Planning Officer Assessment Report

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. ## Planning History 2. The site has been the subject of previous planning applications however these have related to conversion of the building to a wine bar with office above and advertising signage. None of these are specifically relevant to this proposal. 3. However there is a concurrent application which seeks approval for the creation of an outside seating area (12/01209/C) to which this application is clearly linked. ## Planning Policy 4. In terms of land use designation the site lies within an area which is designated as Predominantly Offices by the Douglas Local Plan (Map No. 1). To the immediate east, the land designation changes to Predominantly Shopping. 5. The site is within the Athol Street/Victoria Street Conservation Area 2007 (map showing the extent of the Conservation Area appended). 6. 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: Environment Policy 35: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." Environment Policy 37: "As a general policy, advertisements within Conservation Areas will be permitted only if: i) the proposal preserves or enhances the Conservation Area; ii) the signage is in a style appropriate to the character of the area; iii) traditional materials and finishes are used and glossy and highly reflective materials are excluded from proposals; and iv) internally illuminated box fascia and projecting box signs are excluded from the proposals." Environment Policy 38: "Advertisements close to Conservation Areas must respect and preserve the character and appearance of the area to ensure that views into and out of such areas are protected." Transport Policy 6: "In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users." ## Observations 7. There have been a growing number of applications for pavement cafes in this area in recent years. The Department supports such proposals provided they do not undermine pedestrian safety and do not harm the visual amenity of the surrounding area. 8. The main issue to consider in the assessment of this application would seem to be whether the proposed barriers would adversely affect pedestrians and whether they would preserve or enhance the Conservation Area. ## Recommended Conditions Should the appointed person be minded to recommend that the application be permitted, the following conditions are suggested: C1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C2. This permission relates to the installation of demarcation barriers with signage, Artisan 28 Victoria Street, Douglas, as shown by 205, 206, ART-EX01, ART-EX04, ART-EX05 and Barrier Detail all received 31st August 2012.