Erection of signage to outside seating area barriers

La Piazza Pizzeria, Grand View Hotel, Loch Promenade, Douglas, Isle Of Man, IM1 2bt

Received30 Apr 2014

Validated8 May 2014

Decided5 Sept 2014

4 months

Received30 Apr 2014

Validated8 May 2014

Decided5 Sept 2014

4 months

Why Was This Refused?

✓Proposed signage on outdoor seating barriers in front of La Piazza Restaurant on Loch Promenade, Douglas
✓Site located within the Douglas Promenades Conservation Area
✓Limited natural surveillance of the outdoor seating area from within the restaurant
✓Inadequate disabled access to upper-floor lavatories identified as a significant concern
✓Officer recommended approval but the delegated decision-maker refused
✓Linked advertisement consent also declined as a consequence of the refusal
✓character
✓access
✓The effect of the proposal on the character and appearance of the Conservation Area
✓The effect of the proposal on the amenities of the area
✓Access and public safety
✓Economic considerations
✓Other issues raised during the consultation process

This application sought permission to erect signage on barriers around an outdoor seating area on the wide pavement in front of La Piazza Restaurant, Peveril Buildings, Loch Promenade, Douglas. The site sits within the Douglas Promenades Conservation Area and is a prominent location near the main thoroughfare. La Piazza itself occupies the first floor above Pizza Hut. Although the case officer recommended approval, the delegated decision-maker refused the application. The decision acknowledged that the proposal would largely preserve and in some respects enhance the Conservation Area's commercial character, but identified two reservations. First, the outdoor seating area would have little natural surveillance from inside the restaurant.

The application was refused despite the case officer recommending approval. The decision-maker accepted that the proposal would broadly preserve and even enhance the Conservation Area's appearance, but raised two concerns that tipped the balance against approval: limited natural surveillance of the proposed outdoor seating area, and inadequate provision for people with disabilities, particularly regarding access to upper-floor lavatories. On balance, these issues were considered serious enough to refuse permission. The formal decision record lists 2 conditions.

Site Observations

•The application site forms part of a wide area of pavement in front of La Piazza Restaurant and Pizza Hut, Peveril Buildings, Loch Promenade, Douglas.
•La Piazza is situated at first floor above Pizza Hut with the site located at the front.
•The site is located at the southern end of the Promenade and is a prominent location next to the main thoroughfare.
•The pavement has recently been widened as part of the Phase 1 highway improvement works to the Promenade.
•The site is situated within the Douglas Promenades Conservation Area.

Refusal Reasons

✕In these regards the outcome would preserve and in some ways enhance the appearance and commercial character of the Conservation Area. I do, however, have two reservations, the second more serious than the first.
✕Although it is possible to see the seating area from within the restaurant, this does require standing close to the window, or out on the balcony, and deliberately looking down. There would be little by way of natural surveillance.
✕The second issue concerns provision for people with disabilities for whom stairs to upper floor lavatories could be an obstacle or complete barrier.
✕In my view, a planning approval ought not to endorse this prospect.
✕In all, on balance I consider that in this instance the planning application should refused.
✕If the planning application is refused the applicant would neither own nor have control of the site, and for this reason the advertisement consent should also be declined.

Policies Assessed (2)

GP1

The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.

Isle of Man Strategic Plan 2007

General Policy 1: The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations. In this way, development will be directed towards sui table or preferred locations and away from unsuitable or undesirable locations. 6.1.3 Several planning issues and policies apply throughout the Strategic Plan. These are set out in this chapter rather than being repeated in each of the subsequent chapters. 6.2 Development within land-use zones

CA/2

Policy CA/2 of Planning Policy Statement 1/01 "Conservation of the Historic Environment"

POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.

Conditions (2)

4
Condition 4
The advertisement(s) hereby granted consent shall be begun before the expiration of four years from the date of this notice.
5
Condition 5
The seating area shall be limited to the area shown on Drawing Number HLK/14/0118 1 received by the Department on 30th April 2014.

Planning History (9)

14/00528/B2014

application for planning approval

14/00369/B2014

planning approval for the creation of an outdoor seating area

14/00370/D2014

Advertisement Consent for the associated signage on the outside seating area barriers

13/01352/D2013

Advertisement Consent for illuminated and non illuminated signage

application pending

12/01327/BApproved2012

Douglas Promenade improvements Phase 1

09/01317/BApproved2009

variation of condition 2 of PA 00/01498/C regarding opening hours

09/01313/CApproved2009

change of use from restaurant / cafe to a mixed use comprising restaurant / cafe and takeaway

01/01802/BApproved

conversion of part 2nd floor to extend 1st floor restaurant

00/01498/CApproved2000

change of use for the preparation and serving of hot food

Documents (15)

Officer Report Decision Notice Location Plan Planning Statement Application Form

Source & Provenance

Official reference: 14/00529/D
Source authority: Isle of Man Government Planning & Building Control
Official record URL: No stable public per-application URL provided