14 September 2012 · Council of Ministers
26, Victoria Street, Douglas, Isle Of Man, IM1 2le
The proposal involves forming a small outdoor seating area on the 3.5m wide pavement outside the Coffee Republic café at 26 Victoria Street, consisting of 4 tables (0.5m diameter) with 2 chairs each, enclosed by five 0.9m high removable advertising banners on stainless steel posts locked into floor sockets, occupying a…
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The inspector identified two main issues: effect on the Registered Building and Conservation Area, and pedestrian safety. For heritage, the seating would provide 'visual interest to this bland ground …
Strategic Policy 4
Requires proposals to protect or enhance the fabric and setting of Registered Buildings. Assessed as satisfied as seating provides visual interest to bland ground floor without attachment or detriment to upper Victorian architecture.
Environment Policy 32
Protects Registered Buildings. No detrimental effect on fabric, setting or character.
Environment Policy 35
Within Conservation Areas, permits only development preserving or enhancing character. Seating enhances vibrant commercial street character without material harm.
Strategic Policy 10
New development should not adversely affect highway safety or pedestrian movement. 2.5m clear width adequate, no material adverse effect.
General Policy 2
Requires no adverse effect on road safety/traffic flows (h), or community safety (i). Satisfied due to ample pedestrian space and low obstruction risk.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved plans
This approval relates to the creation of an outside seating area in association with a cafe business at no 26 Victoria Street, Douglas, as shown on Drwg Nos 2011/46/05A and 2011/46/06A received on 29 May 2012.
no objection to the proposal
This development has no material impact on the highway
Douglas Borough Council and Manx Electricity Authority raised no objections or conditional interest, while Community Planning Service objected to pedestrian safety impacts, and Highways Division initially deferred but accepted amended plans with no highway impact.
Key concern: restriction of pedestrian traffic creating a chicane on busy pavement forcing pedestrians onto road
Douglas Borough Council
No ObjectionDouglas Corporation have no objection to the proposals listed below.
Manx Electricity Authority
Conditional No ObjectionThe Authority wish to express their interest in the following planning applications, and request that a condition of planning be that the applicant must contact the Authority.; See Special Note
Conditions requested: condition of planning be that the applicant must contact the Authority
Community Planning Service
ObjectionCPS has no objection in principle to outside refreshment seating areas where they are safe and convenient for all road/pavement users. This is not the case here.; The amended layout makes no difference to CPS fundamental objection to this restriction of pedestrian traffic of all sorts on a busy pedestrian route.
Department of Infrastructure Highways Division
No ObjectionA clearance of 2.5 metres is required. The width of the pavement is 3.5 metres, an outdoor seating area could not be accommodated within a 1 metre space.; Amended drawings illustrate tables and chairs within the premises/highway. This development has no material impact on the highway.
The original applications for an outdoor seating area on the pavement outside a café at No 26 Victoria Street, Douglas, were not considered by the Planning Committee due to the Highways Division's involvement in the Department of Infrastructure. Community Planning Service objected on pedestrian safety grounds, citing IOMSP Strategic Policy 10(c) and (d). The inspector conducted a site visit and assessed impacts on the Registered Building, Conservation Area, and pedestrian safety. The inspector found no harm to the building or area character and sufficient pavement space remaining for safe passage, overriding CPS concerns. Both applications were recommended for approval subject to conditions.
Precedent Value
Demonstrates that pavement seating in busy conservation areas can be approved if clear pedestrian width (2.5m here) is maintained and elements are temporary/non-fixed, with Highways support overriding CPS objections. Future applicants should prioritise quantified pedestrian space and amendments addressing safety.
Inspector: Ruth MacKenzie BA(Hons) MRTPI
