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Wallys Ellen Vanpin
Change of use of footpath in front of existing café to outside seating area with removable barriers
61 Strand Street Douglas Isle Of Man IM1 2EN
PA Reference 14/01098/C
1.1 In accordance with the provisions of 10. (1)(b) of the Town and Country Planning (Development Procedure) (No 2) Order 2013 any planning application that proposes development involving land that the Department of Infrastructure is in ownership it cannot be determined by the Planning and Building Control Division. In these instances the relevant legislation requires the planning application to be referred to and determined by the Council of Ministers. Such planning applications are dealt with by an appointed person (Planning Inspector) who is charged with assessing the proposed development and reporting their recommendations to the Council of Ministers.
2.1 The application site is the curtilage of 61 Strand Street and a section of pavement immediately to the front of 61 Strand Street. The application site building is a two storey mid terraced building located on the western side of Strand Street in Douglas. The building currently accommodates a café at ground floor level.
2.2 Directly neighbouring the site to the north is Lexicon Bookshop. Neighbouring the application site to the south of the application site is Crossroad for Carers and sitting adjacent to the application site is Carnival, a public house.
2.3 The immediate surrounding area is characterised by retail, restaurant, public house, and a hair salon.
2.4 Photographs of the application site can be viewed in APPENDIX A.
3.1 The planning application seeks planning permission for the creation of an outside seating area directly in front of the building front.
3.2 There would be two separate seating areas either side of the central entrance door. The seating area would project 1.5 metres from the front elevation of the building and would have a total width of 4.8 metres to reflect the width of the application site building.
3.3 The stainless steel posts would be no higher than 97 centimetres and would be placed 1.5 metres apart with material barriers between that would be blank. The posts would be moveable with the seating area available from 08.00hrs to 16.00 hrs.
4.1 The application site has been of four previous planning applications, none of which are considered materially relevant to the assessment of this current planning application.
4.2 14 Castle Street, located further north of the application site, was granted planning approval in 2014 under PA 14/00339/B for the conversion from retail to retail and coffee shop with creation of an outside seating area.
4.3 46 Duke Street, located further south of the application site, was granted planning approval in 2013 under PA 13/91230/C for change of use of the existing retail food unit to a cafe and creation of outside seating area.
4.4 40 Duke Street, located south of the application site, was granted planning approval in 2012 under PA 12/00328/B for the creation of a cafe outside seating area and installation of awning.
5.1 In terms of local plan policy, the application site is within an area zoned as Predominantly Shopping under the Douglas Local Plan Order 1998 Map No. 1 (Central Area).
5.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically relevant to the assessment of this current planning application:
"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
(a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
"The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan".
6.1 Douglas Borough Council has no objection to the current planning application (07/10/2013).
6.2 The Department of Infrastructure Highway Services do not oppose the current planning application subject to the imposition of the following condition:
"Strand Street is pedestrianised and requires a 4.5 metre unobstructed footpath." (06/10/2014).
6.3 Manx Utilities wish to express an interest in the planning application (26/09/2014).
6.4 The owners and/or occupiers of No. 63 Strand Street state that the seating area will significantly cost No. 63 Strand Street a loss in footfall by driving potential customers away from the shop window which generates significant revenue from impulse buys throughout the year and the problem may be exacerbated should Costa café make a similar application. Concerns were also raised regarding the location of waste bins and push chairs (14/10/2014).
7.1 There are three fundamental issues to consider in the assessment of this planning application. Firstly, it is essential to consider the impacts of the seating area upon the existing use of the building. Secondly, it is necessary to consider the impacts upon the character and amenities of the locality. Thirdly and finally, it is imperative that the impact of the seating area upon highway and pedestrian safety are considered.
7.2.1 Outdoor seating areas often add vitality and viability to the acting business as well as contributing to increased trade. As such, the principle of providing an outside seating area is deemed acceptable.
7.3.1 As already identified, the area is characterised by a mix of uses and as such, in principle, the use of part of the pavement as a seating area is not considered to undermine the character of this area.
7.3.2 The tables and chairs used are standard metal and the barriers would be with stainless steel poles either side to hold them in place. It is judged that the use of the proposed materials would not be harmful to the amenities of the area.
7.4.1 Highway Services have recommended approval subject to a 4.5 metre of unobstructed width.
7.4.2 This unobstructed space is required for the ease of flow of pedestrians and their overall safety. At present, there is sufficient space, 5 metres, for those to pass that may be pushing a pram, wheelchair users, mobility scooter users or those with a child either side for example without prejudicing safety of other others. There is also adequate width for the passing of emergency vehicles.
8.1 In the right locations external seating areas serving cafes, restaurants and public houses can make a positive contribution to the amenity of an area. There are across Douglas, and other towns and villages, a number of examples where seating areas work effectively without prejudicing pedestrian flow along the footway.
8.2 The seating area under this scheme is located on a main strategic pedestrian route, where the footway particularly should have the minimum of unobstructed width for health and safety purposes. The application site is considered to lend itself well in providing an external seating area and as such the area is justifiable and the planning application should be permitted.
C1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C2. The cafe must be completely contained within a demarcated area.
Reason: In the interests of highway and pedestrian safety.
C3. A minimum unobstructed width between the front edge of the outside seating area and the face of the adjacent buildings shall be no less than 4.5 metres.
Reason: In the interests of highway and pedestrian safety.
C4. No approval is hereby granted to the erection of signage as such is regulated by the Town and Country Planning (Control of Advertisements) Regulations 2013. A separate application for the signage should be made under these provisions prior to the erection of the same.
Reason: Advertisements are regulated by the Town and Country Planning (Control of Advertisements) Regulations 2013 and require Express Consent.
Plans on which recommendations have been based and upon which any approval should rely. Drawings labelled REF 01, 02 and 03 all date stamped as received on 16th September 2014. This statement has been prepared by the Planning and Building Control Division (Department of Infrastructure).
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