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Cabinet Office Oik Coonceil ny Shirveishee Isle of Man Govcfrancnt CMja IP CABINET OFFICE Government Office DOUGLAS Isle of Man IM13PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected] CHIEF SECRETARY Will Greenhow ACMA ^MED o/^ //VFRASTP''^ 17th June 2014 Our Reference : L12-13/DF14/0023 Planning Secretary Department Of Infrastructure Planning And Building Control Division Muray House Mount Havelock Douglas Dear Sir/Madam, TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013 PA Ref; 14/00529/D Applicant; La Piazza Limited Proposal: Erection of signage to outside seating area barriers Address: Land In Front Of La Piazza Restaurant Peveril Buildings Loch Promenade Douglas Thank you for your letter concerning the above captioned application which will be passed to the Inspector appointed to consider the matter. If you have anything further that you wish to add to your previous submission I should be grateful if you send it to me by 5 p.m. on 1®* July 2014. A copy of your statement will be made available to the other parties involved in this application and, therefore, it would be appreciated if you could supply 6 COLLATED SETS of your submission of case. This matter is scheduled to be dealt with by way of written submissions only without appearing before the Inspector at an inquiry. Please advise me in writing if you are in agreement for this procedure to be followed, but if no reply is received by the date stated above it will be considered as agreement wilti this procedure. Yours faithfully. A Johnstone Planning Appeals Administrator On behalf of the Chief Secretary
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WRITTEN STATEMENT OF THE PLANNING AUTHORITY Reference: Application 14/00528/B Application 14/00529/D Site - Land in front of La Piazza Restaurant, Peveril Buildings, Loch Promenade, Douglas Proposal — Creation of outside seating area with associated signage on outside seating area barriers Applicant - La Piazza Limited Statement prepared on behalf of the Planning and Building Control Division by Mr E Baker BSc (Hons) DipTP MRTPI CMS
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Introduction
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Summary of Relevant Plannino History 6, The site has the following relevant history: 14/00369/B - the Council of Ministers is due to consider an application for planning approval for the creation of an outdoor seating area at the same site, referred to as land at Pizza Hut, 1, 3 & 5 Walpole Avenue, Douglas, 14/00370/D - the Council of Ministers is due to consider an associated application for Advertisement Consent for the associated signage on the outside seating area barriers at the same site, 13/01352/D - application pending, which seeks Advertisement Consent for illuminated and non illuminated signage. 12/01327/B - planning approval granted in 2012 for Douglas Promenade improvements Phase 1. 09/01317/B - planning approval granted in 2009 for variation of condition 2 of PA 00/01498/C regarding opening hours. 09/01313/C - planning approval granted in 2009 for change of use from restaurant / cafe to a mixed use comprising restaurant / cafe and takeaway. 01/01802/B - planning approval granted in 2002 for convereion of part 2nd floor to extend 1st floor restaurant. 00/01498/C - planning approval granted in 2000 for change of use for the preparation and serving of hot food. Summary of Relevant Planning Policy 7. The area is recognised as predominantly offices by the Douglas Local Plan 1998. 14/00528/B - application for planning approval 8. The following planning policies in the Isle of Man Strategic Plan 2007 are considered relevant to the planning application: General Policy 1: 'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.' 4
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General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant: 'Development which is in accordance with the land-use zoning and proposals In the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption.' Environmental Policy 35: 'Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development.' 9. Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area. 5
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14/00529/D - application for Advertisement Consent 10. The following planning policies in the Isle of Man Strategic Plan 2007 are considered relevant to the application for Advertisement Consent; General Policy 6 states: 'Within our towns and villages, the display of external advertisements will be permitted on the site or building to which they relate provided they: (a) are of a high standard of design and materials and relate well to the building and site on which they are to be displayed; (b) are in keeping with and do not detract from the surrounding area; and (c) are located so as not to cause a highway safety hazard.' Environment Policy 37 states: 'As a generai policy, advertisements within Conservation Areas will be permitted only if: i) the proposal preserves or enhances the Conservation Area; ii) the signage is in a style appropriate to the character of the area; iii) traditional materials and finishes are used and glossy and highly reflective materials are excluded from proposals; and iv) internally illuminated box fascia and projecting box signs are excluded from the proposals.' Summary of Consultation Responses 11, The Planning Authority has received a number of representations, the comments in which have been summarised below. A copy of the original representations is provided with this statement. Highway Service - comments as follows: A 3.5 metre wide unobstructed area must be maintained for pedestrian passage; The seating must be contained within an approved barrier including a tapper rail for those with impaired visibility; The pavement cafe area must be observable from inside the premises to ensure staff can supervise the area as if it were inside the premises; and The applicant should contact the Network Operations Section of the Department of Infrastructure prior to carrying out any works within the highway, including the installation of dropped kerbs. 6
