5 September 2014 · Delegated
La Piazza Pizzeria, Grand View Hotel, Loch Promenade, Douglas, Isle Of Man, IM1 2bt
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.
Refusal Reasons
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
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.
Condition 4
The advertisement(s) hereby granted consent shall be begun before the expiration of four years from the date of this notice.
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.
application for planning approval
planning approval for the creation of an outdoor seating area
Advertisement Consent for the associated signage on the outside seating area barriers
Advertisement Consent for illuminated and non illuminated signage
application pending
Douglas Promenade improvements Phase 1
variation of condition 2 of PA 00/01498/C regarding opening hours
change of use from restaurant / cafe to a mixed use comprising restaurant / cafe and takeaway
conversion of part 2nd floor to extend 1st floor restaurant
change of use for the preparation and serving of hot food