Written Statement Planning Authority

Written Statement Of The Planning Authority

Reference:

Application 14/00369/B Application 14/00370/D Site – Pizza Hut, Nos. 1, 3 & 5 Walpole Avenue, Douglas

Proposal – Creation of outside seating area with associated signage Applicant – PH Isle of Man Ltd

Introduction

1. Applications for planning approval and Advertisement Consent have been made to create an outside seating area with associated signage on land adjacent Pizza Hut, Nos. 1, 2 and 5 Walpole Avenue, Douglas. The land is on the pavement, which forms part of the public highway and is controlled by the Department of Infrastructure. Since the Planning Authority sits within the Department of Infrastructure, it is unable to determine the application itself. It is important that there is no perception of bias in the decision making process and so the application will be decided by the Council of Ministers instead.

1. This written statement has been prepared on behalf of Planning and Building Control, Department of Infrastructure, to assist the Inspector make a recommendation to the Council of Ministers on what decision it should take on the applications. The statement includes the following information:

• A description of the application site and proposals;
• Summary of any relevant planning history;
• List of the policies that the Planning Authority believes is relevant to the application;
• Summary of representations received by the Planning Authority;
• An assessment of the main issues relevant to the determination of the applications, as offered by the planning officer; and
• A list of suggested conditions if the applications are approved.

Description of the Application Site

1. The application site forms part of a wide area of pavement outside Pizza Hut, Nos. 1, 3 and 5 Walpole Avenue, Douglas. The site is located at the southern end of the Promenade and is a prominent location next to the main thoroughfare. The pavement has recently been widened as part of the Phase 1 highway improvement works to the Promenade.

1. The site is situated within the Douglas Promenades Conservation Area. A plan showing the extent of the Conservation Area is attached.

Description of the Proposal

1. There are two applications:

• Application 14/00369/B seeks planning approval for the creation of an outdoor seating area.
• Application 14/00370/D seeks Advertisement Consent for signage to be located on the associated barriers for the outside seating area.

Summary of Relevant Planning History

1. The site has the following relevant history:

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 conversion 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

1. The area is recognised as predominantly offices by the Douglas Local Plan 1998.

14/00369/B – application for planning approval

1. 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.'

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.'

1. 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.

14/00370/D – application for Advertisement Consent

1. 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 general 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

1. 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.

Isle of Man Constabulary – no objection:

• Recommends controls on the hours of operation of 11am to 10pm on any day, with the seating removed after 10pm

Food Safety Unit, DEFA – comments as follows:

• The proposal will change the premises from a takeaway to a cafe and this means that toilets will be required under the legislation.

Manx Utility Authority – advisory note.

F G Scott Ltd (owner of the buildings) – objection:

• The proposal represents an unnecessary obstruction on the pavement and inconvenience to patrons of the hotel, La Piazza and Bordello.
• There is no justification for the outside seating area to serve takeaways. Concerns about litter.
• The premises are unsuitable for use as a cafe/restaurant as they have no customer toilets.
• Stress on local parking provision

Consideration of the Main Issues

The effect of the proposal on the character and appearance of the Conservation Area

1. 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. 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

1. The area has a mixture of commercial uses and subject to the control on hours recommended by the Isle of Man Constabulary it is considered unlikely that the proposal would be harmful to the amenities of the area.

Access and public safety

1. The Highway Service has requested that a 3.5 metre wide area of pavement is retained – this corresponds with the layout of the seating area shown on the submitted plans. Provided that the seating area is limited to this area there will be sufficient space for pedestrians to safely and easily pass along this stretch of the public footway. This can be controlled by means of a condition.

1. 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.

Economic considerations

1. 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

1. The requirement for toilets is dealt with under different legislation and is not a material planning consideration.

1. There is no evidence that the proposal would have a significant or unacceptable impact on the availability of parking in the area.

1. There is no reason to believe that the proposal would result in such serious levels of litter that would make the proposal unacceptable in land-use planning terms.

List of Suggested Conditions

1. The following conditions are suggested without prejudice if the applications are approved.

Planning application 14/00369/B:

C1 – 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.

C2 – The seating area shall be limited to the area shown on Drawing Number 2014/09 02 received on 26 March 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 14/00370/D C1 – 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 2014/09 02 received on 26 March 2014. Reason: To ensure an adequate pavement area of 3.5 metres so as to facilitate the smooth and safe flow of pedestrians.