18 December 2014 · Council of Ministers (following recommendations of Planning Inspector Anthony J Wharton)
Star Grill, 6, Marina Road, Douglas, Isle Of Man, IM1 2he
Ms Zeliha Aygun applied to change the use of a 3.1m deep by 5.07m long (approx 15m²) strip of pedestrianized highway outside her hot food takeaway (Star Grill Pizza) at 6 Marina Road, Douglas, to an external seating area with four stainless steel tables and chairs, enclosed by fabric advertisement barriers on 1m high r…
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The Planning Inspector assessed the main issues as the effect on the character and appearance of the Douglas Promenade Conservation Area and on traffic/pedestrian safety.
General Policy 2
Requires developments to accord with land use zoning and respect site/surroundings in siting, layout, design without adversely affecting townscape character. Officer found proposal in Predominantly Shopping zone respects busy retail street with pubs/takeaways and preserves townscape.
Environment Policy 36
Permits development outside but close to Conservation Area boundary only if no detrimental effect on important views in/out. Assessed as seating on highway (just outside CA boundary along frontages) causes no visual harm or clutter, preserving character.
Environment Policy 35
Relates to Conservation Areas (exact text not quoted but grouped with EP36). Found to preserve character/appearance despite linked shop front changes.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Relates to needs of pedestrians and road users. Confirmed 4m corridor achievable with conditions; adequate fire access via adjacent roads.
Time limit for commencement
The planning approval hereby granted consent shall commence before the expiration of four years from the date of this decision. Reason: To comply with Article 14 of the Town and Country Planning (Development Procedure) (no 2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Hours of use and clearance
The seating area as shown in the approved plans shall not be used outside of the hours of 08.00 hrs and 22.00 hrs on any day and all tables, chairs and advertisement features shall be removed from Marina Road after 22.00 hrs on any day. Reason: In the interest of public amenity.
Detailed positioning drawing
A drawing on the scale of 1:20 indicating the precise dimensions and positioning of the outside seating area shall be submitted to and approved in writing by the Department of Infrastructure (Planning). The seating, tabling, advertisement stands, signs and banners shall thereafter not be positioned otherwise. Reason: In the interest of protecting highway safety.
Approved plans
The planning approval hereby granted consent shall not be carried out except in full accordance with Drawing 2014/20 01 Rev A date-stamped 2nd October 2014.
no objection to Application A
no objection subject to conditions restricting outside seating to demarcated area and maintaining minimum unobstructed corridor of 4m (4.5m at junctions)
satisfied subject to standard requirements relating to access
no objection in principle but essential condition on use of seating area due to crime issues in locality, similar to approval at No 2 Marina Road
proposed change of use acceptable; preserves conservation character; approve subject to conditions on clearance space, hours and drawings
