24 December 2012 · Council of Ministers
Artisan, 28, Victoria Street, Douglas, Isle Of Man, IM1 2le
The proposal involves an outside seating area on the 3.6m wide pavement in front of the Artisan wine bar, featuring one table and two chairs on either side of the entrance doors, extending 1.2m into the pavement and retaining 2.4m for pedestrians.
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The inspector identified two main issues: impact on the Athol Street/Victoria Street Conservation Area and pedestrian safety.
Environment Policy 35
Requires preservation of conservation area character and appearance. Inspector assessed modest scale, restrained advertising matching existing signage, and similarity to approved nearby schemes as preserving character while adding vitality.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Requires no detriment to pedestrian safety. Assessed against 2m minimum footway; drawings show 2.4m retained, tables smaller than Highways assumed, servicing possible within barriers without spillage.
Environment Policy 37
Applies to barrier signage. Found restrained, matching existing signage, preserving conservation area in linked advertisement consent.
Time limit
The development hereby approved shall commence before the expiry of four years from the date of this decision.
Approved drawings
This approval relates to the creation of an outside seating area as shown on drawing Nos 205, 206, ART-EX01, ART-EX02, ART-EX03, ART-EX04 and ART-EX05 all received on 31 August 2012.
Precise dimensions plan
Prior to any works commencing a drawing to the scale of 1:20 indicating the precise dimensions of the outside seating area and advertisement stands and banners shall be submitted to and approved in writing by the planning authority. The outdoor seating area, advertisement signs and banners shall be retained within the space and to the dimensions shown on the approved drawing.
Ergonomics carefully considered; staff can service from within delineated area without venturing out; no detriment to pedestrians; customers enter/exit via building.
Manx Electricity Authority (MEA) expresses interest and requests a condition for the applicant to contact them due to nearby cables; Highways Division recommends refusal due to insufficient footpath space for the proposed outside seating area.
Key concern: proposed seating area cannot be accommodated within the footpath space due to insufficient width
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.; *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.
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, (Tel. 687766), before any work is carried out on site; All work to be carried out with reference to Health and Safety Executive Guidance Notes HS(G)47 & GS6
Highways Division
ObjectionRecommend Refusal; The width of the footpath measures 3.6 metres, an unobstructed pedestrian footpath of 2 metres is required. The useable space of an outside seating area is 1.6 metres.; Total space required 1.925 metres.; Highways feel that the proposed seating area cannot be accommodated within the proposed space.
Various applications for outside seating areas at premises including Macbeths (21-23 Victoria Street), Artisan (28 Victoria Street), Coffee Republic (26 Victoria Street), and others were assessed by inspectors via public inquiry, written representations, or site visits. Key concerns centered on pedestrian safety due to narrowed footways and potential spillage of activities, alongside conservation area impacts and behavioural issues raised by objectors like Travail Employment Group at 19 Victoria Street. Inspectors consistently found proposals acceptable where unobstructed footway widths of at least 2m were retained, citing precedents like the Victoria Tavern approval, updated traffic data, and guidelines from the Douglas Development Partnership. Behavioural complaints were dismissed as licensing rather than planning matters. All inspectors recommended approval with conditions for trial periods, precise dimensions, barriers, and layouts to mitigate risks.
Precedent Value
Establishes 2m minimum footway as key threshold for pavement cafes on Victoria Street; temporary approvals with detailed conditions common to allow monitoring; behavioural complaints ineffective unless planning-linked.
Inspector: Stephen Amos MA(Cantab) MCD MRTPI; Anthony J Wharton BArch RIBA RIAS MRTPI; Ruth MacKenzie BA(Hons) MRTPI; David G Hollis
