Cabinet Office

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 4th July 2014

Our Reference : DF14/0017 Planning Secretary Department Of Infrastructure Planning and Building Control Division Murray House Mount Havelock Douglas Dear Sir/Madam,

TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013

PA Ref: \quad 14 / 00369 / B Applicant: PH Isle Of Man Ltd Proposal: Creation of an outside seating area Address: Pizza Hut 1, 3 & 5 Walpole Avenue DouglasIsle Of Man IM1 2LT

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.

On the 26th June 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.

1. The development hereby approved shall commence before the expiration of four years from the date of this decision.
2. The seating and tabling area shall be limited to the area shown on Drawing Number 2014/09 02 received on 26 March 2014.
3. No customers shall be served or remain in the seating area/tabling area outside the hours of 09:00 and 22:00 hrs on any day. The seating, tables, barriers and any other articles required for the operation of the outdoor seating area shall be removed outside of these same hours.

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

Appeal Nos DF14/0017 & DF14/0018

Applications 14/00369/B and 14/00370/D

Appeal Nos: DF14/0017 and DF/140018

Application Nos: 14/00369/B and 14/00370/D

Report on Planning Applications

Written Representation Cases:

Site Inspection held on 9 June 2014

Applications by: PH Isle of Man Ltd, for planning approval and advertisement consent for: (1) the creation of an outdoor seating area and (2) the installation of signage to outside seating barriers both at Pizza Hut, 1, 3 and 5 Walpole Avenue, Douglas, Isle of Man IM1 2LT

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, its surroundings and the proposals; background information and relevant policy; a summary of the written statements and comments by the Planning Authority, the applicant and others (fuller details are available for reference in the case file). My assessments, conclusions and recommendations then follow.

3. The statements (on files) submitted on behalf of the Planning and Building Control Division (Department of Infrastructure) set out the background to the applications and identify what are considered to be the relevant planning considerations. In order to avoid any perception of bias the statements purposely make no assessment of the proposed outdoor seating area and advertisement signage and offer no recommendations.

Site and surroundings

4. The site for the proposals is at the southern end of the Promenade and lies within the Douglas Promenades Conservation Area. The site forms part of a wide area of pavement outside the Pizza Hut premises, the address of which is Nos 1, 3 and 5 Walpole Avenue, Douglas at the junction with the Promenade. However the main entrance to the premises is off the Promenade with access to the toilet facilities off Walpole Avenue. The premises have two or three internal tables with other seating provided at bar type fixtures; a cooking and serving area; a food storage area and patrons' toilet facilities to the rear which are accessed off Walpole Avenue.

5. The site is in a prominent position on the pavement immediately next to the thoroughfare and close to the recently re-positioned Jubilee Clock (Registered Building 169) at the end of Victoria Street. The pavement along this part of the Promenade has recently been widened and re-surfaced as part of the Phase 1 highways improvements to the Promenade which were granted approval in 2012.

Proposed Development

6. The proposals are for the creation of an outside seating area and indicate a total of 9 tables and 28 chairs. These would be surrounded by 1.05m high removable stainless steel posts with 1m high fabric advertisements set between the posts. The fabric barrier advertisements would display the Pizza Hut Trademark and would read 'Pizza Hut Delivery'. The seating, tabling and barriers would be in place between 09:00hrs and 22:00hrs daily. They would be removed outside of these hours.

7. The proposal indicates that there would be an unobstructed section of pavement, 3.5 m in width, outside of the entrances to the premises and those adjacent. Patrons would cross this pavement to gain access to the 'fenced off' seating area. Litter bins would be provided and all of the fittings would be free-standing and none would be fixed to the finished ground surfaces.

Background information and relevant policy

8. There have been various previous approved applications relating to the premises on this part of the Promenade and Walpole Avenue. In 2000 approval was granted for change of use of the application premises for the preparation and serving of hot food. In 2002 approval was granted for conversion of part of the first floor to restaurant use. In 2009 approval was granted for change of use to a mixed use including restaurant, café and takeaway and in 2009 approval was granted for a change in opening hours.
9. At the time of the writing of the planning authority statements an application was pending for Advertisement Consent for illuminated and non-illuminated signage at the premises (13/01352/D). There is nothing on either file to indicate the details or current status of this application. However, I do not consider that it can be directly relevant and these applications should be considered on their merits.
10. The area is recognised as being predominantly offices by The Douglas Local Plan 1998. Relevant policies for the planning application are Isle of Man Strategic Plan 2007 (IOMSP) policies, General Policy 1 (GP1), General Policy 2 (GP2), and Environment Policy 35 (EP35). Policy CA/2 of Planning Policy Statement 1/01 is also relevant. Policies EP35 and CA/2 seek to protect the character or appearance of Conservation Areas. With regard to the advertisement application, General Policy 6 (GP6) and Environment Policy 37 (EP37) are relevant and these respectively seek to ensure that advertisements are generally acceptable in amenity and highway safety terms and that they would preserve or enhance the Conservation Area.

