11 August 2015 · Council of Ministers
Oasis Sandwich Bar, 61, Strand Street, Douglas, Isle Of Man, IM1 2en
The proposal involved changing the use of the public footpath directly in front of the existing café at 61 Strand Street to provide an outside seating area, enclosed by removable barriers. This followed an appeal process, with the Council of Ministers considering the Planning Inspector's recommendations before granting…
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The decision notice does not provide detailed reasoning, as it records the Council of Ministers' determination following consideration of the Planning Inspector's recommendations in an appeal process …
Time limit
The development hereby approved shall commence before the expiration of four years from the date of this notice. Reason: To comply with Article 14 of the Town and Country Planning (Development Procedure) (No 2) Order and to avoid the accumulation of unimplemented planning approvals.
Seating area extent
The seating area hereby approved must be completely contained within a demarcated area projecting no more than 1 m from the front elevation of No 61 Strand Street. Reason: To ensure that there is a minimum unobstructed width of 4.5 m for passing pedestrians, in the interests of their safety and convenience.
Highway Services and Douglas Corporation have no objection subject to maintaining a 4.5m unobstructed footpath; Manx Utilities require 24-hour access to cables; Lexicon Bookshop objects due to loss of footfall.
Key concern: loss of footfall from 1.5m seating in narrow pedestrian street
Highway Services Division
Conditional No ObjectionDo not oppose subject to the imposition of the following conditions; As Strand Street is pedestrianised a 4.5 metre unobstructed footpath would have to be maintained
Conditions requested: Strand Street is pedestrianised and requires a 4.5 metre unobstructed footpath
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: Manx Utilities requires 24 hours unrestricted access to the cables in the public highway
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals
Lexicon Bookshop
Objectionseating out to 1.5m will significantly cost us in lost footfall; Strand Street (5 metres, 62 cm wide); meant to be a pedestrian thoroughfare
The original planning application 14/01098/C by James Reid of Oasis Catering Ltd sought approval for an external seating area projecting from the sandwich bar at 61 Strand Street, amended to 1m projection with 2 small tables and 4 chairs to address neighbour concerns. No refusal occurred as the application was determined by the Council of Ministers due to street ownership by the Department of Infrastructure; Douglas Borough Council had no objection. The inspector considered impacts on amenity and pedestrian safety, finding the small-scale proposal compliant with policies after amendment, adding vitality without adverse effects, and leaving sufficient unobstructed footpath. Precedents of similar approvals nearby supported the positive contribution to town centre vitality. The inspector recommended approval with conditions limiting projection to 1m and standard time limits.
Precedent Value
Demonstrates approval likely for small-scale external seating in pedestrianised town centres if amended to mitigate neighbour impacts and meet footpath standards; future applicants should proactively reduce projections and reference similar local approvals.
Inspector: Ruth MacKenzie BA(Hons) MRTPI
