Cabinet Office

CABINET OFFICE

Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected] CHIEF SECRETARY Will Greenhow ACMA 23rd July 2014

Planning Secretary Murray House Mount Havelock Douglas IM12SF Dear Sir/Madam,

TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013

PA Ref: \quad 14 / 00205 / B Applicant: Rock Food Concepts Limited Proposal: Extension of existing outside seating area Address: \quad 31 North Quay Douglas Isle Of ManIM1 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, I herewith give notice of the decision as follows.

The application has been approved subject to the following condition(s);

1. The development hereby permitted shall commence before the expiration of 4 years from the date of this notice.
2. 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.
3. 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.

Informative

1. 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.

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.

3. 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.

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 doleance).

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 doleance).

The Planning Inspector's report, upon which the decision was determined, may be viewed by visiting http://www.gov.im/categories/planning-and-building-control/planning-development-control/department-applications/departmental-applications-decisions/ or by contacting the office of the Chief Secretary for a hardcopy (Tel 685204).

Yours faithfully,

A Johnstone

A Johnstone Planning Appeals Administrator

APPLICATION BY ROCK FOOD CONCEPTS LIMITED FOR PLANNING APPROVAL FOR EXTENSION OF OUTSIDE SEATING AREA AT 31 NORTH QUAY, DOUGLAS, ISLE OF MAN

Case Reference: DF14/0008 Planning Application: 14/00205/B

INTRODUCTION

1. The application relates to a site in which the Department of Infrastructure has an interest as the land is part of the public highway. Consequently, the application has been referred to the Council of Ministers for determination pursuant to Article 10 of The Town and Country Planning (Development Procedure)(No 2) Order 2013. I have been appointed to consider the application and to make this report. I inspected the site on 23 June 2014. This report provides brief descriptions of the site and the proposal, a summary of a planning statement provided by the Department and details of responses made in response to consultations. It continues with my assessment, conclusions and recommendation.

THE SITE AND SURROUNDINGS, THE PROPOSED DEVELOPMENT AND OTHER PRELIMINARY MATTERS

2. The application relates to part of the highway footway in front of No. 31 North Quay, which has a restaurant on the ground floor. These premises are on the west side of Ridgeway Street at its junction with North Quay. The extended seating area would be on the North Quay frontage of the property.
3. The drawings show a proposal to extend the outside seating area further towards the North Quay carriageway. The existing seating area is shown to extend from the front of the building by 3.175 m , across a width of the frontage of 6.66 m . The proposed drawing shows an extension of the area by a further 1 m away from the building over the same frontage width, giving a total projection of the seating area from the front of the building of 4.175 m . From measurements I took on site it appears that the barriers/banners present on site enclose the full extent of the increased area applied for. The Planning Authority has stated that it has informed the applicant that as no elevations of the barriers have been submitted, any decision on the application would relate only to the change of use of the land. However, for information the measurements I made indicated that the barriers that have been erected are not in the positions shown on the proposed drawing. The gap between the 2 front barriers which allows entry to the area from the remaining footway was roughly 1 m wider than is shown on the drawing.
4. Research undertaken at my request in the case of a previous application relating to 32 North Quay which I considered (PA13/00346/B) revealed that approvals had been granted for a number of external seating areas on and in the vicinity of North Quay, as follows:

• PA 06/00271/B - 12/13 North Quay - approved 5 May 2006;
• PA 07/00431/C - Bridge Inn, 8-9 North Quay - approved 14 May 2007;
• PA 07/00438/C - Railway Hotel, Banks Circus, North Quay - approved 14 May 2007;
• PA 07/00519/B - Units 14/14a Clinch's Court, North Quay - approved 18 June 2007;
• PA 07/00761/B - 14 North Quay - approved 2 July 2007;
• PA 08/00793/B - British Hotel, North Quay - approved 14 July 2008;
• PA 08/01023/B - 31A North Quay - approved 13 August 2008.

The application at 32 North Quay was also subsequently approved by the Council of Ministers.

PLANNING STATEMENT

The main points made in the Department of Infrastructure's statement are: 5. Planning approval exists for an outdoor seating area at these premises. This was granted as part of the approved scheme under PA08/01023/B for conversion to a coffee shop with outside seating area. 6. In addition to some of the applications detailed in paragraph 4 above, attention is drawn to the following applications:

• PA06/00655/B - approval granted for highway improvement works from Quines Corner to the Parade Street roundabout;
• PA08/01684/B - refusal of an outside seating area at 35 North Quay for the reason that the development would obstruct the public highway and prevent free movement of pedestrians;
• PA10/00680/B - approval of an extension to an outside seating area at 14 North Quay;
• PA14/00306/B - although stated in the Department's statement to be undetermined, this application has since been approved (June 2014).

7. The site is in an area zoned for Town Centre uses in the relevant Local Plan. As the site is within the 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.
8. The primary issues are whether the character 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.
9. On the second issue there would be a neutral impact on highway safety. Pedestrians would still have a width of 2.2 m 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.
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 2 m 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 highway.

INSPECTOR'S ASSESSMENT AND CONCLUSIONS

12. The main issues are (i) whether the proposal would preserve or enhance the character or appearance of the 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

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 Strategic Plan which seeks to avoid unacceptable effects on road safety.

15. My overall conclusions are that this proposal is acceptable in planning terms and that approval 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 that planning approval be granted for extension of outside seating area at 31 North Quay, Douglas, Isle of Man, subject to the following conditions:

17. The development hereby permitted shall commence before the expiration of 4 years from the date of this notice.

18. 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.

19. 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.

The following informative notes should also be attached to the decision notice:

1. 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.

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.

3. 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.

Stephen Amos MA (Cantab) MCD MRTPI Independent Inspector

Case Ref. DF14/0008 Application No. 14/00205/B Page 3