DEC Officers Report 2

CABINET OFFICE Government Office Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected] CHIEF SECRETARY Will Greenhow ACMA 17th June 2014 Our Reference: L12-13/DF14/0022 Planning Committee Department Of Infrastructure Planning And Building Control Division Murray House Mount Havelock Douglas Dear Sir/Madam, ### TOWN AND COUNTRY PLANNING (DEVELOPMENT PROCEDURE) (No2) ORDER 2013 PA Ref: 14/00528/B Applicant: La Piazza Limited Proposal: Creation of an outside seating area Address: Land In Front Of La Piazza Restaurant Peveril Buildings Loch Promenade Douglas Isle Of Man Thank you for your letter concerning the above captioned application which will be passed to the Inspector appointed to consider the matter. If you have anything further that you wish to add to your previous submission I should be grateful if you send it to me by 5 p.m. on 1st July 2014. A copy of your statement will be made available to the other parties involved in this application and, therefore, it would be appreciated if you could supply 6 COLLATED SETS of your submission of case. This matter is scheduled to be dealt with by way of written submissions only without appearing before the Inspector at an inquiry. Please advise me in writing if you are in agreement for this procedure to be followed, but if no reply is received by the date stated above it will be considered as agreement with this procedure. Yours faithfully, A Johnstone Planning Appeals Administrator On behalf of the Chief Secretary ## Written Statement Of The Planning Authority ### Reference: Application 14/00528/B Application 14/00529/D Site - Land in front of La Piazza Restaurant, Peveril Buildings, Loch Promenade, Douglas Proposal - Creation of outside seating area with associated signage on outside seating area barriers Applicant - La Piazza Limited ## Introduction 1. Applications for planning approval and Advertisement Consent have been made to create an outside seating area with associated signage on land in front of La Piazza Restaurant, Peveril Buildings, Loch Promenade, Douglas. The land is on the pavement, which forms part of the public highway and is controlled by the Department of Infrastructure. Since the Planning Authority sits within the Department of Infrastructure, it is unable to determine the application itself. It is important that there is no perception of bias in the decision making process and so the application will be decided by the Council of Ministers instead. 2. This written statement has been prepared on behalf of Planning and Building Control, the Department of Infrastructure, to assist the Inspector make a recommendation to the Council of Ministers on what decision it should take on the applications. The statement includes the following information: - A description of the application site and proposals; - Summary of any relevant planning history; - List of the policies that the Planning Authority believes is relevant to the application; - Summary of representations received by the Planning Authority; - An assessment of the main issues relevant to the determination of the applications, as offered by the planning officer; and - A list of suggested conditions if the applications are approved. ### Description of the Application Site 3. The application site forms part of a wide area of pavement in front of La Piazza Restaurant and Pizza Hut, Peveril Buildings, Loch Promenade, Douglas. La Piazza is situated at first floor above Pizza Hut with the site located at the front. The site is located at the southern end of the Promenade and is a prominent location next to the main thoroughfare. The pavement has recently been widened as part of the Phase 1 highway improvement works to the Promenade. 4. The site is situated within the Douglas Promenades Conservation Area. A plan showing the extent of the Conservation Area is attached. ### Description of the Proposal 5. There are two applications: - Application 14/0528/B seeks planning approval for the creation of an outdoor seating area. - Application 14/00529/D seeks Advertisement Consent for signage to be located on the associated barriers for the outside seating area. ## Summary of Relevant Planning History 6. The site has the following relevant history: 14/00369/B - the Council of Ministers is due to consider an application for planning approval for the creation of an outdoor seating area at the same site, referred to as land at Pizza Hut, 1, 3 \& 5 Walpole Avenue, Douglas. 14/00370/D - the Council of Ministers is due to consider an associated application for Advertisement Consent for the associated signage on the outside seating area barriers at the same site. 13/01352/D - application pending, which seeks Advertisement Consent for illuminated and non illuminated signage. 12/01327/B - planning approval granted in 2012 for Douglas Promenade improvements Phase 1. 09/01317/B - planning approval granted in 2009 for variation of condition 2 of PA 00/01498/C regarding opening hours. 09/01313/C - planning approval granted in 2009 for change of use from restaurant / cafe to a mixed use comprising restaurant / cafe and takeaway. 01/01802/B - planning approval granted in 2002 for conversion of part 2nd floor to extend 1st floor restaurant. 00/01498/C - planning approval granted in 2000 for change of use for the preparation and serving of hot food. ### Summary of Relevant Planning Policy 7. The area is recognised as predominantly offices by the Douglas Local Plan 1998. 14/00528/B - application for planning approval 8. The following planning policies in the Isle of Man Strategic Plan 2007 are considered relevant to the planning application: General Policy 1: 'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.' General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant: '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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (I) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption.' Environmental 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.' 9. Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment" is relevant. It places emphasis on the need to consider the impact of development proposals upon the special character of the Conservation Area. 14/00529/D - application for Advertisement Consent 10. The following planning policies in the Isle of Man Strategic Plan 2007 are considered relevant to the application for Advertisement Consent: General Policy 6 states: 'Within our towns and villages, the display of external advertisements will be permitted on the site or building to which they relate provided they: (a) are of a high standard of design and materials and relate well to the building and site on which they are to be displayed; (b) are in keeping with and do not detract from the surrounding area; and (c) are located so as not to cause a highway safety hazard.' Environment Policy 37 states: '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.' Summary of Consultation Responses 11. The Planning Authority has received a number of representations, the comments in which have been summarised below. A copy of the original representations is provided with this statement. Highway Service - comments as follows: - A 3.5 metre wide unobstructed area must be maintained for pedestrian passage; - The seating must be contained within an approved barrier including a tapper rail for those with impaired visibility; - The pavement café area must be observable from inside the premises to ensure staff can supervise the area as if it were inside the premises; and - The applicant should contact the Network Operations Section of the Department of Infrastructure prior to carrying out any works within the highway, including the installation of dropped kerbs. Manx Utility Authority - advisory note PH Isle of Man Limited - objection: - La Piazza (or associates of the same) do not own the premises where PH Isle of Man Limited (Pizza Hut) are situated but the area in the application is directly located in front of our premises and business and therefore restricts and limits our business whilst confusing the public at large; - Pavement Café guidelines as per Douglas Development Partnership confirm that the area must be observable from inside the premises to ensure staff supervise the area as if it were in the premises. The applicant is on the upper floor and cannot do this; - Pavement Café guidelines confirm the area must be suitable for disabled/wheelchair bound patrons and the need for these patrons must be met. We ask how the applicant would do this with no ground floor toilet facilities for La Piazza and with the adjacent bar facilities not open at the same time as the restaurant; - The applicant has no ground floor toilet or wash facilities available to any patrons using the proposed restaurant area on the ground floor; - The applicant has provided no indication of what would happen to any refuse built up in the area; - Queries whether the applicant has a license for the existing upper floor outside drinking and smoking area; - There are no details of late night use and how patrons will be dealt with next to a smoking area outside the current bar situated next door; and - There is no evidence for an alcohol license for the proposed area and questions whether patrons will be aware of this and how this will be policed should patrons from the upstairs restaurant enter the proposed area. Consideration of the Main Issues The effect of the proposal on the character and appearance of the Conservation Area 12. The site is located in an area of takeaways, restaurants and other food establishments. It is considered that the use of part of the pavement as a seating area for diners would be in keeping with the character of this commercial area. The proposed associated signage is part and parcel of the use of the area for outdoor seating and in visual terms would be acceptable. It is considered that the character and appearance of the Conservation Area would be preserved. The effect of the proposal on the amenities of the area The area has a mixture of commercial uses. Subject to the control on hours recommended by the Isle of Man Constabulary in relation to recent application 14/00369/B for the same use on the same site (recommended hours of operation of 11am to 10pm on any day, with the seating removed after 10pm), it is considered unlikely that the proposal would be harmful to the amenities of the area. Access and public safety 13. The Highway Service has requested that a 3.5 metre wide area of pavement is retained - this corresponds with the layout of the seating area shown on the submitted plans at 3.483 metres. Provided that the seating area is limited to this area there will be sufficient space for pedestrians to safely and easily pass along this stretch of the public footway. This can be controlled by means of a condition. The Highways Service has not raised any concerns about the proposed signage and it is considered that this aspect of the proposal would also not comprise highway safety. 