STATEMENT SUBMITTED ON BEHALF OF PLANNING AND BUILDING CONTROL DIVISION (DEPARTMENT OF INFRASTRUCTURE)

PA 13/00565/D Erection of pavement barriers for outside seating area, 26 Victoria Street, Douglas, Isle of Man, IM1 2LE

Statement on behalf of the Planning and Building Control Division (Department of Infrastructure) in respect of:

PA 13/00565/D Erection of pavement barriers for outside seating area, 26 Victoria Street, Douglas, Isle of Man, IM1 2LE

INTRODUCTION

1. In accordance with the provisions of 10. (1)(b) of the Town and Country Planning (Development Procedure) Order 2005 any planning application that proposes development involving land that the Department of Infrastructure is in ownership it cannot be determined by the Planning and Building Control Division. In these instances the relevant legislation requires the planning application to be referred to and determined by the Council of Ministers. Such planning applications are dealt with by an appointed person (Planning Inspector) who is charged with assessing the proposed development and reporting their recommendations to the Council of Ministers.
2. Given the above, this statement is intended to set out the background of the planning application and identify what are considered to be relevant planning policy considerations. In order to avoid any perception of bias the statement purposely makes no assessment of the proposed development and offers no recommendation.

THE APPLICATION SITE

3. The application site is the curtilage of 26 Victoria Street and a section of the pavement immediately adjoining the building. The application site building is a Registered Building (Registered Building No. 225) and lies within the Athol Street/Victoria Street Conservation Area. The full extent of the Conservation Area is shown in APPENDIX 1 of this report.
4. The application site building is four storey and mid terraced. The surrounding area is characterised by a predominantly Victorian street scene interspersed

with more modern buildings. The area has a mix of land uses including cafes, shops and offices. 5. Photographs of the application site building can be viewed in APPENDIX 2 of this statement.

THE PROPOSAL

6. The planning application seeks approval for the erection of pavement barriers detailing advertising to create an outside seating area.
7. The proposal comprises the erection of five advertising barriers measuring 1.5(\mathrm{w}) \times 0.9(\mathrm{~h}) \times 0.1(\mathrm{~d}) \mathrm{m}. The proposed barriers would be constructed in fabric on removable stainless steel posts in lockable floor sockets. The proposed barriers would be black with white writing.
8. The seating area in its entirety would have a maximum width of 5.1 metres and a projection from the front elevation of the application site property of 1 metre. This would leave 2.5 metres of pavement available for pedestrians.
9. The application includes information on the type of chairs, tables and barriers that would be used to form the outside seating area.

PLANNING HISTORY

10. The application site has been the subject of six previous planning applications and two Registered Building Consent application, four of the planning applications and both of the Registered Building Consent applications are considered materially relevant to the assessment of this current planning application given the level and nature of development proposed:

PA 12/00441/GB: Creation of an outside seating area (In association with 12/00442/CON). This previous planning application was permitted.

PA 12/00442/CON: Registered Building consent for the creation of an outside seating area (In association with 12/00441/GB) Registered Building Nos. 225. This was permitted.

PA 12/00069/CON: Registered Building consent for the erection of illuminated signage (In association with 12/00068/D) Registered Building Nos. 225. This was permitted.

PA 12/00068/D: Erection of illuminated signage (In association with 12/00069/CON). This previous planning application was permitted.

PA 12/00071/CON: Registered Building Consent for conversion of office/retail unit to a cafe including the installation of new shop frontage (RB no 225 in association with 12/00070/GB). This was permitted.

PA 12/00070/GB: Conversion of office/retail unit to a cafe including the installation of new shop frontage (in association with 12/00071CON) 11. No. 28 Victoria Street has been the subject of one previous planning application that is considered materially relevant to the assessment of this current planning application:

PA 12/01210/D: Installation of demarcation barriers with signage. This previous planning application was permitted. 12. No. 21 - 23 Victoria Street has been the subject of one previous planning application that is considered materially relevant to the assessment of this current planning application:

PA 12/00260/C: Creation of an outside seating area. This previous planning application was permitted. 13. 17 Victoria Street has been the subject of one previous planning application that is considered materially relevant to the assessment of this current planning application:

PA 09/00675/C: Change of use of pavement space to outside seating area. This previous planning application was refused on the grounds that the creation of an outside seating area would be contrary to Transport Policies 4 and 6 of the Isle of Man Strategic Plan 2007, in that the development would create an obstruction in the public highway which would prevent pedestrians to move freely within the locality.