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Manx Utility Authority - advisory note PH Isle of Man Limited - objection: La Piazza (or associates of the same) do not own the premises where PH Isle of Man Limited (Pizza Hut) are situated but the area in the application is directly located in front of our premises and business and therefore restricts and limits our business whilst confusing the public at large; Pavement Cafe guidelines as per Douglas Development Partnership confirm that the area must be observable from inside the premises to ensure staff supervise the area as if it were in the premises. The applicant is on the upper floor and cannot do this; Pavement Cafe guidelines confirm the area must be suitable for disabled/wheelchair bound patrons and the need for these patrons must be met. We ask how the applicant would do this with no ground floor toilet facilities for La Piazza and with the adjacent bar facilities not open at the same time as the restaurant; The applicant has no ground floor toilet or wash facilities available to any patrons using the proposed restaurant area on the ground floor; The applicant has provided no indication of what would happen to any refuse built up in the area; Queries whether the applicant has a license for the existing upper floor outside drinking and smoking area; There are no details of late night use and how patrons will be dealt with next to a smoking area outside the current bar situated next door; and There is no evidence for an alcohol license for the proposed area and questions whether patrons will be aware of this and how this will be policed should patrons from the upstairs restaurant enter the proposed area. Consideration of the Main Issues The effect of the proposal on the character and appearance of the Conservation Area 12. The site is located in an area of takeaways, restaurants and other food establishments. It is considered that the use of part of the pavement as a seating area for diners would be in keeping with the character of this commercial area. The proposed associated signage is part and parcel of the use of the area for outdoor seating and in visual terms would be acceptable. It is considered that the character and appearance of the Conservation Area would be preserved. The effect of the proposal on the amenities of the area The area has a mixture of commercial uses. Subject to the control on hours recommended by the Isle of Man Constabulary in relation to recent application 14/00369/B for the same use on the same site (recommended hours of operation of 11am to 10pm on any day, with the seating removed after 10pm), 7
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it is considered uniikeiy that the proposal wouid be harmfui to the amenities of the area. Access and pubiic safety 13. The Highway Service has requested that a 3.5 metre wide area of pavement is retained ~ this corresponds with the iayout of the seating area shown on the submitted plans at 3,483 metres. Provided that the seating area is limited to this area there wiii be sufficient space for pedestrians to safeiy and easiiy pass along this stretch of the pubiic footway. This can be controlled by means of a condition. The Highways Service has not raised any concerns about the proposed signage and it is considered that this aspect of the proposal would also not comprise highway safety. 14. The Highway Service has asked for an approved barrier to be used - it is considered that this is a matter of detail to be more appropriately dealt with by way of an agreement between the Department of Infrastructure as landowner and the applicant, rather than being a planning issue. Furthermore, the Highways Service's recommendation that the pavement cafe area must be observable from inside the premises to ensure staff can supen/ise the area as if it were inside the premises is not considered to be pertinent in terms of the acceptability of the scheme from a highway safety point of view. Again, this issue is more about the management of the outside seating area. Economic considerations 15. The proposal will add to the vitality and viability of the town centre, and help to make it a more attractive location for visitors. In this regard, the proposal will have a positive economic impact which supports the case for approval. Other issues raised during the consultation process 16. The issues raised by PH Isle of Man Limited are considered more relevant to any licensing of the outdoor seating area and matters outside the remit of the planning system. In land use planning terms, the proposed use is considered to be acceptable. 8
