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Please reply to the signatory Our Ref: 14/01057/C Your Ref:
Mr. A. Johnstone, Planning Appeals Secretary, Chief Secretary's Office, Government Offices, Buck's Road, Douglas, IM1 3PN.
Tel: (01624) 685910 Fax: (01624) 686443 Email: [email protected] Director of Planning & Building Control Michael Gallagher, M.R.T.P.I. 3rd November 2014
Dear Mr Johnstone
Application No: 14/01057/C Proposal: Change to use of land to create outside seating area Address: 6 Marina Road Douglas Isle Of Man IM1 2HE
Please find attached a statement from Planning and Building Control. The application site is either owned and maintained by the Department of Infrastructure, of which Planning and Building Control is part, or is one in which the Department may hold a 'perceived interest'. Accordingly, under Section 10(1)(b) of the Town and Country Planning (Development Procedure)(No2) Order 2013 the application cannot be considered by the Planning Committee but will be referred to the Council of Ministers.
The Officer's statement will advise Council of the policy and status and assist in the drafting of any conditions and reasons to attach to any approval that may be forthcoming.
Yours sincerely,
Government Reiltys Ellan Vanain
Change to use of land to create outside seating area
6 Marina Road Douglas Isle Of Man IM1 2HE
PA Reference 14/01057/C
Statement prepared on behalf of DOI Planning and Building Control by Planning Officer: Mr Edmond Riley
0.1 The aim of this statement is to provide background information to this application for planning approval and set out an assessment of the proposal against the relevant Development Plan policies.
0.2 The site is owned by the Department of Infrastructure, of which the Planning Authority is part. As such, the application must be considered by an Independent Inspector and the decision taken by the Council of Ministers.
0.3 The Department has no other interest in the proposal.
1.1 The application site is an area of pedestrianised highway to the front of, as well as the curtilage of, 6 Marina Road, Douglas, which is a four-storey, mid-terrace building with a takeaway business ("Star Grill and Pizza") operating at the ground floor. The building also has accommodation within the roofspace. It is not known what uses the floors above the takeaway unit are given over to. 6 Marina Road adjoins 59 Loch Promenade to the east in a back-to-back fashion.
1.2 At the ground floor, the unit is dominated by the powder blue colouration that surrounds the doors and windows. The single front door is set slightly off-centre to the unit, which to its right and left has one and two arch-headed window frames respectively. Below these window frames is decorative beading within the stall risers.
1.3 The built environment in the immediate area is characterised by a variety of uses, architectural styles and finishings.
2.1 Approval is sought for a change of use to an area of the highway, measuring 3.10m deep by 5.07m wide, outside the shopfront to allow outdoor seating. A separate application seeking advertisement consent on banners to surround this area has been submitted and is currently under consideration. As originally submitted, the application also sought approval for a replacement shopfront. However, following concerns in respect of the details of that element of the proposal, the applicant removed this from consideration and the application now seeks approval solely for the change of use.
2.2 The new seating area would, as mentioned, measure roughly 15sqm and accommodate four tables, each with four chairs. It would be outside of the Conservation Area, although the building from which Star Grill and Pizza operates from sits within the Conservation Area.
3.1 The application site has been the subject of several previous planning applications, two of which are considered to be specifically material in the assessment of the current application. PA 96/01639/B sought and gained full planning approval for the conversion of the unit from a shop to a café with takeaway facilities. Subsequently, PA 98/00871/B sought and gained full planning approval for later opening hours by way of varying a condition attached to PA 96/01639/B. The condition attached to the latter planning approval in respect of opening hours reads as follows:
"The hot food 'take-away' business may not operate between 00.30 and 07.00 a.m. on Mondays to Fridays, and 03.00 and 07.00 a.m. on Saturdays and Sundays."
3.2 Other applications have been submitted on the application site but none of these are considered specifically material to the determination of the current application.
3.3 Also relevant is PA 09/01137/B at 2 Marina Road, Douglas. Approval was sought and gained for the change of use to the land here to enable an outdoor seating area. Significant concern was raised by the case officer during the course of that application. He noted: "The Architectural Liaison Officer (ALO) of the Isle of Man Constabulary has indicated that they have not [sic] objection in principle to the application; however, analysis of crime records and calls to the police control room shows that the Marina Road environment is a 'hot spot' for incidents of disorder and anti-social behaviour during the early hours of the morning. The ALO has indicated that it is imperative that the creation and use of a seating area
does not inadvertently create further opportunities for such behaviour. The ALO has suggested that two conditions be attached upon any approval requiring the seating area to be used during the hours of 8am and 10pm and that the seating area is removed from the street environment at 10pm".
3.4 A condition to that approval stated: "The seating area as shown in approved plans shall not be used outside the hours of 8am to 10pm on any day, and shall be removed from the public highway after 10pm."
