26 June 2014 · Council of Ministers
Pizza Hut, 1-5, Walpole Avenue, Douglas, Isle Of Man, IM1 2lt
The proposal involved 1m high fabric advertisements displaying the Pizza Hut trademark and 'Pizza Hut Delivery' on 1.05m high removable stainless steel posts surrounding 9 tables and 28 chairs on the pavement outside Pizza Hut.
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The Inspector identified main issues as the effect on conservation area character/appearance and pedestrian safety/access.
General Policy 1
Requires developments to respect sites/surroundings. Inspector found pavement cafe respects layout/scale/form, safe amenity standards for Promenade users, no adverse townscape impact.
General Policy 2
Sets criteria for amenity/highway safety/environment. Satisfied criteria (b), (g), (h), (f) re no harm to character, amenity, highways; adds vitality without residential impact.
Environment Policy 35
Protects Conservation Area character/appearance. Removable setup and cafe use preserve character in commercial area; similar approvals nearby.
General Policy 6
Advertisements acceptable in amenity/highway safety terms. Signage discreet/small-scale, removable, highway-safe with clear width.
Environment Policy 37
Advertisements preserve/enhance Conservation Areas. Fabric signage on barriers non-obtrusive, preserves appearance.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
Protects Conservation Area character (Planning Policy Statement 1/01). Cafe/signage preserve character; no adverse townscape effect.
Time limit
The advertisement(s) hereby granted consent shall commence before the expiry of four years from the date of this decision.
Area limitation
The seating/tabling and area for the advertisement barriers shall be limited to the area shown on Drawing Number 2014/09 02 received on 26 March 2014.
No objection provided 3.5m unobstructed width maintained and seating contained within approved barrier
No objection but recommends controls on hours of operation
All matters satisfactorily dealt with; patrons have access to two WC units under applicant control
Character/appearance of Conservation Area preserved; in keeping with commercial area; adds vitality/economic impact; no harm to amenities/pedestrians/parking/litter subject to conditions
Highways, Police, Manx Utilities, DEFA Food Safety, and Douglas Borough Council provided consultation responses with no objections but several requesting specific conditions related to highways, licensing hours, utilities, and toilet facilities; a private objection from FG Scott was noted but is not a statutory consultee.
Key concern: toilets required for café use due to outside seating
Manx Utilities
Conditional No ObjectionThere are underground cables/overhead lines present in the area indicated in you planning application.; 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; contact Network Operations Department (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; Manx Utilities requires 24 hours unrestricted access to the cables in the public highway
Isle of Man Constabulary
Conditional No ObjectionWhilst the police have no objection to the proposed seating area in principle; It is imperative therefore that the method of operation of the area is such that it does not inadvertently increase demands upon finite policing resources.
Conditions requested: The seating area shall not be used outside the hours of 11am and 10pm on any day, and shall be removed from the public highway after 10pm
Department of Infrastructure Highways Division
Conditional No ObjectionDo not oppose subject to the imposition of the following conditions
Conditions requested: A 3.5 metre wide unobstructed area must be maintained for pedestrian passage; The seating area must be contained within an approved barrier (including a tapper rail for those with impaired visibility); The applicant shall 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. Telephone 686665
DEFA Food Safety Unit
Conditional No ObjectionBased on the number of seats (28), shown on the proposed plan I would require that two toilets and associated hand washing facilities are provided.
Conditions requested: two toilets and associated hand washing facilities are provided; toilets must be provided with a ventilated lobby space, eliminating any direct access between the toilet and any food room
Douglas Borough Council
No ObjectionDouglas Corporation have no objection to the proposals
