Planning Division Statement

Statement Submitted On Behalf Of Planning And Building Control Division (Department Of Infrastructure)

PA12/00328/B

Creation of café outside seating area and installation of awning, 40 Duke Street, Douglas

Statement prepared by Steven Stanley, BA (Hons), MA (Hons) TRP, MRTPI

Statement on behalf of the Planning and Building Control Division (Department of Infrastructure) in respect of:

PA12/00328/B – Creation of café outside seating area and installation of awning, 40 Duke Street, Douglas

Introduction

1. In accordance with the provisions of 10.(1)(b) of the Town and Country Planning (Development Procedure) Order 2005 any planning application that proposes development involving land that the Department of Infrastructure could be said to have a vested interest in cannot be determined by the Planning and Building Control Division. In these instances the relevant legislation requires the planning application to be referred to and determined by the Council of Ministers. Such planning applications are dealt with by an appointed person (Planning Inspector) who is charged with assessing the proposed development and reporting their recommendations to the Council of Ministers.

1. Given the above, this statement is intended to set out the background of the planning application and identify what are considered to be relevant planning policy considerations. In order to avoid any perception of bias the statement purposely makes no assessment of the proposed development and offers no recommendation. The author of this statement intends to attend the inquiry to assist the appointed person where possible.

The Application Site

1. The site is formed by the curtilage of 40 Duke Street, Douglas and part of the pavement immediate adjoining the property.

1. The surrounding area is characterised by a predominantly Victorian streetscene interspersed with more modern buildings. The area has a mixture of land uses including a number of cafes and shops.

1. The ground floor of the building is used as a café.

The Proposal

1. The proposal seeks planning permission to form an outside seating area on part of the pavement running along Duke Street. The area identified by the plans measures approximately 1.5 metres (projection from wall of building towards Duke Street) by 5.5 metres (width along the front of the building). This would result in a width of pavement of just over 5 metres being retained.

1. The application includes information on the type of chairs, tables and barriers that would be used to form the outside seating area.

1. The application also includes the erection of an awning along the front of the building. This would be 5.5 metres on width and would project 3.1 metres from the front wall of the building. The lowest part of the awning when in its open position would be 2.5 metres.

Planning History

1. The site has been the subject of previous planning applications, of which the following are judged to be relevant:

11/01592/B – Erection of awning. Permitted.

Planning Policy

1. In terms of land use designation the site lies within an area which was designated as Predominantly Shopping by the Isle of Man Planning Scheme (Douglas Local Plan) Order Map No. 1 (Central Area).

1. The site is within The Douglas Athol Street/Victoria Street Conservation Area 2007 (a map showing the extent of this Conservation Area is attached as an appendix to this report).

1. In terms of strategic plan policy, the following are contained within the Isle of Man Strategic Plan - Towards a Sustainable Island June 2007 and are judged to be relevant to this application:

1. Strategic Aim: "To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage."

1. Strategic Policy 4: "Proposals for development must:

a) protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within national Heritage Areas and sites of archaeological interest. b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and c) not cause or lead to unacceptable environmental pollution or disturbance."

1. Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to:

a) minimise journeys, especially by private car; b) make best use of public transport; c) not adversely affect highway safety for all users, and d) encourage pedestrian movement."

1. General Policy 2 states: "Development which is in accordance with the land use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: