Cabinet Office

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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

29th December 2014

Planning Secretary Planning & Building Control Division Murray House Mount Havelock Douglas

Our Reference: DF14/0047

Dear Sir/Madam,

TOWN AND COUNTRY PLANNING ACT 1999

TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE)

(No2) ORDER 2013

PA Ref: 14/01057/C Applicant: Ms Zeliha Aygun Proposal: Change to use of land to create outside seating area Address: 6 Marina Road Douglas Isle Of Man IM1 2HE

I refer to the abovementioned planning application.

In accordance with the Article 10(9) of the Town and Country Planning (Development Procedure) (No 2) Order 2013, I herewith give notice of the decision as follows.

On 18th December 2014, the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the condition(s) specified below.

Conditions

1. 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.

2. 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.

3. 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.

4. 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.

In accordance with Article 10(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).

Yours faithfully,

A Johnstone

Planning Appeals Administrator

On behalf of the Chief Secretary

Report on Planning Applications

Written representation case: Site Inspection held on 17 November 2014

Applications by: Ms Zeliha Aygun for (A) planning approval for Replacement of an existing shop front with folding glazed doors and creation of an outside seating area and, (B) advertisement consent for the erection advertising signage on fabric barriers with posts around proposed outside seating area, both at 6 Marina Road, Douglas, Isle of Man IM1 2HE.

Introduction

1. Because the applications relate to land in which the Department of Infrastructure has a vested interest, they fail to be determined by the Council of Ministers under the provisions of 10(1)(b) of The Town and Country Planning (Development Procedure) (No 2) Order 2013.

2. This report provides brief descriptions of the applications site and the proposals; land-use designation and relevant policy; a summary of the written statements and comments by the Department of Infrastructure (Planning); the Highways Service and the applicant (fuller details are available for reference in the case files). My assessments, conclusions and recommendations then follow.

3. The applications are inextricably linked in that the first (14/01057/C) relates to the outside seating area at 6 Marina Road and the second (14/01058/D) relates to the fabric barriers and posts barriers which enclose the seating area and include advertisement signage.

The applications site and the proposals

4. The site is located at 6 Marina Road which is a pedestrianized part of the highway and a continuation of Castle Street which runs parallel to the Promenade. The building is located within the Douglas Promenade Conservation Area. The application site also includes part of the highway itself but this part of the street is not within the conservation area, the boundary of which goes along the frontages of the buildings on this part of Marina Road. The applications premises is a four-story, mid-terraced building which houses a hot food take-away shop at ground floor level (Star Grill Pizza) and backs on to No 59 Loch Promenade.

5. It lies between Church Road and Senna Slip and this part of Douglas (Marina Road and Castle Street) is characterized by retail premises, public houses and other hot food take-away units. The use of all of the upper floors is not known but there is some accommodation within the roof space. At the ground floor the unit is currently distinguished by its bright powder blue/purple painted shop front which comprises three timber-framed, arched windows and an entrance door. There is an oriel type bay window at first floor level with a variety of timber windows to the upper floors.

6. Planning approval (Application A) is sought for the change of use of a 3.1m deep by 5.07m long, strip of highway to the front of the premises, to use as an external seating area for the consumption of food and drink. The proposed plan (Dwg 2014/20/01) shows four stainless steel tables and chairs located within the approximately 15m² area. This is shown to be delineated by fabric advertisements set between 1m high stainless steel removable posts. The advertisements read

'Star Grill and Pizza' and these, together with the posts, form the subject of the application for express consent (Application B). The planning approval application also includes the proposed replacement of the timber frontage with four folding, double-glazed, aluminium doors with toughened glass to BS6206.

