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The application site represents the curtilage of Deli At 35, 35 North Quay in Douglas. It is situated along North Quay between St Matthews Church and The British Hotel. The site
The application site is located 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 and Transport Policy 4
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 that: "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 states that: "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"
The following previous planning application is considered relevant in the assessment and determination of this application:
03/00606/B - Installation of replacement shop front incorporating additional access to flat above granted on 20th August 2003
04/00675/B - Conversion of existing shop and basement to a café with replacement shop front incorporating additional entrance and alterations to flat above - granted 7th July 2004
04/02369/B - Proposed conversion of existing living accommodation into 3 self contained apartments. Construction of access stairway and the provision of toilets and escape stair to ground floor café/shop and basement store - refused at review on 15th April 2005.
07/00594/D - To display a free standing sign board outside premises - refused 15th June 2007. 07/02318/C - Additional use of ground floor shop as café - approved at appeal on 18th August 2008. 08/01581/D - Retention of awnings with logos - pending consideration.
This application seeks approval for the creation of an outdoor seating area, with three round tables and eight chairs at the front elevation of the property. This would extend 4.2 m from the shop front into the carriageway and 1.8 m wide. There would be 1 m high metal barriers dividing the Deli from The British Hotel to the East and the Carriageway to the South.
The Department of Transport Highways Division have objected to the proposal as there is insufficient room for pedestrians to pass the seating area. Minimum of 1.6 m is required between kerb edge and seating area.
Douglas Corporation objected on grounds that the proposed development would completely obstruct the public footpath, and prevent the proper use of the parking and service lay-by.
Disability Access Officer has objected as the seating area would be extending over onto the public walk way this is unacceptable and could be dangerous as pedestrians and wheelchair users would have to walk on the road to get around the furniture.
ASSESSMENT The application site is located within an area of existing predominantly shopping area under the Douglas Local Plan. Given the nature of the proposed development it is therefore appropriate to assess the proposal against the policies identified earlier within the report (i.e. General Policy 2 and Transport Policy 4 of Isle of Man Strategic Plan 2007).
Having assessed the proposed development against the planning policy it is concluded that the proposal is unacceptable. This relates to its size and position of the proposal as it would affect all pedestrian and wheelchair users who use the footpath at the front of the Deli. On drawing number SC1121/P/10-02, the pedestrian footpath is completely blocked off and does not provide 1.6 m wide clearance between the kerb edge and the seating as required by the Highways Division of the Department of Transport. The only space left is 400 mm of the service lay-by which is not zoned as a public footpath. This would result in forcing all pedestrian and wheelchair users into the carriageway which would cause a danger to highway users.
The application also does not provide any elevational details of the proposed barriers, which makes it difficult to assess the impact of the barriers on the character and appearance of the Conservation Area.
Furthermore, it can not be determined whether the barriers are going to be displaying an advertisement. If the barriers are going to display an advertisement, they should be determined under the Control of Advertisement Regulations 2005 and not under the Town and Country Planning (Development Procedures) Order 2005.
As such, it is considered that the proposed development fails to satisfactorily accord with the provisions of General Policy 2 and Transport Policy 4 of Isle of Man Strategic Plan 2007.
For these reasons the proposal is considered unacceptable and it is recommended that the planning application be refused.
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
Recommended Decision: Refused
Date of Recommendation: 27.10.2008
N : Notes attached to conditions R : Reasons for refusal
The creation of an outside seating area would be contrary to General Policy 2, Transport policies 4 and 6 of the Isle of Man Strategic Plan 2007 in that the development would create an obstruction in the public highway which would prevent pedestrians to move freely within the locality.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Refused Date : Signed : Senior Planning Officer
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