24 December 2012 · Council of Ministers (accepted Inspector Anthony J Wharton's recommendation)
Artisan, 28, Victoria Street, Douglas, Isle Of Man, IM1 2le
The proposal involved installing two stainless steel barriers (1.6m long, 1m high) with canvas banners displaying the 'Artisan' logo to demarcate a modest outdoor seating area (two tables, four chairs) on the 3.6m wide pavement outside the wine bar in the Athol Street/Victoria Street Conservation Area.
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The Inspector identified main issues as effect on Athol/Victoria Street Conservation Area character and pedestrian safety.
Environment Policy 35
Requires development to preserve/enhance conservation area character. Assessed as compliant due to modest scale, restrained matching signage preserving appearance and adding vitality.
Environment Policy 37
Permits ads only if preserving/enhancing area, appropriate style, traditional materials, no glossy/illuminated boxes. Canvas 'Artisan' banners on steel barriers deemed restrained and matching existing signage.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Gives equal weight to pedestrians. Overcame Highways objection by confirming >2m (actually 2.4m) retained width via drawing measurements and site inspection.
Time limit
The advertisement installation hereby approved shall commence before the expiry of four years from the date of this decision.
Approved drawings
This consent relates to the installation of demarcation barriers with signage as shown on drawing Nos 205, 206, ART-EX01, ART-EX04, ART EX-05 and "Brandline Barrier System" drawing all received on 31 August 2012.
Precise dimensions approval
Prior to the advertisement barriers being installed a drawing to the scale of 1:20 indicating the precise dimensions and positioning of the barrier advertisement stands and banners shall be submitted to and approved in writing by the Planning Authority. The advertisement stands, signs and barriers shall thereafter not be positioned any closer to the highway than the dimensions shown on the approved drawing.
Supports pavement cafes provided no harm to pedestrian safety or visual amenity; notes 2.4m retained width but flags Highways manoeuvre concerns
Ergonomics considered; servicing from within delineated area without affecting pedestrians; entry/exit via building
Manx Electricity Authority (MEA) expresses interest and requests a condition for the applicant to contact them due to nearby cables/overhead lines; Highways Division recommends refusal due to insufficient footpath space for the proposed barriers and implied seating area.
Key concern: proposed seating area cannot be accommodated within the footpath space, requiring 1.925m in 1.6m available
Manx Electricity Authority
Conditional No ObjectionThere are Underground Cables/Overhead Lines present in the area indicated in you Planning Application; 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; 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 our Network Operations Department, Manx Electricity Authority, (Tel. 687687) to discuss working practices around Cables and Overhead Lines; Contact the M.E.A. for Electrical Site Safety 5 documents, (Tel. 687766), before any work is carried out on site; MEA requires 24 hours unrestricted access to the cables in the Public Highway
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.
The original applications for an outside seating area (12/01209/C) and advertisement consent for demarcation barriers with signage (12/01210/D) were linked and determined by the Council of Ministers due to Department of Infrastructure interest. The Planning Authority and Highways Division raised concerns over pedestrian safety and insufficient space for servicing the seating area on the 3.6m wide pavement. The appellant argued the ergonomics were suitable and servicing could occur without impacting pedestrians. The inspector found the proposal preserved the conservation area's character, provided over 2.4m retained pavement width exceeding the 2m minimum, and allowed efficient operation without safety detriment, according with IOMSP policies EP35, EP37, and TP6. Both applications were approved subject to conditions including precise dimension drawings.
Precedent Value
Demonstrates that precise scaled drawings and operational assurances can overcome Highways objections on pavement cafes in conservation areas if minimum widths exceeded. Future applicants should submit 1:20/1:50 details and emphasise internal servicing.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
