26 June 2014 · Council of Ministers
Pizza Hut, 1-5, Walpole Avenue, Douglas, Isle Of Man, IM1 2lt
The proposal involves setting up a temporary outdoor seating area on the public pavement adjacent to Pizza Hut in a prominent location at the southern end of Douglas Promenade, within the Douglas Promenades Conservation Area.
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The Planning Inspector identified the main issues as the effect on the character and appearance of the Douglas Promenades Conservation Area and pedestrian safety/access to buildings.
General Policy 1
GP1 requires developments to respect site and surroundings in layout, scale and form. The Inspector assessed the pavement cafe proposal as respecting the site, not adversely affecting townscape character, residential amenity, or Promenade users, thus according with GP1.
General Policy 2
GP2 sets criteria for good design including (b) respect for surroundings, (c) vitality, (g) amenity standards, (h) highway safety, (f) townscape character. The proposals were found to accord particularly with these criteria by preserving conservation area character, ensuring safe pedestrian access, and adding street scene interest.
Environment Policy 35
EP35 seeks to protect the character or appearance of Conservation Areas. The Inspector concluded the proposal preserves the character through discreet layout and moveable elements in this commercial area.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
CA/2 of Planning Policy Statement 1/01 protects Conservation Area appearance. Assessed as compliant as pavement cafe usage and signage preserve the area's character.
Time limit
The development hereby approved shall commence before the expiration of four years from the date of this decision.
Approved plans
The seating and tabling area shall be limited to the area shown on Drawing Number 2014/09 02 received on 26 March 2014.
Hours of operation and removal
No customers shall be served or remain in the seating area/tabling area outside the hours of 09:00 and 22:00 hrs on any day. The seating, tables, barriers and any other articles required for the operation of the outdoor seating area shall be removed outside of these same hours.
No objection provided 3.5m unobstructed area maintained and seating contained within approved barrier
No objection but recommends controls on hours of operation
Initial concerns resolved; toilets satisfactory and under direct control of Pizza Hut staff
Character of conservation area preserved; adds to vitality and viability of town centre; no harm to amenities or pedestrian safety subject to conditions
Manx Utilities, Highways Division, and Isle of Man Constabulary have no objection in principle to the creation of an outside seating area at Pizza Hut but request specific conditions related to utilities access, pedestrian safety, and operating hours to mitigate risks; a private …
Key concern: risk of disorder and anti-social behaviour due to proximity to late night venue Bordello’s
Manx Utilities
Conditional No ObjectionPlease 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: the applicant must contact the Authority
Isle of Man Constabulary
Conditional No ObjectionWhilst the police have no objection to the proposed seating area in principle
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
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