4.1 The application site is in an area zoned as "Predominantly Shopping" identified on the Douglas Local Plan 1998. No written statement accompanies the Douglas Local Plan. The area of land proposed to have its use changed falls adjacent the Douglas Promenades Conservation Area.
4.2 In terms of the Strategic Plan, two policies are considered relevant: General Policy 2 and Environment Policy 36.
4.3 The relevant extract from General Policy 2 is: '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:
(b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them, and (c) does not affect adversely the character of the surrounding landscape or townscape'.
4.4 Environment Policy 36 states in full: "Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."
5.1 Douglas Borough Council offers no objection to the application in a letter date-stamped as having been received 17th September 2014.
5.2 Highway Services offer no objection to the application in an email received by the Department 17th September 2014, subject to the following condition: "The outside seating area must be completely contained within the demarcated area by an approved barrier". They substantiate the need for this condition by identifying that "Marina Road is pedestrianised, therefore a minimum unobstructed corridor of 4 metres must be kept clear. At corners/junctions this width will need to be increased in order to allow for the turning fire appliances (4.5 minimum)".
5.3 The Architectural Liaison Officer of the Isle of Man Constabulary, in a letter received by the Department 18th September 2014, notes in part as follows: "While the police have no objection in principle to the application, analysis of crime records and calls to the police control room has shown that the Marina Road environment has a history of being a 'hot spot' for incidents of disorder and anti-social behaviour during the early hours of the morning. It is therefore imperative that the creation and use of a seating area does not inadvertently create further opportunities for such behaviour.
"The nearby Istanbul takeaway (2 Marina Road) successfully applied for the creation of a similar outside seating area in 2009 (PA 09/01137/B). This application was granted on the basis that the seating area, 'shall not be used outside the hours of 8am and 10pm on any day, and shall be removed from the public highway after 10pm'.
"I would therefore request that a similar condition be placed upon any approval granted in respect of the application currently under consideration".
5.4 The Manx Utilities Authority, in a letter received by the Department 3rd October 2014 (the date the application was re-advertised with the amended particulars), state: "Please note Manx Utilities requires 24 hours unrestricted access to the cables in the public highway and Manx Utilities will not be liable for any loss of income caused to the applicant as a result of its statutory works".
5.5 No representatives updated their comments following the second consultation period.
6.1 Taken together, General Policy 2 and Environment Policy 36 are clear that proposed development should not affect adversely the character of the surrounding landscape or townscape. It is noted that no permanent physical works are proposed by the application, such that the assessment of the proposal should primarily turn on the nature of the site and its surroundings in terms of use rather than visual appearance, although this remains a consideration.
6.2 In this, it can be seen that the immediate vicinity is to no small degree characterised by a variety of night-time uses, including bars, pubs and takeaway businesses. All of these have varying late-night opening times, and at least two have outdoor seating areas. It is therefore considered that the proposed use for the land as an outdoor seating area would be acceptable.
6.3 The concern raised by Highway Services is understandable, but the proposal (when taken together with the application for express consent) is clear that sufficient clearance space of 4m (exactly) will be provided when the tables, chairs and banners are in place. Since the banners are themselves being dealt with under the application for express consent, however, it is considered appropriate that any condition to the effect required by Highway Services should be attached to that application rather than this one; such a condition attached here would require additional development to be approved and this is beyond the powers of the Department to seek.
6.4 The concern raised by the ALO is also understandable, and considered appropriate. The applicants have been advised of the suggested condition and have no objections thereto, although they request flexibility (i.e. until 12 midnight) during the TT and Manx Grand Prix motorbike practice and race weekends. The condition recommended by the ALO would be identical to that applied to the application at 2 Marina Road and in this it is considered reasonable and appropriate. The comments are similar to those made in consideration of the application at 2 Marina Road, but have been updated since that time. In light of those comments, it is therefore considered that the flexibility requested by the applicant would be inappropriate. Moreover, the takeaway business can still operate until 00.30 on Mondays to Fridays, and 03.00 on Saturdays and Sundays, so it is not considered that the business operations would suffer as a result of any such condition.
7.1 It is considered that the application would have the effect of preserving the character and appearance of the Conservation Area. With the recommended condition in respect of limiting times during which the seating area may be used as such, it is also considered that any anti-social behaviour that may result from the proposal would be kept to a minimum. It is therefore recommended that the application be approved with conditions.
8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure) (No2) Order 2013 and Article 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
8.3 In line with Article 6(3) of the Town and Country Planning (Development Procedure) (No2) Order 2013 and Article 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
The 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.
The seating area as shown in approved plans shall not be used outside the hours of 8am to 10pm on any day, and shall be removed from the public highway after 10pm.
Reason: in the interest of public amenity. It is also recommended that reference be made to the approved plans, using the following terminology: "This approval relates to the plan carrying the reference number 2014/20 01 Rev A, date-stamped as having been received 2nd October 2014."
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