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Application No.: 09/00303/B Applicant: Abertay Limited Proposal: Creation of an outside seating area Site Address: Deli At 35 35 North Quay Douglas Isle Of Man IM1 4LB ### Considerations Case Officer : Mr Gary Barr Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee : Highways Division Notes: Do not oppose subject to the imposition of the following condition: The cafe must be completely contained within the demarcated area and must be contained within an approved barrier. Consultee : Douglas Corporation Notes: - No objection. Consultee : Manx Electricity Authority Notes: Special note and note 1.
The application site represents the curtilage of "Deli At 35" in Douglas. The property is located a ong the North Quay facing the River Douglas and between the British Hotel and Matthews Church.
This application seeks approval for the creation of an outdoor seating area to the southern elevation (entrance) of the property. There would be two tables and four chairs at a projection of 700 mm with 1635 mm clearance in the footpath.
The application site is located within the North Quay Conservation Area and within an area of "Predominantly Shopping Use" identified on the Douglas Central Local Plan, 1998. Within the adopted
Isle of Man Strategic Plan, the following policies are considered relevant - General Policy 2 states that:
"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:
Transport Policy 4 states:
"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."
Transport Policy 6 also states:
"In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users."
PLANNING HISTORY The following previous planning applications should be considered relevant in the assessment and determination of this application: PA 03/00606/B - Installation of replacement shopfront incorporating additional access to flat above-Permitted PA 08/01684/B - Formation of outside seating area - Refused REPRESENTATIONS
The Department of Transport Highways Division do not oppose subject to the imposition of the following condition: The cafe must be completely contained within the demarcated area and must be contained within an approved barrier.
Douglas Corporation has no objection with the proposal.
2 June 2009
Manx Electricity Authority has noted that there are underground and overhead lines in the area and the applicant would need to contact the authority to discuss operations.
ASSESSMENT
Having assessed the proposed development against the relevant planning policies it is concluded that the proposal would be acceptable. General Policy 2 (i) of the Isle of Man Strategic Plan indicates that development should not have unacceptable effect on road safety or traffic movement. With the 1635mm clearance along the pavement it is regarded that this would be sufficient to accommodate all pedestrian journeys in a safe and appropriate manner.
The comments from The Department of Transport regarding the cafe to be completely contained within the demarcated area and must be contained within an approved barrier; that to erect a barrier would look out of place for a seating area of just two tables and four chairs which would further limit the width of the footpath and increase the likelihood of hazards to a unacceptable degree.
RECOMMENDATION For these reasons the proposal is considered acceptable and it is recommended that the planning application be permitted. PARTY STATUS
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
Accordingly the following parties, that made representations, do not meet the criteria of Government Circular 1/06 and should not be afforded interested party
Manx Electricity Authority Recommendation Recommended Decision: Permitted Date of Recommendation: 02.06.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal
C 1.
2 June 2009
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the submitted drawing SC1121/P/10-00, SC1121/P/10-01, SC1121/P/10-04 A and Photographs x4 all received on 23rd February, 2009 and Drawing No. 01 received on 2nd June, 2009.
C 3. Notwithstanding the permitted development order, no fences, walls or other means of enclosure shall be erected without prior approval of the Planning Authority.
I confirm that this decision accords with Government Circular No 10/09, Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Permitted Date : 7 June 2009
Signed : ______________________________
Senior Planning Officer
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