Land use designation and relevant policy

7. The site lies in an area of Douglas which is designated as Predominantly Shopping by the Douglas Local Plan 1998 (DLP). There is no written statement to accompany the DLP.
8. The Department sets out relevant policies contained within the Isle of Man Strategic Plan, 2007 (IOMSP) and relating to the two applications. In relation to Application A (Planning Approval) these are General Policy 2 (GP2) and Environment Policy 36 (EP6). Policy GP2 normally permits developments which accord with land use zoning and appropriate Area Plan policies provided that, amongst other things, the proposal respects the site and its surroundings in terms of siting, layout, design and does not adversely affect the character of the townscape.
9. Policy EP36 states that 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.
10. Relevant policies for an application for express consent for advertisements within a conservation area are General Policy 6 (GP6) and Environment Policy 37 (EP37). Policy GP6 indicates that advertisements will be allowed in towns and villages as long as they are of a high standard of design and relate well to the building on which they are to be displayed; are in keeping with, and do not detract from, the surrounding area and are located so as not to cause a highways hazard.
11. Policy EP37 allows advertisements within conservation areas as long as the proposal preserves or enhances the conservation area; the signage is appropriate in style to the character of the area; traditional materials are used and glossy and highly reflective materials are excluded and internally illuminated box fascias and projecting box signs are excluded.
12. These applications are unusual in that the highway part of the application site, on which the advertisements would be located, is outside of the conservation area. However, the building lies within the conservation area and the new shop front would be subject to all relevant conservation area policies. Technically, Application B lies outside of the conservation area and Policy EP37 would not apply. However, the applications are inextricably linked and need to be considered in this context.

Statement by the Department of Infrastructure (Planning)

10. The points made in relation to Application A, in summary, are as follows:

• No permanent physical works are proposed by the application and any assessment of the impact of the proposals should turn on the nature of the site and surroundings in terms of its use, rather than its visual appearance.

• The immediate vicinity is characterised by public houses, bars and takeaway businesses. At least two of these similar nearby uses have outdoor seating areas.

• The proposed change of use of this part of Marina Road from highway to seating area is considered to be acceptable.

• The Highways Services concerns are understandable but both applications are clear in that a sufficient clearance space of 4 m (exactly) will be provided when tables and advertisement features are in place. However, appropriate conditions are appropriate and necessary.

• The comments by the Architectural Liaison Officer (ALO) of the Isle of Man Constabulary are also appropriate and understandable. But again an appropriate and necessary planning condition could overcome these concerns and the applicant is agreeable to such a condition.

• Such a condition would be identical to that applied to No 2 Marina Road.

• Therefore, the flexibility requested by the applicant would be inappropriate.

• The business can still operate until 00.30hrs Mondays to Fridays and 03.00hrs Saturdays and Sundays. Thus there would be no detriment to the operation of the business.

• The use would preserve the character and appearance of this part of the conservation area and would not adversely affect the character of the surrounding townscape.

• With the imposition of the relevant conditions the use would preserve the character and appearance of the conservation area.

• The application should be approved subject to conditions.

11. The points made in relation to Application B (for express consent for the advertisement: the advertising signage on fabric barriers with stainless steel removable posts) are as follows:

• The advertisements proposed would reflect the name, logo and corporate colours of the business.
• Advertisements such as those proposed are commonplace and there is a nearby example at No 2 Marina Road.
• The materials are appropriate and traditional and the proposal would preserve the character and appearance of the conservation area and would accord with Policy EP37.
• The Highways Service condition is acceptable and in any case the required distance can be achieved.
• The proposal does not conflict with any relevant policy and express consent for the display of the advertisement should be approved.

Representations by others

12. Douglas Borough Council has no objection to Application A or Application B.
13. Subject to conditions, which restricts the outside seating area to that demarcated on the application drawings, the Highways Service does not object to the applications. The condition stipulates that a minimum unobstructed corridor of 4 m must be achieved at all times.
14. The Manx Utilities are satisfied with the applications subject to their standard requirements relating to access.
15. The ALO of the Manx Constabulary indicates that the police have no objection in principle to the applications. However, due to the known issues and analysis of crimes in the locality it is considered essential that a condition on the use of the proposed seating area is imposed. It requires a condition similar to that applied to the approval granted at No 2 Marina Road.
16. The Highways Services offer no objections but comments as follows:

• The outside seating must be completely contained within the demarcated area by an approved barrier.

