31 DEC 2012 Applications 12/01209/C & 12/01210/D DEPARTMENT OF REFARTMENTS Refs: DF12/0023 & DF/12/0024 Application Nos: 12/01209/C & 12/01210/D

Report on Planning Applications

Written representation case: Site Inspection held on 19 November 2012 Applications by: Heron and Brearley for (A) planning approval for the creation of an outside seating area (the planning application) and (B) advertisement consent for the installation of demarcation barriers with signage (the advertisement consent application) both at Artisan, 28 Victoria Street, Douglas, Isle of Man.

Introduction

1. Because the applications relate to land in which the Department of Infrastructure has a vested interest, they fall to be determined by the Council of Ministers under the provisions of 10(1)(b) of The Town and Country Planning (Development Procedure) Order 2005.
2. This report provides brief descriptions of the applications site and the proposals; land-use designation and relevant policy; a summary of the written statements and comments by the Planning Authority; The Highways Division and the applicant (fuller details are available for reference in the case files). My assessments, conclusions and recommendations then follow.
3. The applications are inextricably linked in that that the first (12/01209/C) relates to an outside seating area to the front of the wine bar known as Artisan and the second (12/01210/D) relates to the two barriers which enclose the seating and include advertisement signage.

The applications site and the proposals

4. The site is located outside of the mixed use property at 28 Victoria Street, and is located within the Athol Street/Victoria Street Conservation Area 2007. The building has previously been subject to planning permission(s) for conversion to a wine bar with offices on the upper floors.
5. The proposed outside seating area is located on either side of the entrance doors to the wine bar on the relatively wide ( 3.6 m ) pavement on the northern side of the street and would extend around 1.2 m into the pavement. On the application drawings there is just one table shown on either side of the doors, each with two chairs. With the seating and barriers in place there would be a remaining pavement width of around 2.4 m . There are removable box planters ( 1200 \times 500 \times 500 ) to the east and west and these form barriers between the outside seating area and the entrances to the offices on either side.
6. The two advertisement barriers are shown as being around 1.6 m long and 1 m in height and are made from stainless steel support columns and bases with canvas spanning between the columns. The 'Artisan' name or logo is printed on to the canvas fabric material.

Land use designation and relevant policy

7. The site lies in an area of Douglas which is designated as Predominantly Offices by the Douglas Local Plan (Map No 1). However, immediately to the east the land use designation changes to Predominantly Shopping.

8. The relevant policies are contained within the Isle of Man Strategic Plan, 2007 (IOMSP). Environment Policy 35 (relating to Conservation areas) and Transport Policy 6 (relating to the needs of pedestrians and other road users) are relevant to both the planning application and the advertisement consent application. In addition Environment Policy 37 (advertisements within conservation areas) is relevant in relation to the advertisement consent application.

9. The planning authority statement also refers to Environment Policy 38 but the wording of this policy relates to 'Advertisements close to conservation areas'. This proposed advertisement lies within the conservation area.

Statement by the Planning Authority

10. The points made, in summary, are as follows:

• There have been a growing number of applications for pavement cafes in this area over recent years.
• The Department supports such proposals provided they do not undermine pedestrian safety and do not harm the visual amenity of the area.
• A retained pavement width of 2.4 m would be provided.
• The Highways Division has commented that a minimum of 2 m pavement width should be retained.
• The Highways Division is concerned about the amount of space required to service the outside area and to allow adequate space to manoeuvre. \therefore The main issue would, therefore, seem to be whether the amount of space proposed for the café area is sufficient to allow the café to function without detrimentally affecting pedestrian movements.

The Highways Division

11. The points made, in summary, are as follows:

• The width of the footpath is 3.6 m and an unobstructed pedestrian footpath of 2 m is required. The useable space of an outside seating area is 1.6 m .
• 900 mm of serving/manoeuvring is required from the front of the building to the table/chair. A table for food measures 850 mm and the barrier footing measures 175 mm . Total space required is 1.925 m .
• The proposed seating area cannot be provided within the proposed space.

Statement by the Appellant

12. The points made, in summary, are as follows:

• The ergonomics of the area have been carefully considered and the proposed enclosed space would be wholly suitable from an operational point of view.
• The area is intended for customers to take their purchased drinks and consume them outside.
• The staff will be able to service the tables from the central clear area of the pavement café and would be able to reach all parts of the area to clean and collect glasses without having to venture outside of the delineated area.
• There will be no detrimental effect on pedestrian movements outside of the designated and delineated seating area.
• Customers would be able to enter and exit the seating area from inside the building without hindering pedestrian movements.
• This seating area can be serviced and managed efficiently without any detriment to the free flow of passing pedestrians.