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List of Suggested Conditions 17. The following conditions are suggested without prejudice if the applications are approved. Planning application 14/00528/B: Cl - TTie development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C2 - The seating area shall be limited to the area shown on Drawing Number HLK/14/0118 1 received on 30 April 2014. Reason: To ensure an adequate pavement area of 3,5 metres so as to facilitate the smooth and safe flow of pedestrians. C3 - No customers shall be served or remain in the seating area outside the hours of 0900 to 2200. The seating, tables, barriers and any other articles required for the seating area shall be removed outside those same hours. Reason: To prevent noise and disturbance during anti-social hours, in the interests of the amenities of the area. Advertisement application 14/00529/D Cl - The advertisement(s) hereby granted consent shall be begun before the expiration of four years from the date of this notice. Reason; To avoid the accumulation of unimplemented advertisement consents, C2 - The seating area shall be limited to the area shown on Drawing Number HLK/14/0118 1 received on 30 April 2014. Reason: To ensure an adequate pavement area of 3.5 metres so as to facilitate the smooth and safe flow of pedestrians. 9
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Depa. tment of Infrastructure Infrastructure Highway Services Sea Terminal Building Douglas, Isle of Man IMl 2RF Switchboard (01624) 686600 Telephone (01624) 686676 (01624) 686677 Email; enauiriesS)hiqhwavs-dot.Qov.im Fax Planning Application Location Conditions Response Reasons 14/00528/B Creation of an outside seating area iand in front of La Piazza Restaurant, Peverii Buiidings, Loch Promenade, Dougias Do not oppose subject to the imposition of the foilowing conditions A 3.5 metre wide unobstructed area must be maintained for pedestrian passage. The seating area must be contained within an approved barrier (inciuding a tapper rail for those with impaired visibility) The pavement cafe area must be observabie from inside the premises to ensure staff can supervise the area as if it were inside the premises The applicant shall contact the Network Operations Section of the Department of Infrastructure prior to carrying out any works within the highway, including the installation of dropped kerbs. Telephone 686665 14/00529/D Erection of signage to outside seating area barriers iand in front of La Pizza Restaurant, Peverii Buildings, Douglas Do not oppose O Date of Response 29/05/14 - AH cC
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manxutilities bun shirveishyn vannin PO Box 177 . Douglas . Isle of Man . IM99 1 PS. British Isles Tel + 44 (1624) 687729 • Fax + 44 (1624) 687612 • e-mail [email protected] Planning Applications The Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority. Date 16/05/2014 Local Authority MUA Notes Reference Description Creation of an outside seating area, Land In Front Of La Piazza Restaurant Peveril Buildings Loch Promenade 14/00528/B DOUGLAS Special Note Erection of signage to outside seating area barriers, Land In Front Of La Piazza Restaurant Peveril Buildings Loch Promenade Special Note 14/00529/D DOUGLAS Conversion of guest house to provide four self-contained apartments, 22 Hutchinson Square DOUGLAS See Note 2 14/Q0555/B ) 0t Page 1 of 2
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manxutilities^ bun shirveishyn vannin Standard Reply Notes for Planning Applications: Notes
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. \ - f\AC PH ISLE OF MAN LIMITED PO BOX 372 DOUGLAS ISLE OF MAN IM99 3HG [email protected] Tel 01624 619022 Mob 07624 481254 Fax 01624 615583 Planning Authority Murray House Mount Havelock Douglas isle of Man xjeo o/v o '0^ <ir & 19“’ May 2014 Planning No14/00528/B ‘La Piazza’ Outside Seating area INFR^- Ref Objection to the above Application 14/00528/B We refer to the recent planning application, number as above, made by La Piazza and wish to raise the objections / concerns as follows; La Piazza { or associates of same) do not own the premises where PH Isle of Man Limited { Pizza Hut) are situated but the area in the appiication above is directly located in front of our premises and business and therefore restricts and iimits our business whilst confusing the public at large. Pavement Caf6 guidelines as per Douglas Development Partnership confirm that the area must be observable from inside the premises to ensure staff supervise the area as if it were inside the premises. The applicant simply cannot provide this being on an upper floor and there main service area to there business not overlooking the proposed area. Pavement Caf6 guidelines as per Dougias Development Partnership confirm the area must be suitable for disabled/wheelchair bound patrons and the needs for these patrons must be met. We would ask how the applicant wili do this with no ground floor toilet and wash facilities for ‘La Piazza'and with his adjacent ground floor bar facilities not open at the same times as there restaurant The applicant has no ground floor toilet or wash facilities avaiiable to any patrons using the proposed restaurant area on the ground floor The applicant has provided no indication of what would happen to any refuse built up in the proposed area which obviously will occur when in use by any business The applicant currently uses an outside area on the upper level of his premises for his patrons to drink and smoke on. we are unsure as to whether his licence permits this but he has the availability to use this area The applicant has not provided any detail with respect to late night use and how restaurant patrons wiil be deait with next to a smoking area outside the current bar situated next door We have seen no evidence to appiy for an alcohol licence for the proposed area and therefore question whether patrons wili be aware of this and how this will be policed shoujjLisatrons from the upstairs restaurant enter the proposed area.______________ ^•~^£ifro^or Pl'hSe of Man Limited Registered in the Isle of Man Directors P Mellor J Lowe
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