• There is a need to impose a relevant condition because Marine Road is pedestrianized and a minimum unobstructed corridor of 4 m between the outside seating area and the opposite premises must be maintained.

• At corners or junctions this width will need to be increased to 4.5 m for the turning of fire appliances.

• The comments by the Architectural Liaison Officer (ALO) of the Isle of Man Constabulary are also appropriate and understandable. But again an appropriate and necessary planning condition could overcome these concerns and the applicant is agreeable to such a condition.

• Such a condition would be identical to that applied to No 2 Marina Road.

• Therefore, the flexibility requested by the applicant would be inappropriate.

• The business can still operate until 00.30hrs Mondays to Fridays and 03.00hrs Saturdays and Sundays. Thus there would be no detriment to the operation of the business.

• The use would preserve the character and appearance of this part of the conservation area and would not adversely affect the character of the surrounding townscape.

• With the imposition of the relevant conditions the use would preserve the character and appearance of the conservation area.

• The application should be approved subject to conditions.

11. The points made in relation to Application B (for express consent for the advertisement: the advertising signage on fabric barriers with stainless steel removable posts) are as follows:

• The advertisements proposed would reflect the name, logo and corporate colours of the business.
• Advertisements such as those proposed are commonplace and there is a nearby example at No 2 Marina Road.
• The materials are appropriate and traditional and the proposal would preserve the character and appearance of the conservation area and would accord with Policy EP37.
• The Highways Service condition is acceptable and in any case the required distance can be achieved.
• The proposal does not conflict with any relevant policy and express consent for the display of the advertisement should be approved.

Representations by others

12. Douglas Borough Council has no objection to Application A or Application B.
13. Subject to conditions, which restricts the outside seating area to that demarcated on the application drawings, the Highways Service does not object to the applications. The condition stipulates that a minimum unobstructed corridor of 4 m must be achieved at all times.
14. The Manx Utilities are satisfied with the applications subject to their standard requirements relating to access.
15. The ALO of the Manx Constabulary indicates that the police have no objection in principle to the applications. However, due to the known issues and analysis of crimes in the locality it is considered essential that a condition on the use of the proposed seating area is imposed. It requires a condition similar to that applied to the approval granted at No 2 Marina Road.
16. The Highways Services offer no objections but comments as follows:

• The outside seating must be completely contained within the demarcated area by an approved barrier.
• There is a need to impose a relevant condition because Marine Road is pedestrianized and a minimum unobstructed corridor of 4 m between the outside seating area and the opposite premises must be maintained.
• At corners or junctions this width will need to be increased to 4.5 m for the turning of fire appliances.

Recommendations

Application A

26. I recommend that planning approval be granted for a change of use of land to create an outside seating to the front of 6 Marina Road, Douglas, Isle of Man IM1 2HE in accordance with application 14/01057/C dated 1 October 2014, subject to the following conditions:
27. The planning approval hereby granted consent shall be begun before the expiration of four years from the date of this decision.
28. 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 22.00hrs on any day.
29. A drawing to the scale of 1: 20 indicating the precise dimensions and positioning of 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.

Application B

26. I recommend that advertisement consent be granted for the erection of advertising signage on fabric barriers with posts around the proposed outside seating area at 6 Marina Road Douglas, Isle of Man IM1 2HE in accordance with the application 14/01058/D subject to the following conditions:
27. The advertisement installation hereby approved shall commence before the expiry of four years from the date of this decision.
28. This consent relates to the installation of demarcation barriers with signage only as shown on the approved drawings.
29. The advertisement features shall not be placed on the pedestrian part of Marina Road outside of the hours of 08.00 hrs and 22.00 hrs on any day.
30. A drawing to the scale of 1: 20 indicating the precise dimensions and positioning of 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.

Anthony J Wharton BArch RIBA RIAS MRTPI Inspector