Assessment and Conclusions

13. The main issues in both cases are firstly, the effect that proposal would have on the character and appearance of the Atholl/Victoria Street Conservation Area and, secondly, the effect on traffic and pedestrian safety.

14. The principle of an outdoor seating area is acceptable and this proposal aims to follow the basic principles set out in the guidelines on the use of the Public Highway for Pavement Cafes. Similar proposals have been approved within the conservation area and this part of Douglas. Having seen this modest proposal, with its two tables, four chairs and restrained advertising which matches the existing signage, I consider that the character and appearance of the Atholl/Victoria Street Conservation Area would be preserved by the scheme.

15. The proposal would add interest and vitality to the street scene, as well as providing economic and social benefits generally. On the first issue, therefore, I find that the proposal would accord with the aims of policies EP35 and EP37 of the IOMSP 2007.

16. On the second issue the Highways Division is concerned that in servicing the two tables the operators of the café would stray into the footway area to the detriment of the free flow of pedestrians and that this could affect the safety of those using the footway. However, it would appear from the submitted drawings that a retained pavement width of just over 2.4 m could be achieved. This is 400 mm in excess of the normally required pavement width. If this width can be retained (and the operators indicate that this is the case) then the proposal would be acceptable.

17. The Highways Division seems to have based its case on a food table size of 850 mm (in diameter) and a useable space of an outside seating area being 1.6 m wide. However the 1:50 scale submitted drawing clearly shows that the table diameter is less than 850 mm and the maximum distance from the outside wall of the building to the outside edge of the barrier base would be less than 1.5 m . It would appear, therefore that there would be more than a 2 m width of pavement remaining.

18. The operator is convinced that they would have adequate space to service each table from within the barrier and I have no reason to question this. A waiter could easily service each of the tables, in my view, without the need to use any more of the pavement width than that within the barriers. I consider that the amount of space proposed for the café area is sufficient to allow the café to function without detrimentally affecting pedestrian movements or their safety along Victoria Street.

19. In conclusion, therefore, I consider that the proposals for the outdoor seating area and the display of the barrier advertisement stands accord with Policies Environment Policy 35 (relating to Conservation areas) and Transport Policy 6 (relating to the needs of pedestrians and other road users) and that, in addition the proposed advertisement accords with Environment Policy 37 (advertisements within conservation areas).

20. It follows that planning approval and advertisement consent should be granted. In both cases I consider that the conditions suggested by the planning authority are necessary and appropriate. In addition I consider it necessary that a drawing to a scale of 1:20 showing the precise dimensions of the seating area be submitted to and approved in writing by the Planning authority. This will enable the Highway Division to take any necessary appropriate action if the use of the area extends any further on to the pavement.

Recommendations

Application A.

21. I recommend that planning approval be granted for the creation of an outside seating area at Artisan, 28 Victoria Street, Douglas, Isle of Man, in accordance with the application dated 15 August 2012 and subject to the following conditions:

22. The development hereby approved shall commence before the expiry of four years from the date of this decision.

23. This approval relates to the creation of an outside seating area as shown on drawing Nos 205, 206, ART-EX01, ART-EX02, ART-EX03, ART-EX04 and ART-EX05 all received on 31 August 2012.

24. Prior to any works commencing a drawing to the scale of 1:20 indicating the precise dimensions of the outside seating area and advertisement stands and banners shall be submitted to and approved in writing by the planning authority. The outdoor seating area, advertisement signs and banners shall be retained within the space and to the dimensions shown on the approved drawing.

Application B

22. I recommend that advertisement consent be granted for the installation of demarcation barriers with signage at Artisan, 28 Victoria Street, Douglas, Isle of Man, in accordance with the application dated received on 31 August 2012 and subject to the following conditions:
23. The advertisement installation hereby approved shall commence before the expiry of four years from the date of this decision.
24. This consent relates to the installation of demarcation barriers with signage as shown on drawing Nos 205, 206, ART-EX01, ART-EX04, ART-EX05 and 'Brandline Barrier System' drawing all received on 31 August 2012.
25. Prior to the advertisement barriers being installed a drawing to the scale of 1:20 indicating the precise dimensions and positioning of the barrier advertisement stands and banners shall be submitted to and approved in writing by the planning authority. The advertisement stands, signs and banners shall thereafter not be positioned any closer to the highway than the dimensions shown on the approved drawing.

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Anthony J Wharton BArch RIBA RIAS MRTPI Inspector