APP Appeal Info

Chief Secretary'S Office

Date of Issue: 18th September 2013	Dr. Alow.
Chief Secretary’s Office	Mr W Greenhow ACMA
Government Offices	Chief Secretary
Bucks Road
Douglas

Oik yn Ard-Scrudeyr

Our Ref: DF13/0016 Planning Application Ref.No: 13/00565/D

The Town And Country Planning Act 1999

Town And Country Planning Development

(Procedure Order) 2005

Planning Secretary Department of Infrastructure Planning and Building Control Division Murray House Mount Havelock Douglas

RECEIVED ON 17 SEP 2013 DEPARTMENT OF INFRASTRUCTURE

In accordance with Article 10(2)(e) of the above Order, the person appointed by the Council of Ministers to consider this application has submitted his report. In further accordance with Article 10(3)(a) a copy of the appointed persons report is herewith enclosed.

On the 12th September 2013, and after consultation, the Council of Ministers accepted the recommendation contained within that report and the application was approved subject to the conditions specified below.

Applicant:	Coffee Republic Ltd
Proposal:	Erection of pavement barriers for outside seating area, 26 Victoria Street Douglas Isle Of Man IM1 2LE

Conditions Of Approval:

1. This approval for the erection of advertising pavement barriers for an outside seating area relates to Drawing No 05B and 06A both date stamped 9th May 2013.

1. A minimum unobstructed width between the front edge of the pavement café area and the face of the kerb shall be 2.5 metres.

Application by Coffee Republic Ltd for the erection of pavement barriers for outside seating area, 26 Victoria Street, Douglas IM1 2LE.

Site visit Tuesday 23 July 2013

Preamble

1. The application was referred to the Council of Ministers in accordance with Section 10(1)(b) of The Town and Country Planning (Development Procedure) Order 2005 because the site is public highway under the control of the Highway Authority which is part of the Department of Infrastructure.

Site and Development

1. The Coffee Republic premises front the north side of Victoria Street with a pair of entrance doors and a row of full height concertina folding windows, so that much of the frontage can be open to the pavement, as it was at the time of my unaccompanied visit. A single row of 4 tables stood in front of the building, enclosed by stainless steel barriers with fabric advertisements bearing the company's name. The application seeks what is evidently retrospective approval for these barriers. The enclosed area was about 1.0 m deep, leaving about 2.5 m of pavement, attractively refurbished in small block paving with a taxi parking bay adjacent and the vehicular running lane beyond. No 26 is an ornate Victorian Registered Building (No 225) on 4 storeys including the roof space, forming part of a terrace of generally more recent premises. It stands within the Athol Street/Victoria Street Conservation Area.

1. Relevant planning history advised by the Planning Officer:

• 26 Victoria Street: PA 12/00441/GB and 12/00442/CON gave planning and registered building approval for the creation of outside seating area.
• PA 12/00068/D and 12/00069/CON gave planning and registered building approval for illuminated signage.
• PA 12/00070/GB and 12/00071/CON gave planning and registered building approval for conversion of office/retail to a café including installation of a new shop front.
• 28 Victoria Street: PA 12/01210/D approved demarcation barriers and signage.
• 21-23 Victoria Street: PA 12/00260/C approved the creation of an outside seating area.
• 17 Victoria Street: PA 09/00675/C refused change of use of pavement space to outside seating area for reasons relating to highway obstruction.

1. Relevant policy framework advised by the Planning Officer:

The area is designated as predominantly shopping by the Douglas Local Plan 1998.

Strategic Plan Strategic Policy 4 amongst other requirements requires that the proposal protects and enhances the Registered Building and Conservation Area. General Policy 2 is favourable to the principle of developments, as here, according with their land-use zoning subject to listed safeguards. Environment Policy 32 precludes extensions or alterations to a Registered Building detrimental to its character as a building of special architectural or historic interest. Environment Policy 34 prefers the use of traditional materials for works on pre-1920 buildings. Environment Policy 35 requires development within Conservation Areas to preserve or enhance the Area's character or appearance and to protect its special features.

Planning Policy Statement 1/01 Policy and Guidance Notes for Conservation of the Historic Environment of the Isle of Man, includes Policy RB/3, setting out general criteria for Registered Building applications, and RB/5 regarding alterations and extensions affecting a Registered Building or its setting.

Representations

1. The Planning Officer: consideration should be given to the impacts on the special interest of this Registered Building, in front of its modern shop front and with similar developments in the locality, and also to the requirements for development in a Conservation Area. The principle of outside seating here has previously been approved, providing customers with the option of doing so. Adequate pavement width remains for passers-by. The Highway Authority does not oppose the proposal. There is no other representation on file.

