18 December 2014 · Council of Ministers
Star Grill, 6, Marina Road, Douglas, Isle Of Man, IM1 2he
The proposal involved installing advertising signage on fabric barriers supported by 1m high stainless steel removable posts to enclose a 15m² outside seating area (3.1m deep by 5.07m long) on the pedestrianized part of Marina Road in front of a hot food takeaway shop.
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The Planning Inspector assessed the signage on fabric barriers with stainless steel posts as commonplace in the area, with a similar example at No 2 Marina Road, using appropriate traditional material…
General Policy 6
GP6 allows advertisements in towns if high standard design relates well to the building, is in keeping with surroundings without detracting, and avoids highway hazards. The Inspector found the fabric signage on posts meets this as it is commonplace, uses appropriate materials, and maintains pedestrian safety with conditions.
Environment Policy 37
EP37 permits advertisements in conservation areas if they preserve or enhance the area, use appropriate style and traditional materials, excluding glossy/reflective or illuminated box signs. Though signage is outside the boundary, it was assessed as linked and compliant due to traditional materials preserving character, with Department confirming accordance.
General Policy 2
GP2 permits development respecting site/surroundings in siting, design without adversely affecting townscape. Applied to linked planning app but supports advertisement via overall acceptability in shopping area.
Environment Policy 36
EP36 requires no detrimental effect on views into/out of conservation areas from nearby sites. Site backs conservation boundary; proposal preserves character with no adverse visual impact noted.
Time limit
The advertisement installation hereby approved shall commence before the expiry of four years from the date of this decision. Reason: To comply with Article 14 of the Town and Country Planning (Development Procedure) (no 2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Approved drawings only
This consent relates to the installation of demarcation barriers with signage only as shown on the approved drawings.
Restricted hours
The advertisement features shall not be placed on the pedestrian part of Marina Road outside of the hours of 08.00 hrs and 22.00 hrs on any day. Reason: In the interest of public amenity.
Seating area details
A drawing to the scale of 1:20 indicating the precise dimensions and positioning of the outside seating area shall be submitted to and approved in writing by the Department of Infrastructure (Planning). The seating, tabling, advertisement stands, signs and banners shall thereafter not be positioned otherwise. Reason: In the interest of protecting highway safety.
Accordance with drawing
The advertisement installation hereby approved shall not be carried out except in full accordance with Drawing 2014/20 01 date-stamped 5th September 2014.
The proposal does not conflict with any relevant policy and express consent for the display of the advertisement should be approved.
no objection
no objections subject to conditions restricting outside seating to demarcated area with minimum 4m unobstructed corridor
satisfied subject to standard requirements relating to access
no objection in principle, recommends condition on seating hours similar to No 2 Marina Road
Manx Utilities, Highways Services, and Douglas Borough Council all responded with no objections to application 14/01058/D, with Highways requesting specific conditions related to pedestrian and fire access.
Manx Utilities
Conditional No ObjectionSpecial 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.
Conditions requested: applicant must contact the Authority
Highways Services Division
Conditional No ObjectionDo not oppose subject to the imposition of the following condition
Conditions requested: Marina Road is pedestrianised, therefore a minimum unobstructed corridor of 4 metres must be kept clear. At corners/junctions this width will need to be increased in order to allow for the turning of fire appliances (4.5 minimum).; The outside seating area must be completely contained within the demarcated area by an approved barrier
Douglas Borough Council
No ObjectionDouglas Corporation have no objection to the proposals
The original applications (14/01057/C for planning approval of outside seating and shop front replacement, and 14/01058/D for advertisement consent) were determined by the Council of Ministers due to Department of Infrastructure interest. The site is in the Douglas Promenade Conservation Area (building) and Predominantly Shopping zoning. The Department of Infrastructure (Planning) recommended approval for both, addressing character, highways safety, and police concerns via conditions. The inspector assessed impacts on conservation area character and pedestrian safety, finding the modest proposals preserve the area, add vitality, and comply with conditions ensuring 4m clearance. Both applications were recommended for approval with conditions on hours, precise drawings, and positioning.
Precedent Value
Demonstrates that temporary highway uses for seating with advertisements can succeed in conservation areas if modest, conditioned for safety/amenity, and following local precedents. Future applicants should prioritise precise drawings, accept hours limits, and reference comparable approvals.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
