Planning Statement PA 13/00346/B

Statement Submitted On Behalf Of Planning And Building Control Division (Department Of Infrastructure)

PA 13/00346/B Creation of an outside seating area, 32 North Quay, Douglas, Isle of Man, IM1 4LB.

Statement on behalf of the Planning and Building Control Division (Department of Infrastructure) in respect of:

PA 13/00346/B Creation of an outside seating area, 32 North Quay, Douglas, Isle of Man, IM1 4LB.

Introduction

1. In accordance with the provisions of 10. (1)(b) of the Town and Country Planning (Development Procedure) Order 2005 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. Given the above, this statement is intended to set out the background of the planning application and identify what are considered to be relevant planning policy considerations. In order to avoid any perception of bias the statement purposely makes no assessment of the proposed development and offers no recommendation.

The Application Site

1. The application site is the curtilage of 32 North Quay, a traditional four storey building sited on the northern side of North Quay overlooking Douglas Marina. The application site adjoins Registered Building St Matthews Church on the west elevation and Sadler and Vanderplank Opticians adjoins on the east elevation. 32 North Quay is to comprise a restaurant to the basement, ground and first floor of the building.
2. The existing building is finished in a traditional stone work to the ground floor elevation that matches the existing external finish of St Matthews Church and

the Sunday School. The ground floor windows follow suit of the church windows, comprising the traditional arch frames with lead diagonal glazing bars albeit St Matthews Church have square glazing bars. The front doors are traditional church arch timber doors. The remaining windows on the first, second and third floors are timber sliding sash.

1. Photographs of the application site building can be viewed in APPENDIX A of this statement.

The Proposal

1. The planning application seeks approval for the creation of an outside seating area to the front of the building.
2. The proposal comprises the placing of three tables adjacent to an existing window. The proposed tables would measure metres and would be placed no further than 1.6 metres from the front of the application site building. In total the three tables would provide seating for ten people.
3. The proposed tables would be finished in stainless steel with the chairs finished in aluminium and wicker.
4. Also proposed is the erection of canvas hoardings attached to movable posts along the edge the external seating area to mark the boundary of the contained proposed seating area. Each section of hoarding would have a height of 1 metre and length of 1.2 metres. The canvas hoardings would be erected a minimum distance of 2 metres from the edge of the highway.

Planning History

1. The application site is currently subject of one other previous planning application under PA 13/00332/D for the erection of signage which has yet to be determined.
2. Planning permission was sought under PA 12/00223/B for the alterations to front elevation which was approved in 2012. Prior to this planning application,

an application was submitted under PA 06/02237/B for the erection of flue to roof level which was granted planning refusal in 2007 on the grounds that the flue, by virtue of its height - not being the full height of the building - would discharge fumes at a level or lower than that of some of the windows of adjacent property, thus adversely affecting their enjoyment.

1. The application site was previously a Farmers Building and in 1987 planning permission was granted for the conversion of building to form Bistron and two under PA 87/01967/B. Further to this approval, planning permission was granted in 1988 for the conversion of building to form restaurant at ground floor and basement levels and 3 two bedroom apartments above with a two storey extension under PA 87/04818/B. In 1993 an application was submitted for the change of use of building to office accommodation which was refused under PA 93/01230/C in 1994. An additional planning application was submitted in 1994 for the change of use to office accommodation which was also refused under PA 94/00772/C in 1994. The final application relating to conversions and change of use was submitted in 2005 under PA 05/00901/C for additional use of a take away to existing which was granted planning permission.

Planning Policy

1. In terms of local plan policy, the application site is within an area of predominantly shopping under the Douglas Local Plan Order 1998 Map No. 1 (Central Area). The application site is within Douglas Promenades Conservation Area. The application side is also within the Douglas flood zone which has a return period of 200 years.
2. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application.

General Policy 2 states: "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; (1) 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."

Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission."

Environmental Policy 35 states:

"Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

Representations

1. Douglas Borough Council have no objection to the current planning application.
2. The Department of Infrastructure (DOI) Highways Division do not oppose the current application subject to the following conditions:

1) A minimum unobstructed width between the front edge of the pavement cafe area and the face of the kerb shall be 2 metres; and 2) The cafe must be completely contained within a demarcated area and must be contained within an approved banner.

The DOI Highways Division also request that the applicant contacts the Network Operations Section of the DOI prior to carrying out any works within the highway.

1. The Manx Electricity Authority (MEA) have made a representation towards the planning application stating that the MEA requires 24 hours unrestricted access to the cables in the Public Highway and MEA will not be liable for any loss of income caused to the applicant as a result of its statutory works.

Consultations

1. The Isle of Man Water and Sewerage Authority (WASA) were contacted regarding the potential impact of the proposed development on the flood zone. WASA confirmed that given the extent of both applications they do not consider that any are needed and have no comments to submit regarding drainage issues.

Assessment

1. As the application site is within a Conservation Area, the main policy to consider is Environment Policy 35. This policy indicates that development will only be permitted when it would "preserve or enhance the character or appearance of the Area".
2. There are a number of restaurants and bars along North Quay that have implemented external seating areas and this gives a good indication of what the proposal would look like within the street scene of North Quay which can be viewed in APPENDIX B of this statement.
3. External seating areas provide cafes, bars and restaurants with additional facilities to provide customers with the option of being able to sit outdoors whilst enjoying beverages and meals.
4. With regards to the impact on the public footpath, there would be adequate width between the edge of the proposed seating area and highway to allow people to pass with ease without impacting upon the safety of pedestrians.
5. With regards to the details of the street furniture, the finished colour of the screening and table and chairs are a modern black and are similar to other features within the locality.

Conclusion

1. It could be thought the implementation of an external seating area could be beneficial to the visual amenities of the area, and enhance the existing quality of the street scene and Conservation Area in compliance with Environment Policy 35 and offer a cosmopolitan feel to the area and provide the community with additional facilities.

Recommended Conditions

1. Should the appointed person be minded to recommend that the application be permitted, the following conditions are recommended:

C1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C2. This approval for the creation of an outdoor seating area relates to Location Plan, Site Plan and pages detailing the material and style of the proposed outdoor furniture all date stamped 19th March 2013.

C3. A minimum unobstructed width between the front edge of the pavement cafe area and the face of the kerb shall be 2 metres.

C4. The cafe must be completely contained within a demarcated area and must be contained within an approved banner.

This statement has been prepared by the Planning and Building Control Division (Department of Infrastructure)