Inspector's Assessment

1. The barriers are not physically connected to the Registered Building nor, on the evidence I have, are they within its curtilage but rather on the public highway in front of the premises. As far as I am aware, no separate Registered Building application has been made and on the face of it none is required. If I am wrong about that, then any subsequent such application should be determined on its merits. For the present, however, I shall have regard to the setting of the Registered Building solely as an aspect of the planning application.
2. I hardly need to say that Victoria Street is a key town centre location for shops, businesses, public services and, not least, restaurants, cafés and public houses. The principle of outside seating in front of No 26, Coffee Republic, has previously been approved. It adds positively to the town centre's vibrancy, viability and cosmopolitan character, particularly during clement weather when it benefits from being on the northern, sunnier side of the street. Enclosing the seating area with barriers brings further benefits, by defining the area, separating it from the through route for passing pedestrians and deterring encroachment by café customers. An adequate width of pavement is left, reinforced psychologically by having a parking bay adjacent rather than flowing traffic.
3. The café ground floor front is far from unsightly but it is modern and the building's historicism is largely seen on its upper floors. In this context, the neatly designed barriers, in modern materials, bearing simple advertisements identifying the business, do not appear out of place or detract from the building's setting and historic interest. In all, the outcome at least preserves the appearance of the Conservation Area and enhances its town centre commercial character. The building's features that make it of special architectural or historic interest are not undermined and in some measure should be protected by the building remaining in viable business use. Accordingly the relevant requirements and aims of the Strategic Plan and Planning Policy Statement 1/01 are met.
4. 17 Victoria Street, where outside seating was refused, is some way off, on the other side of the road, and I have assessed the current application on its merits and in the context of its location.

Recommendation

1. I recommend that the application be approved subject to the conditions below. As it is evident that the barriers have been in place, there is no requirement for a commencement period. I have specified 2.5 m in Condition 2, rather than 2.0 m suggested by the Planning Officer, as the former reflects the applicant's intentions and (from drawing 06A) a past requirement of the Department.
2. This approval for the erection of advertising pavement barriers for an outside seating area relates to Drawing No 05B and 06A both date stamped 9th May 2013.
3. A minimum unobstructed width between the front edge of the pavement café area and the face of the kerb shall be 2.5 metres.

Alan Langton

Inspector

Planning Application	Location	Response	Conditions	Reasons
13/00553/B	Alterations and division of existing dwelling to provide three residential units and vehicular access alterations Ballawattleworth House, Tynwald Road, Peel	Do not oppose subject to the imposition of the following condition	Off street parking spaces must be 6 x 3.25m per car space
13/00564/D	Erection of a replacement garage, driveway alteration and creation of terrace, Caaghyr, Bradda East, Port Erin	Do not oppose subject to the imposition of the following condition	The applicant shall contact the Network Operations Section of the Department of Infrastructure prior to carrying out any works within the highway, telephone 686665
13/00557/B	Erection of a sun lounge extension to replace existing conservatory 8 Cleiy Rhennee, Kirk Michael	Do not oppose has no traffic management, parking or road safety implications
13/00537/D	Erection of six illuminated display boards, Private Jet Terminal, Ronaldsway Airport, Ballasalla	Do not oppose subject to the imposition of the following condition	The display boards to the right of the access to be set 2 metres back from the edge of carriageway in order to keep clear visibility for cars exiting the car park
13/00565/D	Erection of pavement barriers for outside seating area 26 Victoria Street, Douglas	Do not oppose has no traffic management, parking or road safety implications

Manx Electricity Authority

Reference	Description	Local Authority	MEA Note
13/00552/B	Creation of a compound for the recycling and storage of construction and demolition waste and extension of approved stone recycling area, Part Of Fields 522518 And 522551 Middle Park Braddan Isle Of Man	BRADDAN	See Note 1
13/00565/D	Erection of pavement barriers for outside seating area, 26 Victoria Street Douglas IOM IM1 2LE	DOUGLAS	Special Note
13/00561/B	Conversion of barn to a dwelling, Barn To The South Of The White House Main Road Kirk Michael Isle Of Man	MICHAEL	See Note 1
13/00546/A	Approval in principle for the creation of a residential curtilage and erection of a replacement dwelling, Lanjaghan View Abbeylands Isle Of Man IM4 5EQ	ONCHAN	See Note 2
13/00547/B	Conversion of existing farm buildings to provide twelve tourist accommodation units with ancillary support and leisure facilities, and erection of a replacement farm complex comprising of agricultural buildings and a farm workers dwelling with detached garage, Lanjaghan Farm Lanjaghan Road Abbeylands Isle Of Man IM4 5EQ	ONCHAN	See Note 1
13/00551/B	Alterations, erection of extension to Mart Building, creation of external holding pens and extension of existing site curtilage (partial retrospective), Central Mart & Royal Manx Agricultural Society Site Knockaloe Farm Patrick Village Isle Of Man	PATRICK	See Note 1
13/00548/B	Removal of chimney stack, Shee Dy Vea Darragh Port Erin Isle Of Man IM9 6JB	PORT ERIN	See Note 1
13/00540/B	Installation of replacement conservatory roof, Oxenbourne Beach Road Port St. Mary Isle Of Man IM9 5ND	PORT ST MARY	See Note 1
13/00566/B	Conversion of existing farm outbuildings to provide two tourist accommodation units with associated off street parking, Surby Farm Surby Road Ballafesson Port Erin Isle Of Man IM9 6TE	RUSHEN	See Note 2

Light-reill Lectrighys manningh

PO Box 177 • Douglas • Isle of Man • IM99 1PS • British Isles

Tel + 44 (1624) 687766 • 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.

17/05/2013

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 Electricity Authority, (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 M.E.A. 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.

1. Contact the M.E.A. Planning Department (Tel. 687781), to discuss the electricity supply for this application.
2. If the applicant requires to connect any private generation to the M.E.A. electricity supply they must make an application to the M.E.A. 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 M.E.A. Planning Department (Tel. 687781).

* Special Note

Please note MEA requires 24 hours unrestricted access to the cables in the Public Highway and MEA will not be liable for any loss of income caused to the applicant as a result of its statutory works.