24 September 2008 · Delegated - Director of Planning and Building Control (M. I. McCauley)
Edinburgh Hotel, 13, Loch Promenade, Douglas, Isle Of Man, IM1 2lx
The proposal involved creating an external seating area for a hotel coffee shop/lounge bar, projecting 1.8m from the building and 18.6m in length along Regent Street adjacent to a busy pavement with disabled parking bays. The site is a 4-storey hotel in Douglas Promenade Conservation Area, zoned for tourism.
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The officer addressed the previous refusal of 07/01785/B (upheld on appeal), where an independent inspector found the scheme unacceptable under General Policy 2(i) due to reduced footway width (to 2m)…
General Policy 2
Requires development not to have unacceptable effect on road safety or traffic movement. Officer assessed against previous inspector's findings on footway narrowing; amendments provided adequate 2.3m clearance exceeding standards, with site visits confirming no congestion.
Environment Policy 35
Permits only development preserving or enhancing Conservation Area character. No detailed assessment or concerns raised; proposal in tourism zone on promenade implied acceptable.
Transport Policy 4
Requires highways to accommodate generated vehicle/pedestrian journeys safely. Overcame initial Highways objection via setbacks and clearances ensuring pedestrian safety near HGV lane and disabled bays.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This permission relates to the creation of an external seating area as shown in drawing number 0635/C02 Rev H and 0635/C04 Rev B date stamped 7th August 2008, 0635/PL20 Rev A (part superseded by Planning Officer) date stamped 6th May 2008.
standard note on underground cables/overhead lines; contact for site safety
defer; consult fire safety department (building control matter)
Multiple objections from public representative A.G. Hardy, Douglas Corporation, Disability Access Officer, and initial DOT Highways response citing pedestrian safety, disabled access, delivery vehicle hazards, and highway land issues; countered by later no objection from Highways Division and conditional responses from utilities and fire service.
Key concern: impairment of disabled access due to proximity to parking bays and narrowed pavement
A.G. Hardy
ObjectionThe proposed development would be inimical to the safety and convenience of road users; to remove half of the available pavement would seem like an issue
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application
Conditions requested: applicant must contact the Authority; Contact Network Operations Department (Tel. 687687) to discuss working practices around Cables and Overhead Lines which may be required to be diverted; Contact M.E.A. for Electrical Site Safety documents (Tel. 687766); All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6; MEA requires 24 hours unrestricted access to the cables in the Public Highway
Borough of Douglas
Objectionthe committee agreed to raise an objection on the grounds that the proposed location of the tables and chairs would impair the access for the disabled using the disabled parking bays
Department of Transport Highways Division
ObjectionObjection
Disability Access Office
ObjectionAlthough guidelines for such developments propose a two metre pedestrian width, this situation is very different
Isle of Man Fire and Rescue Service
Conditional No ObjectionTHIS APPLICATION FALLS WITHIN 7TH SCOPE OF 7TH FIRE PRECAUTIONS ACT 1975
Conditions requested: recommend the applicant consults with the Fire Safety Department to discuss the hazards of the application
Department of Transport Highways Division
No ObjectionDo not oppose
