Planning Approval Decision Notice

The Town And Country Planning Act 1999

Date of Issue: 3rd June 2013	Mr W Greenhow ACMA Chief Secretary
Chief Secretary's Office
Government Offices
Bucks Road
Douglas

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

10 JUN 2013

DEPARTMENT OF

INFRASTRUCTURE

In accordance with paragraph 10 of the above Order, the person appointed by the Council of Ministers to consider this application has submitted his report.

In accordance with paragraph 10.3(a) and (b), a copy of the appointed person's report is enclosed.

On 30th May 2013, and after consultation, the Council of Ministers Council noted that the Independent Inspector had recommended that planning approval be refused due to the limited space available for the proposed seating area being likely to impede the free flow of pedestrians, particularly in respect of staff serving the tables.

Council also noted that the Inspector had set out five conditions in the appendix to the report which should be attached in the event of the planning approval being granted.

Council discussed the application and noted that a number of other establishments on the North Quay had been given permission for outside seating areas. Council also noted that a condition attached by the Inspector to an approval was that all activities associated with the outdoor seating area, including table service and cleaning, must take place within the approved barrier around the area.

Council considered the potential for limited approval for one year to allow an assessment of the impact of the proposal on the flow of pedestrians. It was noted that if limited approval was granted, the applicant would be required to submit a fresh application at the conclusion of the approval period.

After consideration, Council agreed to approve the above planning application, subject to the five conditions specified below.

Applicant:	Chalis Ltd
Proposal:	Creation of an outside seating area, 32 North Quay Douglas Isle Of Man IM1 4LB

Conditions Of Approval:

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval for the creation of an outside seating area relates to the Location Plan, Site Plan and $3 \times$ A4 pages detailing the material and style of the proposed outdoor furniture, all date stamped 19 March 2013.
3. A minimum unobstructed width of footway of 2 metres shall be maintained at all times from the barrier at the front edge of the outdoor seating area and the edge of the vehicle parking area. This 2 metre width can include the drainage channel/grill between the footway and the parking area, but shall not extend to include any part of the parking area.
4. The outdoor seating area must be completely contained within the demarcated area indicated by a dashed line on the approved 1:50 scale Site Plan, and at all times during which the outdoor seating area is in use that area must be contained within a barrier in accordance with details which shall be submitted to and approved in writing by the Planning Authority prior to use of the outdoor seating area commencing. The details to be submitted shall include information about the supporting posts and how they will be mounted.
5. All activities associated with the outdoor seating area, including table service and cleaning, must take place within the approved barrier.