Planning Authority Statement including representations by others

11. The points made, in summary, are as follows:

• The Department of Infrastructure Highway service does not object to the proposal provided that a 3.5 m width of unobstructed area is maintained for pedestrian passage. It also requires that the seating area must be contained within an approved barrier, and refers to a tapper rail for those with impaired visibility.
• The Department of Environment, Food and Agriculture (DEFA) Food safety unit advises that the proposal will change the premises from a takeaway to a café and this means that toilets would be required under the relevant legislation (see latest comments below from Environmental Health Officer).
• The Isle of Man Constabulary has no objection but recommends controls on the hours of operation of the outside catering area.
• The site is located in an area of takeaways, restaurants, other food establishments and a nightclub. The use of part of the pavement as proposed would be in keeping with the character of this commercial area.
• The character and appearance of the Conservation Area would be preserved.
• Subject to the control of hours it is considered unlikely that the proposal would be harmful to the amenities of the commercial area.
• Provided that the required 3.5 m wide area required by the highways division is maintained, there would be sufficient space for pedestrians to safely and easily pass the site on the public footway. This could be controlled by a planning condition. Access to buildings would be maintained.

Appeal Nos DF14/0017 & DF14/0018

Applications 14/00369/B and 14/00370/D

• The Highway Service requirement for a special barrier (tapper rail) is best dealt with by agreement with the Department of Infrastructure as landowner and the applicant rather than as a planning issue.
• The proposal would add to the vitality and viability of the town centre. There would be a positive economic impact and this supports the case for approval.
• The requirement for toilets is dealt with under other legislation.
• There is no evidence to suggest that the proposal would be detrimental to parking in the area.
• Nor is there any reason to believe that the proposal would result in unacceptable levels of litter.
• Conditions for both the planning application and for the advertisement consent would need to be imposed on any grant of approval/consent.

Statement by the Applicant

12. The points made in summary are as follows:

• Following consultation with all relevant Government bodies the proposals are acceptable and so too are access arrangements for adjacent buildings.
• The premises have toilets and the Food Safety Unit has approved the facilities.
• Refuse Bin facilities will be provided externally.
• There is no detrimental effect on parking in the locality.
• Objectors to the proposals are currently using the 'hotel' to house staff and the proposals will not affect the hotel use.
• The objectors have applied for a similar outside area (14/00528/B) and are simply objecting to these applications on the basis of competition.
• Potential customers can be serviced directly by the main ground floor premises and all seating and tabling will be removed after 22:00hrs.

Other parties

13. Messrs Long and Humphrey have objected on behalf of F G Sgott stated to be owners of the buildings in which Grand View Hotel (incorporating La Piazza Restaurant) and Bordello Restaurant and Nightclub are located. A summary of the points made is as follows:

• The proposal represents an unnecessary obstruction on the pavement and inconvenience to patrons of the hotel, La Piazza and Bordello.
• The existing takeaway has only limited seating areas at present. It is not adequately equipped to provide café/restaurant facilities. There are no adequate customer toilets and no bin refuse storage area.
• Two toilets and two wash basins would be required. At present there is only a 'courtesy' arrangement whereby the applicants are allowed to use the hotel drainage system for one toilet and 1 wash basin only.
• The proposal should not be considered until the proper provisions are in place.
• The proposal would result in more litter and it would be detrimental to parking.
• It is inappropriate for this newly refurbished area of town to be used for the consumption of takeaway food and others in the area are attempting to enhance the amenities through the provision of quality food and service.

14. The Environmental Health Officer (EHO) visited the premises on 12 May 2014 and his visit resulted in several unsatisfactory matters being identified. These included the facts that cleaning materials were being stored in the two toilet cubicles; that there was no intervening lobby between the toilets and food storage and that there was no signage directing patrons to the toilets.

