14 September 2012 · Council of Ministers (accepted recommendation of Independent Inspector Ruth MacKenzie)
26, Victoria Street, Douglas, Isle Of Man, IM1 2le
The proposal involved creating an outdoor seating area for a café (Coffee Republic) at 26 Victoria Street, Douglas, using 4 small tables (0.5m diameter) with 2 chairs each, enclosed by five removable 0.9m high advertising banners on stainless steel posts locked into pavement sockets, occupying a 1m strip adjacent to th…
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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 area would provide 'visual interest to this bland gr…
Strategic Policy 4
Requires proposals to protect/enhance fabric/setting of Registered Buildings. Assessed as satisfied as seating not attached to building, no detriment to fabric/setting/character of ornate Victorian upper storeys.
Environment Policy 32
Protects Registered Buildings. Inspector found no detrimental effect on fabric, setting, character.
Environment Policy 35
Permits in Conservation Areas only development preserving/enhancing character. Seating enhances vibrant commercial street character without material harm.
Strategic Policy 10
Requires design not adversely affecting highway/pedestrian safety. 2.5m clear width ample, no material highway impact.
General Policy 2
Requires no adverse effect on road safety/traffic flows, amenity, pedestrian access. Satisfied by retained pavement space and taxi bay adjacency.
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 Douglas Corporation have no objection to the proposals including 12/00442/CON. Manx Electricity Authority expresses interest and requests contact. Community Planning Service objects due to pedestrian safety concerns, while Highways Division initially deferred but accepted amended plans with no highway impact.
Key concern: seating area will create a chicane on the pavement, potentially forcing pedestrians onto the road
Douglas Borough Council
No ObjectionDouglas Corporation have no objection to the proposals listed below.; It should be noted that the above comments are made in relation to the Town and Country Planning Acts and does not imply approval or consent under any other relevant enactment, byelaw, order or regulation.
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals listed below.; It should be noted that the above comments are made in relation to the Town and Country Planning Acts and does not imply approval or consent under any other relevant enactment, byelaw, order or regulation.
Manx Electricity Authority
Conditional No ObjectionSee Special Note; Please note MEA requires 24 hours unrestricted access to the cables in the Public Highway and MEA will not be liable for any loss of income caused to the applicant as a result of its statutory works.; The 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.
Conditions requested: a condition of planning be that the applicant must contact the Authority; Contact the M.E.A. for Electrical Site Safety 5 documents before any work is carried out on site
Community Planning Service
ObjectionThe amended layout makes no difference to CPS fundamental objection to this restriction of pedestrian traffic of all sorts on a busy pedestrian route.; CPS 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.; There is nowhere else to pass other than going onto the busy roadway.; The proposal is thus contrary to the Strategic Policy 10 (c) and (d).
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.; There is nowhere else to pass other than going onto the busy roadway.; The proposal is thus contrary to the Strategic Policy 10 (c) and (d).
Highways Division
No CommentDefer; Due to the high pedestrian volume a greater unobstructed width is required. A clearance of 2.5 metres is required.
Highways Division
No ObjectionAmended drawings illustrate tables and chairs within the premises/highway.; This development has no material impact on the highway.
The original applications sought planning approval and registered building consent for a small outdoor seating area on the pavement outside a café at No 26 Victoria Street, Douglas, a registered building in the Douglas Conservation Area; no explicit refusal reasons are stated but concerns arose from Community Planning Service regarding pedestrian safety. The inspector conducted a site visit and assessed impacts on the registered building/conservation area and pedestrian safety via written representations. She found the seating would enhance the street's character without harming the building or area and would leave ample 2.5m pavement space with no material highway impact, dismissing CPS concerns. Policies including IOMSP Strategic Policy 4, 10(c), Environment Policies 32 and 35, and General Policy 2 were satisfied. The inspector recommended granting both applications subject to standard conditions.
Precedent Value
Small-scale pavement café seating in busy commercial conservation areas can succeed on appeal if amended plans leave generous clear pavement width (2.5m+), gain highway approval, and use non-permanent fixings; inspector prioritises measured assessment over speculative antisocial behaviour concerns.
Inspector: Ruth MacKenzie BA(Hons) MRTPI
