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Application No.: 08/00319/B Applicant: MHE Investments Proposal: Creation of an outside seating area Site Address: Admiral House 12 - 13 Loch Promenade Douglas Isle Of Man IM1 2LX ### Considerations Case Officer : Mr Ian Brooks Expected Decision Level: Delegation ### Written Representations 2 Queens Avenue Douglas Isle Of Man IM1 4DA Objects to the proposal Insufficient parking ### Consultations Consultee : Highways Division Notes: Objection Consultee : Douglas Corporation Notes: Objection Consultee : Chief Fire Officer Notes: Defer Consultee : Manx Electricity Authority Notes: Note received Consultee : Disability Access Officer Notes: Comments received
SITE 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 4 m . 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 permission for the creation of an outside seating area which project out 1.8m from the side elevation of the building and will be 18.6m in length.
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 Policy 35, and Transport Policy 4.
Environment Policy 35 of the Isle of Man Strategic Plan 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."
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:
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.
16 September 2008
08/00319/B
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 has objected to the application on the following grounds that the proposed location of the tables and chairs would impair the access for the disabled using the disabled parking bays.
Highways Division of the Department of Transport has objected to the application on the following grounds: This is a HGV route to the rear lane. There has been no pre-application consultation with the Highway Department regarding highway land.
The Disability Access Officer is concerned about the close proximity of the external seating area to the disabled car parking bays on Regent Street. Although guidelines for such developments propose a two metre pedestrian width, this situation is very different in that this width will be severely restricted due to the opening of vehicles, and believes this could possibly lead to conflict with pedestrians and/or force people to walk on the road with obvious safety issues. These car parking bays are extremely popular for disabled offering close access to the Post Office, Banks and Shops.
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.
Standard comments have been received from the Manx Electricity Authority and the Isle of Man Fire and Rescue Service.
Procedural Matter - It should be noted that the plans show stainless steel posts with canvass screens and awnings are advertising the venue's name. These screens and awnings are classed as advertisements. The merits of them cannot be assessed within this application as advertisements are controlled under separate legislation, i.e. The Control of Advertisement Regulations 2005, and not the Town and Country Planning (Development Procedure) Order 2005.
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."
In the previous application, the seating area 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 seating area 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 planning permission 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.
Whilst Isle of Man Fire and Rescue Service and the Manx Electricity Authority represents a statutory authority, the points raised in correspondence relate to Building Control matters and not planning and as such should not be afforded party status in this instance.
The Disability Access Officer and 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: 16.09.2008 Conditions and Notes for Approval / Reasons and Notes for Refusal
N : Notes attached to conditions R : Reasons for refusal
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
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.
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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