15. However, a further visit, made on 28 May 2014, confirmed that all matters had been satisfactorily dealt with and that patrons had access to two separate WC units. These are within the curtilage of the premises and accessed from the side in Walpole Avenue. Signage has been provided within the servery area and the toilets are under

the direct control of the Pizza Hut staff. The applicants satisfy all other relevant legislation relating to the defined use of the premises as a 'refreshment house'.

Assessment and conclusions

16. The main issues are: firstly the effect that the proposal would have on the character and appearance of this part of the conservation area and, secondly, the effect on pedestrian safety and access to existing buildings in the immediate locality. Although the objector (see paragraph 11 above) takes issue and questions the extent of the toilet facilities for customers, this matter is to the satisfaction of the EHO (see paragraphs 11 and 12 above) and is not an issue.
17. During the course of my site visit I inspected the whole of the ground floor area of the 'Pizza Hut' premises and noted the two WCs which were appropriately fitted out. Although access was from the side and not from the main body of the restaurant/takeaway area, there was an adequate notice adjacent to the servery and the facilities are within the boundary of the premises.
18. Turning to the first issue, although this is a designated commercial area the principle of an outdoor seating area is acceptable. This proposal follows the basic principles for pavement cafes. Detailed negotiations have taken place, and satisfactory agreements have been reached, with all relevant Government departments.
19. Similar proposals have been approved within this part of Douglas including in nearby Victoria Street. Having seen this site and its immediate surroundings together with the proposed layout; the positioning of tables and chairs and surrounding proposed café barrier and signage, it is my view that the character and appearance of this part of the conservation area would be preserved both by the pavement café usage and by the proposed advertisement material. The proposals accord with the relevant policies which seek to protect the environment generally and the conservation area in particular.
20. The proposals accord with policies EP35 and EP37 as well as with CA2 and GP6. The proposals would add interest and vitality to the street scene, as well as providing economic and social benefits. The pavement café proposal would respect the site and its surroundings in layout, scale and form; it would not adversely affect the character of the surrounding townscape; it would not adversely affect residential amenity; it would provide satisfactory and safe amenity standards for users of the Promenade. The advertisement element would be relatively discreet and small in nature and would not be obtrusive within the street-scene. I conclude, therefore, that the proposals accord with the policies GP1 and GP2 and particularly criteria (b), (c), (g), (h) and (f) of the latter policy.
21. It is evident that there is more than enough space between what would be the edge (barrier line) of the outside seating area and the adjacent buildings. The unobstructed 3.5 m area required by the Highways Division can be maintained and any condition imposed could be readily enforceable. There would be sufficient safe space for pedestrians as well as adequate access to all buildings along this part of the Promenade. Having noted all the entrances, I do not consider that access to any building adjacent to the site would be impeded. I conclude, therefore, that the proposal is also acceptable with regard to pedestrian safety and access to existing buildings in the vicinity of the site.
22. The proposals make no actual permanent physical change to the area of the street which would be taken up by the outdoor seating/tabling area. All of the tables, chairs, barriers and advertisement signage would be readily moveable.
23. In summary I find no reason why planning approval and advertisement consent should not be granted. However, I do consider that all of the conditions set out in

Appeal Nos DF14/0017 & DF14/0018 Applications 14/00369/B and 14/00370/D

the Planning Authority statement are appropriate and necessary including the ones relating to the advertise features.

Recommendations.

24. I recommend that planning approval be granted the creation of an outdoor seating area at Pizza Hut, 1, 3 and 5 Walpole Avenue, Douglas, Isle of Man IM1 2LT subject to the following conditions:

25. The development hereby approved shall commence before the expiry of four years from the date of this decision.

26. The seating and tabling area shall be limited to the area shown on Drawing Number 2014/09 02 received on 26 March 2014.

27. No customers shall be served or remain in the seating/tabling area outside of the hours of 09:00 hrs and 22:00 hrs on any day. The seating, tables, barriers and any other articles required for the operation of the outdoor seating area shall be removed outside of these same hours.

28. I recommend that advertisement consent be granted for the installation of signage to outside seating barriers at an outdoor seating area at Pizza Hut, 1, 3 and 5 Walpole Avenue, Douglas, Isle of Man IM1 2LT Subject to the following conditions:

29. The advertisement(s) hereby granted consent shall commence before the expiry of four years from the date of this decision.

30. The seating/tabling and area for the advertisement barriers shall be limited to the area shown on Drawing Number 2014/09 02 received on 26 March 2014.

Anthony J Wharton BArch RIBA RIAS RTPI Inspector