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CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email planning [email protected] CHIEF SECRETARY Will Greenhow ACMA
Our Reference: DF13/0037
Planning Secretary Department Of Infrastructure Planning and Building Control Division Murray House Mount Havelock Douglas
Dear Sir/Madam,
29th April 2014
RECEIVED ON 30 APR 2014
OCCUPATION OF MANAGEMENT
PA Ref: 13/91230/C Applicant: Mr Edward Mulgrew Proposal: Change of use of existing retail food unit to a cafe and creation of outside seating area Address: 46 Duke Street Douglas Isle Of Man IM1 2AX
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):
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 Planning Appeals Administrator
The ground floor of 46 Duke Street fronts directly onto this pedestrianised road, within the town centre north of Victoria Street, with a rear access to a service road. It currently operates as a sandwich bar, The Lunch Box. The application seeks approval to allow food to be consumed on the premises and at proposed pavement seating immediately outside. The application was amended and readvertised in response to adverse comments by the Highway Authority on the initial proposals. This report is directed to the revised scheme and has regard to the Highway Authority's subsequent comments.
The locality is designated as predominantly shopping by the Douglas Local Plan Order 1998. There is no record on file of previous applications with respect to N° 46, although nearby premises have been subject to applications regarding advertising and a new shop front. PA 12/00328/B approved the creation of a café outside seating area and installation of awning at N° 40.
The Applicants: The Lunch Box is primarily a sandwich shop, a retail use that does not permit food to be consumed on the premises, which the applicant seeks to introduce, inside and on the pavement outside. Duke Street here is 5.2 m² wide and the revised layout would retain 4.0 m free for passers-by, with the seating area outside the premises contained by free standing barriers. These would be taken in when not trading.
The Planning Officer: A number of premises in the locality with external seating, convey an impression of the current proposal's likely effect on the street scene. External seating provides bars, cafés and restaurant customers with the extra facility to sit outside while consuming their food or drink. There is adequate width to retain sufficient space for people passing by. The screens would be black with the tables, chairs and barrier poles in stainless steel. It could be thought that the external seating area would be beneficial visually, enhancing the street scene, adding to a cosmopolitan feel to its character and providing an additional community facility.
The Highway Authority: No longer opposes subject to a condition requiring a 4.0 m pedestrian passage be kept free of obstruction.
The Douglas Corporation: Has no objection.
I measured it as 5.3 m - inspector
that it would be practicable to install seating here while retaining the 4.0 m unobstructed passage sought by the Highway Authority, which I consider to be necessary but sufficient for this well used thoroughfare. 9. All told I conclude that the proposal accords well with the aims of Strategic Plan General Policy 2 in its appearance, character, compatibility with the locality and highway safety. 10. I draw attention to the fact that the application solely concerns the use of the premises and provision of outside tables. Subsequent works, if any, would require a further application or applications, and determination on merits. The current application does not, for example include for fume extraction equipment, which might not arise with the intended menu but would require a further application in the event that such equipment were needed.
Inspector
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