18 December 2014 · Council of Ministers (following recommendations of Planning Inspector Anthony J Wharton)
Star Grill, 6, Marina Road, Douglas, Isle Of Man, IM1 2he
Ms Zeliha Aygun applied to change the use of a 3.1m deep by 5.07m long (approx 15m²) strip of pedestrianized highway outside her hot food takeaway (Star Grill Pizza) at 6 Marina Road, Douglas, to an external seating area with four stainless steel tables and chairs, enclosed by fabric advertisement barriers on 1m high r…
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The Planning Inspector assessed the main issues as the effect on the character and appearance of the Douglas Promenade Conservation Area and on traffic/pedestrian safety.
General Policy 2
Requires developments to accord with land use zoning and respect site/surroundings in siting, layout, design without adversely affecting townscape character. Officer found proposal in Predominantly Shopping zone respects busy retail street with pubs/takeaways and preserves townscape.
Environment Policy 36
Permits development outside but close to Conservation Area boundary only if no detrimental effect on important views in/out. Assessed as seating on highway (just outside CA boundary along frontages) causes no visual harm or clutter, preserving character.
Environment Policy 35
Relates to Conservation Areas (exact text not quoted but grouped with EP36). Found to preserve character/appearance despite linked shop front changes.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Relates to needs of pedestrians and road users. Confirmed 4m corridor achievable with conditions; adequate fire access via adjacent roads.
Time limit for commencement
The planning approval hereby granted consent shall commence before the expiration 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.
Hours of use and clearance
The seating area as shown in the approved plans shall not be used outside of the hours of 08.00 hrs and 22.00 hrs on any day and all tables, chairs and advertisement features shall be removed from Marina Road after 22.00 hrs on any day. Reason: In the interest of public amenity.
Detailed positioning drawing
A drawing on 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.
Approved plans
The planning approval hereby granted consent shall not be carried out except in full accordance with Drawing 2014/20 01 Rev A date-stamped 2nd October 2014.
no objection to Application A
no objection subject to conditions restricting outside seating to demarcated area and maintaining minimum unobstructed corridor of 4m (4.5m at junctions)
satisfied subject to standard requirements relating to access
no objection in principle but essential condition on use of seating area due to crime issues in locality, similar to approval at No 2 Marina Road
proposed change of use acceptable; preserves conservation character; approve subject to conditions on clearance space, hours and drawings
Manx Utilities, Douglas Borough Council, Isle of Man Constabulary, and Highway Services responded to application 14/01057/B/C with no objections, subject to specific conditions on access, usage hours, and pedestrian corridor maintenance.
Key concern: Marina Road environment has a history of being a ‘hot spot’ for incidents of disorder and anti-social behaviour
Manx Utilities
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.; 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; Contact Network Operations Department (Tel. 687687) to discuss working practices around cables and overhead lines which may be required to be diverted; Contact Manx Utilities for Electrical Site Safety 5 documents (Tel. 687766); Contact Planning Department (Tel. 687781) to discuss electricity supply; 24 hours unrestricted access to cables in the public highway
Douglas Borough Council
No ObjectionDouglas Corporation have no objection to the proposals listed below.
Isle of Man Constabulary
Conditional No ObjectionWhilst the police have no objection in principle to the application... It is therefore imperative that the creation and use of a seating area does not inadvertently create further opportunities for such behaviour.
Conditions requested: The seating area shall not be used outside the hours of 8am and 10pm on any day, and shall be removed from the public highway after 10pm
Highway Services Division
Conditional No ObjectionDo not oppose subject to the imposition of the following condition; Marina Road is pedestrianised
Conditions requested: 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
The applications sought planning approval for change of use of highway land to an external seating area with shop front replacement, and advertisement consent for signage on fabric barriers, in the Douglas Promenade Conservation Area. There were no refusal reasons as the applications were not refused; instead, due to Department of Infrastructure's vested interest, they were determined by the Council of Ministers via inspector's report. The inspector assessed impacts on conservation area character and pedestrian safety, finding the proposals acceptable with conditions addressing hours of use, precise positioning, and highway clearance. Department of Infrastructure (Planning) supported approval subject to conditions, as did Douglas Borough Council, Highways Service, and Manx Utilities with caveats met by conditions. The inspector concluded the proposals accord with relevant policies and recommended granting both approvals with specified conditions.
Precedent Value
Demonstrates approval for temporary outdoor seating on pedestrianized highway in conservation area fringes when highway safety and amenity conditions are accepted, following local precedents. Future applicants should provide detailed drawings, agree to strict conditions, and highlight compatibility with surroundings.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI
