Loading document...
==== PAGE 1 ====
Cabinet Office isle of Man Oik Cooncell ny Shirveisl Cowmmcnt 1tt kt. I l.r /H ■ .< I- CABINET OFFICE Government Office DOUGLAS Isle of Man IMl 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected] CHIEF SECRETARY Will Greenhow ACMA Our Reference ; DF14/0008^ j Planning Secretary Murray House Mount Havelock Douglas IM12SF 23rd July 2014 OF ^^CruRE Dear Sir/Madam, TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013 PA Ref: Applicant: Proposal: Address: 14/00205/B Rock Food Concepts Limited Extension of existing outside seating area 31 North Quay Douglas Isle Of ManIMl 4LD I refer to the abovementioned planning application. In accordance with the Article 9 of the Town and Country Planning (Development Procedure) (No 2) Order 2013,1 herewith give notice of the decision as follows. ■T The application has been approved subject to the following condition(s); The development hereby permitted shall commence before the expiration of 4 years from the date of this notice. 1. This approval for extension of an outdoor seating area relates to the unnumbered 1:1250 scale location plan and to Drawing No. 13003_001, both stamped as received on 19 February 2014. 2. A minimum unobstructed width of footway of 2 metres shall be maintained at all times between the edge of the outdoor seating area and the edge of the part of the surface of North Quay which is used for the passage of vehicles. 3. Informative Due to the absence from the application of any detailed drawings of the barriers/banners around the seating area, the approval hereby granted relates only to the use of the land and a separate planning application will be required for any barriers/banners. 1.
==== PAGE 2 ====
The display of any signage on any barriers/banners around the seating area will require separate consent under the Town and Country Planning (Control of Advertisements) Regulations 2013. 2. The Manx Electricity Authority requires 24 hours unrestricted access to the cables in the public highway and that Authority will not be liable for any loss of income caused to the applicant as a result of its statutory works. 3. In accordance with article 10(c) of die Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doieance) In accordance with article 10(c) of the Order, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doieance) The Planning Inspector's report, upon which the decision was determined, may be viewed by visiting http://www.Qov.im/cateQories/DlanninQ-and-buildina-control/pianninQ-develoDment- control/department-applications/departmental-applications-decisions/ or by contacting the office of the Chief Secretary for a hardcopy (Tel 685204). Yours faithfully, A Johnstone Planning Appeals Administrator
==== PAGE 3 ====
PA 08/01023/B -31 ANorth Quay - approved 13 August 2008. The application at 32 North Quay was also subsequently approved by the Council of Ministers. Case Ref. DF14/0008 Application No. 14/00205/B Pagel
==== PAGE 4 ====
PAI4/00306/B - although stated in the Department’s statement to be undetermined, this application has since been approved (Jime 2014), The site is in an area zoned for Town Centre uses in the relevant Local Plan. As die site is within tiie Douglas (North Quay) Conservation Area, Environment Policy 35 of the Isle of Man Strategic Plan (“the Strategic Plan”) is relevant, as is General Policy 2. 7. The primary issues are whether the ch^acter or appearance of the Conservation Area would be preserved or enhanced, and the impact on highway safety. The Conservation Area has a vibrant, almost cosmopolitan feel, due to the night time economy. A number of the restaurants and public houses have outdoor seating areas. This scheme would not have any negative impact on the Conservation Area, but would add to the success of the area. It complies with Environment Policy 35. It would also comply with General Policy 2 with respect to the effects on the amenity of the area and the visual impacts. 8. On the second issue there would be a neutral impact on highway safety. Pedestrians would still have a width of 2.2m between the seating area and the carriageway, which is acceptable and more than is required by the condition sought by the Highway Authority. The proximity to the road Junction, and the existence of shared surfaces in this location, is likely to make vehicle speeds sufficiently low. 9. 10. There are no fundamental objections having regard to relevant planning policy or the Local Plan zoning. Subjects for conditions are suggested if the application is to be approved. The applicant should be made aware by informative notes that a separate planning application is needed for any banners installed and that any signage on the banners would require advertisement consent. RESPONSES TO CONSULTATIONS 11. The Director of Highways does not oppose the proposal subject to a condition to require that a 2m unobstructed footpath remains available to the public. Douglas Borough Council raises no objection. Manx Electricity Authority requests a note relating to access to cables in the public hi^way. INSPECTOR’S ASSESSMENT AND CONCLUSIONS 12. The main issues are (i) whether the proposal would preserve or enhance the character or appearance of t±ie Douglas (North Quay) Conservation Area, and (ii) its impact on pedestrian safety and convenience. 13. The existing character and appearance of this Conservation Area includes several outdoor seating areas, similar to the extended area now proposed on the application site. With that context, this seating area Case Ref. DF14/0008 AppUcation No. 14/00205/B Page 2
==== PAGE 5 ====
will be entirely appropriate to, and will serve to preserve, both the character and appearance of the Conservation Area. Consequently, the proposal accords with Environment Policy 35 of the Strategic Plan. It also complies with the expectations of General Policy 2, including that development should respect the site and surroundings, and should not adversely affect the character of the surrounding townscape or the character of the locality. 14, The proposal provides for the retention of a minimum width of 2.2m of footway between the extended seating area and the part of the surface of North Quay which is used by vehicles. That is sufficient space to allow for the safe passage of pedestrians and the avoidance of conflict between the movements of pedestrians and vehicles. The need to retain a sufficient width of footway would be emphasised if the condition sought by the Highway Authority is attached. The proposal accords with the part of General Policy 2 of the Slrategic Plan which seeks to avoid unacceptable effects on road safety. My overall conclusions are that this proposal is acceptable in planning terms and that tqjproval should be granted, subject to conditions and informative notes to cover the matters referred to by the Planning Authority and Manx Electricity Authority, RECOMMENDATION 16. I recommend diat planning approval be granted for extension of outside seating area at 31 North Quay, Douglas, Isle of Man, subject to the following conditions: 15.
Copyright in submitted documents remains with their authors. Request removal