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The application site comprises of a 4 storey hotel on a prominent site at the corner of Loch Promenade and Regent Street. Regent Street has a carriageway width of 4m. Outside the premises, it has a footway width of 6m, which narrows to 4m to accommodate a parking lay-by for disabled people.
Immediately to the west of the premises, there is a junction between Regent Street and Villiers Lane, a narrow road which provides vehicular access to the rear of commercial properties in Loch Promenade and Strand Street. At the junction between Regent Street and Villiers Lane, the carriageway rises to the same level as the footway, and there is no kerb. To the west of this junction, Regent Street has been pedestrianised.
The application site is located within the Douglas Promenade Conservation Area. The site is also zoned as predominantly tourism within the Douglas Local Plan.
The application is seeking consent for the display of advertisement on the canvass barriers to surround a proposed external seating area. The canvass barriers project out by 1.8 m from the side elevation of the building. The widths of the barrier when viewed from Regents Street will be 3.1 m , 3.5 m and 9 m .
The application is also proposing to erect two awnings on the side elevation of the building which will project 2.2 m over the footway. The width of awnings will be 7.1 m and 10.9 m , respectively. There is a clearance of 2.4 m from ground level to the lowest part of the awnings.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Environment Policies 35 and 37, and Transport Policy 4
Environment Policy 35 states that "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."
Environment Policy 37 states that "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."
Transport Policy 4 states that "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
Section 18 (4) of the Town and Country Planning Act 1999 states "Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act."
The following previous applications are considered relevant in the consideration of this application: 07/01785/B - Alterations, conversion of existing bedrooms into a coffee shop and hotel lounge bar, erection of two canvas canopies and one glazed canopy and creation of external seating area - Split decision on the 29th April 2008.
The internal works to convert the existing bedrooms into a coffee shop and hotel lounge bar was granted planning permission; while, the external work to erect canopies and create an external seating area was refused permission.
07/01880/D - Application of advertising for canopies and barriers - consent granted on 4th December 2007. 03/01872 - Creation of three additional en-suite bedrooms involving an additional window and waste connections - granted 11 February 2004 02/01591/B - Installation of fire escape from basement with access gate to promenade - granted 07 January 2003
02/01118/B - Installation of uPVC sliding sash windows to replace existing - refused 19 May 2003 99/02250/B - Internal alterations and refurbishment - granted 09 May 2000
Douglas Corporation have not commented on the application Highways Division of the Dept of Transport have no objection to the proposal The owners of No. 5 Regents Street have commented that he can see 2 changes from the previous refusal. These being the end of the seating area nearest the post office have moved by a fraction and if anything the area has grown further towards the entrance to Apperitivo. The objector cannot see how these amendments make any difference to the decision by the Minister. They consider the proposed use will impact adversely on highway safety; the use may impact adversely on the appearance of the building and safety for pedestrians.
The main issues in the determination of this application are 1) whether the proposal impacts on the character and appearance of the Conservation Area and 2) whether the proposal impacts on highway safety.
The starting point is to consider the comments of the Independent inspector in respect of the previous outdoor seating under planning application 07/1785/B. The conclusions were as follows: "General Policy 2(i) of the Isle of Man Strategic Plan indicates that development should not have an unacceptable effect on road safety or traffic movement. I note that the Department of Transport have not objected to the proposed development on road safety or traffic grounds.
However, at the time of my visit, Villiers Lane was being used to unload a commercial vehicle. This street is too narrow for vehicles to pass one another, or to turn around, and it seems that they must either enter or leave it in reverse gear. The tight corner at the junction of Regent Street is particularly difficult to negotiate. I do not doubt that, on occasions, vehicles encroach onto the pavement here is relatively wide, and this contributes to the safety of pedestrians. The proposed seating area would reduce the effective width of the footway to two metres, at a point where there is already a potential hazard to pedestrians caused by the manoeuvring of commercial vehicles.
The present width of the footway enables wheelchair users to get into or out of their cars at the parking lay-by, without inconveniencing pedestrians. If the footway were to be narrowed as proposed, it seems to me it would be likely to become more congested on occasions, with consequent interruptions to the free flow of pedestrian traffic.
On balance, I consider that the proposed development would be inimical to the safety and convenience of road users. I find it unacceptable on this count."
It should be noted that the advertisements which were to surround the previous seating area were approved by Planning Authority; however, the decision was not appealed by anyone and therefore there is consent for advertisements to be displayed on the same lines as the refused seating area. The applicant has decided to revise the seating area to take on board the inspectors comments and has consequently revised their advertisement scheme for the seating area.
In the previous application, the barriers came within two metres of Villiers Lane; however, in this application, the proposed seating area would be set back 5.3 m from Villiers Lane. This proposal now allows sufficient space for pedestrian to manoeuvre without coming into conflict with the commercial vehicles wishing to use Villiers Lane.
In respect of the positioning of the canvass barriers adjacent to the parking lay-by, the previous scheme had proposed a clearance of 2 m from the canvass barriers to the existing kerb, which was considered to be unacceptable. A site meeting has taken place between the Planning Authority, the Highways Division of the Department of Transport, and applicant's agent along with the applicant to discuss the inspector's concerns regarding the narrowing of the footway. It was agreed between all the parties that the barriers be moved back to provide a clearance of 2.3 m . The Metric Handbook suggests that a 1.7 m wide path would allow two prams or wheelchairs to pass each other. The proposed clearance is 0.6 m more than the standards in the Metric Handbook compared to the previous clearance, which was only 0.3 m more than the standards in the Metric Handbook.
Furthermore, when visiting the site on various occasions, it has never been congested when wheelchair users have been getting into and out of their cars at the parking lay by. This proposal will allow sufficient space for pedestrians to use the footway when wheelchair users are getting into and out of their cars in the parking lay by. It is considered the proposal will not be prejudicial to the free flow of pedestrian traffic.
It is recommended that consent be granted subject to conditions.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The occupiers of No. 5 Regents Street have commented on planning matters and as such should be granted party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 15.09.2008
C 1. a) The development hereby permitted shall be commenced before the expiration of four years from the date of this notice. b) Any advertisements displayed, and any site used for the display of advertisements, shall be maintained in a clean and tidy condition to the reasonable satisfaction of the Department. c) Any structure or hoarding erected or used principally for the purpose of displaying advertisements shall be maintained in a safe condition. d) Where an advertisement is required under these Regulations to be removed, the removal shall be carried out to the reasonable satisfaction of the Department. e) No advertisement is to be displayed without permission of the owner of the site or any other person with an interest in the site entitled to grant permission.
f) No advertisement shall be sited or displayed so as to obscure, or hinder the ready interpretation of any traffic sign, railway or tramway signal or aid to navigation by water or air, or so as to render hazardous the use of any highway, railway, tramway, harbour or aerodrome.
C 2. This consent relates to installation of non-illuminated signage as shown in drawing numbers 0635/C04 Rev 8 date stamped 12th August 2008, 0635/C02 Rev H date stamped 7th August 2008, 0635/PL20 Rev A (part superseded by Planning Officer), A1 and A2 date stamped 12th May 2008.
I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control)
Decision Made : Permitted Date : Signed : M. I. McCauley
Director of Planning and Building Control
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