Duplicate Officer Report

Planning Report And Recommendations {{table:536874}} ### Considerations {{table:536872}} ### Written Representations ### Consultations {{table:536873}}

Officer's Report

He Site

The application site represents the curtilage of the Manx Legion Club, New Quay, Market Hill, Douglas. It is situated at the southern end of Market Hill; it is bounded by Market Hall to the North of the Douglas Hotel to the east and the River Douglas to the south.

Planning Status

The application site is located within an area of “Predominantly Shopping Use” and within a Conservation Area identified on the Douglas Local Plan 1998. This building is also a Registered Building (120). Within the adopted Isle of Man Strategic Plan, the following policy is considered relevant:

General Policy 2

"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;
• (I) 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."

Planning History

The following previous planning applications are considered relevant in the assessment and determination of this application:

Case Number - 85/00070/C Use of premises as a Private Members Social Club - Permitted on Review Case Number - 97/00857/GB Installation of new windows to North Quay elevation - Permitted Case Number - 03/00672/GB Re-roofing of building - Permitted Case Number - 08/01111/CON Registered Building Consent for the installation of replacement roller shutter doors - Permitted

The Proposal

This application seeks approval for the creation of an outdoor seating area. This proposal would have approximately 7-9 tables of solid structure all free standing with merchandised barriers 900 mm high and free standing umbrellas securely fixed to withstand windy conditions, which would be approximately 2.2 metres high.

Representations

Disability Access Officer - The actual layout for the disabled facilities needs to be reconfigured and it would be useful if a condition was placed to discuss layout with the Access Office.

Manx Electricity Authority - There needs to be a discussion with the client and the Manx Electricity Authority relating to working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site.

The Department of Transport Highways Division have objected as the Highway is for use by all members of the public. This application states it is a 'private' club which therefore restricts non-club members from utilising this facility.

Douglas Corporation has not commented on the proposal.

Assessment

The development is situated within a predominately shopping area on the Douglas Local Plan 1998, but adjoining to it are areas of office, residential area as well as the Town Centre.

Given the nature of the proposed development it is therefore appropriate to assess the proposal against General Policy 2 of Isle of Man Strategic Plan 2007. The proposed application would be acceptable in regards to a seating area in regards to its location but having assessed the proposed development against the planning policy it is concluded that the proposal is unacceptable. This relates to its size and position as the proposed development would affect the movement of pedestrians on the footpath that borders the seating area. On the layout drawing GF-(01), the pedestrian footpath is not 2 metres wide around the proposed application which is permitted by the Highways Division (at one of the points the distance is 1.1 m ). If there were cars in the parking bay on North Quay this would cause a highway danger as it will force pedestrians onto the road, as access would be restricted by the tables and chairs.

As such, it is considered that the proposed development fails to satisfactorily accord with the provisions of General Policy 2 of Isle of Man Strategic Plan 2007.

Recommendation

For these reasons the proposal is considered unacceptable and it is recommended that the planning application be refused.

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:

The Department of Transport Highways Division Douglas Corporation Disability Access Officer Accordingly the following parties are not granted Interested Party Status: Manx Electricity Authority

Recommendation

Recommended Decision: Refused Date of Recommendation: 07.10.2008 Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

R 1. By reason of the size and position of the proposed development, the development would force pedestrians onto the road as the footpath would be obstructed and would result in an unsafe and inconvenient access for all highway users. As such, it is considered that the proposed development fails to satisfactorily accord with the provisions of General Policy 2 of Isle of Man Strategic Plan 2007.

I confirm that this decision accords with Government Circular No 56/08 (Delegation of Functions to the Acting Senior Planning Officer), GC 55/08 for Advertisements and 69/08 for Registered Buildings.

Decision Made : Refused Date : Signed : Acting Senior Planning Officer