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Kellie Ellen Vannin
H Dog Limited
35 Princes Street
Douglas
Isle Of Man
IM1 1BB
In pursuance of powers granted under the above Act and Regulations the Department of Infrastructure has, under application reference 13/00472/D, given EXPRESS CONSENT to H Dog Limited for the Erection of barriers with advertising to form an outside smoking area at The Crescent Queens Promenade Douglas Isle Of Man IM2 4NN subject to compliance with the following condition(s):
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval for the erection of barriers with advertising to form an outside smoking area relates to Location Plan, Site Plan, 1 x A4 sheet detailing the advert logo and 2 x A4 sheet detailing barrier specifications all date stamped 18th April 2013.
The approved barriers and smoking area may be used only between 2100hrs and 0100hrs on Friday, Saturday and Sunday. At all other times the barriers and smoking area must not be used.
Date of Issue:
23rd May 2013
M Kallyher
Director of Planning and Building Control
This decision was made by a Senior Planning Officer in accordance with the authority delegated to them.
This permission refers only to that required under The Control of Advertisements Regulations 2005.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml
Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.
The proposed development must not be commenced until either;
Whichever is the later.
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.
Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]
13/00472/D
| Application No. : | 13/00472/D | | --- | --- | | Applicant : | H Dog Limited | | Proposal : | Erection of barriers with advertising to form an outside smoking area | | Site Address : | The Crescent | | | Queens Promenade | | | Douglas | | | Isle Of Man | | | IM2 4NN |
Case Officer : Miss Melissa McKnight Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
1.1 The application site is the residential curtilage of The Crescent, a three storey mid terraced building sited on the western part of Queens Promenade in Douglas 39 metres from the junction to Summer Hill. 1.2 The application site is within the Douglas Promenades Conservation Area.
2.1 This current planning application seeks the approval for the erection of barriers with advertising to form an outside smoking area. 2.2 Each individual proposed barrier would have a width of 2 metres with a grpahics width of 1.85 metres. In total the barriers together would project 4 metres from the front of the building and proceed 16 metres in front of the building with three 1.5 metres gaps for fire exit access. 2.3 The barriers would be constructed of aluminium with a PVC screen printed logo and would be in place when the building is open to the public between 2100hrs and 0100hrs, Friday, Saturday and Sunday. 2.4 The advertising sign would be green and red with white lettering.
3.1 The application site has been the subject of five previous planning applications that are not considered materially relevant to the assessment of this current planning application.
3.1 In terms of local plan policy, the application site is within an area designated as Tourism and Residential under the Isle of Man Planning Scheme (Douglas Local Plan) Order 1998 Map No. 2 (South). As previously mentioned the application site is within the Douglas Promenades Conservation Area.
3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application:
General Policy 2 states: "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; (h) 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."
Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
4.1 The Department of Infrastructure Highways Division do not oppose the current planning application. 4.2 The Manx Electricity Authority (MEA) have advised that the MEA require 24 hours unrestricted access to the cables in the Public Highway and MEA will not be liable for any loss of income caused to the applicant as a result of its statutory works.
5.1 There are two key issues to consider in the assessment of this current planning application; 1) The impact of the proposed advertising barriers on the Conservation Area; and 2) The impacts of the proposed barriers on highway and pedestrian safety. 5.2 It is judged that the proposed barriers would be of a scale that would not appear as an overly prominent feature of this part of the Conservation Area.
5.3 The creation of a contained area for smokers would prevent an overspill of people onto the pathway and highway and would also reduce the impact of intimidation for passersby by reducing the impact of large groups of staggered people.
5.4 The proposed smoking area would be contained to the front of the building and would not encroach onto the pathway or highway and therefore pedestrian movement and highway safety would not be compromised.
5.5 Overall it is concluded that the planning application accords to the provisions of General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007.
6.0 RECOMMENDATION
6.1 It is recommended that the planning application be permitted.
7.0 PARTY STATUS
7.1 The local authority, Douglas Borough Council, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.
7.2 It is considered that the following parties that made representations to the planning application should not be afforded interested party status:
The Manx Electricity Authority
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 20.05.2013
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval for the erection of barriers with advertising to from and outside smoking area relates to Location Plan, Site Plan, 1 x A4 sheet detailing the advert logo and 2 x A4 sheet detailing barrier specifications all dtae stamped 18th April 2013.
C 3. The approved barriers and smoking area may be used only between 2100hrs and 0100hrs on Friday, Saturday and Sunday. At all other times the barriers and smoking area must not be used.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted Date : 02.5.13
Determining officer (delete as appropriate) Signed : S20M0472 Anthony Holmes Sarah Corlett Senior Planning Officer Senior Planning Officer Signed : S20M0472 Michael Gallagher Jennifer Chance Director of Planning and Building Control Development Control Manager
22 May 2013 13/00472/D Page 4 of 4
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