PLANNING POLICY

14. In terms of local plan policy, the application site is within an area designated as predominantly shopping under the Douglas Local Plan Order 1998 Map No. 1 (Central Area). As previously mentioned the application site lies within the Athol Street/Victoria Street Conservation Area.
15. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains five policies that are considered specifically material to the assessment of this current planning application.

Strategic Policy 4 States: "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest; (b) Protect or enhance the landscape quality and nature conservation value or urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and (c) Not cause or lead to unacceptable environment pollution or disturbance."

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; (1) 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 32 states: "Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."

Environment Policy 34 states: "In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred."

Environmental Policy 35 states: "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." 16. Planning Policy Statement 1/01 - Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man sets down the policies in relation to the conservation of the built environment of the Isle of Man, including policy for the identification and protection of historic buildings, conservation areas and other elements of the environment. This policy statement contains two policies that are considered specifically material to the assessment of this planning application:

Policy RB/3: GENERAL CRITERIA APPLIED IN CONSIDERING REGISTERED BUILDING APPLICATIONS; "The issues that are generally relevant to the consideration of all registered building applications are:-

• The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;
• The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register;
• The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape, or where it shares particular architectural

forms or details with other buildings nearby (including other registered buildings)."

Policy RB/5: ALTERATIONS AND EXTENSIONS; "In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered building buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative affect upon the buildings special interest as a result of several minor works which may individually seem of little consequence."

REPRESENTATIONS

17. The Department of Infrastructure Highways Division do not oppose the current planning application.
18. The Manx Electricity Authority (MEA) note that there are underground cables/overhead lines present in the area and the MEA Network Operations

Department should be contacted to discuss working practices around cables and overhead lines.

ASSESSMENT

19. In judging the effect of any proposed alteration to a Registered Building, it is essential to have assessed the elements that make up the special interest of the building in question and what contributes to the registration of the building. In this instance No. 26 Victoria Street is of special architectural and historic interest.
20. It is therefore imperative that the proposed advertising barriers would not deter from the architectural and historical interest of the building with the existing barriers considered sympathetic to the main building. The existing building already has a modern shop front as similar to a number of developments within the locality.
21. As the application site is within a Conservation Area, the main policy to consider is Environment Policy 35. This policy indicates that development will only be permitted when it would "preserve or enhance the character or appearance of the Area".
22. The principle of a seating area at No. 26 Victoria Street has previously been approved. External seating areas provide cafes, bars and restaurants with additional facilities to provide customers with the option of being able to sit outdoors whilst enjoying beverages and meals.
23. With regards to the impact on the public footpath, there would be adequate width between the edge of the proposed seating area and highway to allow people to pass with ease without impacting upon the safety of pedestrians.

CONCLUSION

24. It could be thought the implementation of an external seating area could be beneficial to the visual amenities of the area, and enhance the existing quality

of the street scene and Conservation Area in compliance with Environment Policy 35 and offer a cosmopolitan feel to the area and provide the community with additional facilities.

RECOMMENDED CONDITIONS

25. Should the appointed person be minded to recommend that the application be permitted, the following conditions are recommended:

C1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C2. This approval for the erection of advertising pavement barriers for an outside seating area relates to DWG No. 05 and 06 both date stamped 9^{\text {th }} May 2013.

C3. A minimum unobstructed width between the front edge of the pavement cafe area and the face of the kerb shall be 2 metres.

This statement has been prepared by the Planning and Building Control Division (Department of Infrastructure)

APPENDIX 1

The Athol Street/Victoria Street Conservation Area

ATHOL STREET/VICTORIA STREET CONSERVATION AREA

Map referred to in The Douglas (Athol and Victoria Streets) Conservation Order 2007

Made this 22nd day of November 2007

J.P. Blumenthal Minister for Local Government and the Environment

APPENDIX 2

Photographs detailing existing Application Site with existing seating area approved under PA 12/00441/GB

Statement on behalf of Planning and Building Control Division (Department of Infrastructure)

Statement on behalf of Planning and Building Control Division (Department of Infrastructure)

Statement on behalf of Planning and Building Control Division (Department of Infrastructure)