14. The Highway Service has asked for an approved barrier to be used - it is considered that this is a matter of detail to be more appropriately dealt with by way of an agreement between the Department of Infrastructure as landowner and the applicant, rather than being a planning issue. Furthermore, the Highways Service's recommendation that the pavement café area must be observable from inside the premises to ensure staff can supervise the area as if it were inside the premises is not considered to be pertinent in terms of the acceptability of the scheme from a highway safety point of view. Again, this issue is more about the management of the outside seating area. ## Economic considerations 15. The proposal will add to the vitality and viability of the town centre, and help to make it a more attractive location for visitors. In this regard, the proposal will have a positive economic impact which supports the case for approval. Other issues raised during the consultation process 16. The issues raised by PH Isle of Man Limited are considered more relevant to any licensing of the outdoor seating area and matters outside the remit of the planning system. In land use planning terms, the proposed use is considered to be acceptable. ## List of Suggested Conditions 17. The following conditions are suggested without prejudice if the applications are approved. Planning application 14/00528/B: C1 - The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C2 - The seating area shall be limited to the area shown on Drawing Number HLK/14/0118 1 received on 30 April 2014. Reason: To ensure an adequate pavement area of 3.5 metres so as to facilitate the smooth and safe flow of pedestrians. C3 - No customers shall be served or remain in the seating area outside the hours of 0900 to 2200 . The seating, tables, barriers and any other articles required for the seating area shall be removed outside those same hours. Reason: To prevent noise and disturbance during anti-social hours, in the interests of the amenities of the area. Advertisement application 14/00529/D C1 - The advertisement(s) hereby granted consent shall be begun before the expiration of four years from the date of this notice. Reason: To avoid the accumulation of unimplemented advertisement consents. C2 - The seating area shall be limited to the area shown on Drawing Number HLK/14/0118 1 received on 30 April 2014. Reason: To ensure an adequate pavement area of 3.5 metres so as to facilitate the smooth and safe flow of pedestrians. ## Conservation Area Boundary THE DOUGLAS PROMENADES CONSERVATION AREA Map referred to in the Douglas Promenades Conservation Area Order 2002 {{image:249228}} ## Copy of Representations {{table:439107}} ## manxutilities {{table:439108}} bun shirveishyn vannin PO Box 177 • Douglas • Isle of Man • IM99 1PS • British Isles Tel + 44 (1624) 687729 • Fax + 44 (1624) 687612 • e-mail [email protected] ### Planning Applications 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. Date 16/05/2014 ## Standard Reply Notes for Planning Applications: ### Notes 1. There are underground cables/overhead lines present in the area indicated in you planning application. Please contact our Network Operations Department, Manx Utilities (Tel. 687687) to discuss working practices around cables and overhead lines which may be required to be diverted before any work can be carried out on site. Contact the Manx Utilities 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. 2. Contact the Manx Utilities, Planning Department (Tel. 687781), to discuss the electricity supply for this application. 3. If the applicant requires to connect any private generation to the Manx Utilities electricity supply they must make an application to the Manx Utilities as soon as possible. The implications due to the location of any such installations need early consideration and they must conform to the appropriate standards as set down for embedded generation. Contact the Manx Utilities Planning Department (Tel. 687781). ### * Special Note Please note Manx Utilities requires 24 hours unrestricted access to the cables in the public highway and Manx Utilities will not be liable for any loss of income caused to the applicant as a result of its statutory works. ## Ph Isle Of Man Limited PO BOX 372 ISLE OF MAN IM99 3HG Tel 01624 619022 Mob 07624 481254 Fax 01624 615583 Planning Authority Murray House Mount Havelock Douglas Isle of Man 19th May 2014 Planning No 14/00528/B 'La Piazza' Outside Seating area Ref Objection to the above Application 14/00528/B We refer to the recent planning application, number as above, made by La Piazza and wish to raise the objections / concerns as follows; - La Piazza (or associates of same) do not own the premises where PH Isle of Man Limited (Pizza Hut) are situated but the area in the application above is directly located in front of our premises and business and therefore restricts and limits our business whilst confusing the public at large. - Pavement Café guidelines as per Douglas Development Partnership confirm that the area must be observable from inside the premises to ensure staff supervise the area as if it were inside the premises. The applicant simply cannot provide this being on an upper floor and there main service area to there business not overlooking the proposed area. - Pavement Café guidelines as per Douglas Development Partnership confirm the area must be suitable for disabled/wheelchair bound patrons and the needs for these patrons must be met. We would ask how the applicant will do this with no ground floor toilet and wash facilities for 'La Piazza' and with his adjacent ground floor bar facilities not open at the same times as there restaurant. - The applicant has no ground floor toilet or wash facilities available to any patrons using the proposed restaurant area on the ground floor. - The applicant has provided no indication of what would happen to any refuse built up in the proposed area which obviously will occur when in use by any business. - The applicant currently uses an outside area on the upper level of his premises for his patrons to drink and smoke on, we are unsure as to whether his licence permits this but he has the availability to use this area. - The applicant has not provided any detail with respect to late night use and how restaurant patrons will be dealt with next to a smoking area outside the current bar situated next door. - We have seen no evidence to apply for an alcohol licence for the proposed area and therefore question whether patrons will be aware of this and how this will be policed should patrons from the upstairs restaurant enter the proposed area. Director PH Isle of Man Limited Registered in the Isle of Man Directors P Mellor J Lowe