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20/00541/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/00541/B Applicant : Anglomanx Trust Company Ltd Proposal : Variation of condition 1 of PA 15/01089/B, Alterations, roof amendments, creation of a mezzanine floor and erection of a three storey rear extension to provide lift and stair access to offices, to extend period of approval for a further two years Site Address : 5 Athol Street Douglas Isle Of Man IM1 1QL
Principal Planner: Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 06.07.2020 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. No development shall commence until details of all external facing materials and new windows and doors to be used have been submitted to and approved in writing by the Department. The development shall be carried out in accordance with the approved details.
Reason: In the interest of the character and appearance of the site and Athol Street/Victoria Street Conservation Area in which it lies.
This application has been recommended for approval for the following reason. Since the initial approval there have been no material planning changes which have arisen. The Douglas Local Plan and the Isle of Man Strategic Plan 2016 have not been superseded and therefore continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken.
Plans/Drawings/Information;
This approval relates to the submitted documents and drawings reference numbers 15/2488/01, 03, 04, and 15/02451/02 and Daylight Assessment all received on 22nd May 2020.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 SITE 1.1 The application site comprises of Number 5 Athol Street, which is located on south eastern side of Athol Street. The building is currently a 4 storey. The application site is located within the Athol Street / Victoria Street Conservation Area. The site is zoned as predominantly offices within the Douglas Local Plan 1998.
1.2 The existing building is a symmetrical Victorian building mid terrace with an ordered façade of triple arched windows at first floor, triple flat headed windows at second floor and a pediment dormer in the attic space.
1.3 To the rear of the property is an existing pitched roof extension which is two storeys due to the differences in grounds levels. The building forms part of a block structure with properties along Athol Street, Church Street, Nelson Street and Prospect Hill. Access to the parking yard within the block is from Nelson Street.
2.0 PROPOSED DEVELOPMENT 2.1 The application is seeking permission for Variation of condition 1 of PA 15/01089/B, Alterations, roof amendments, creation of a mezzanine floor and erection of a three storey rear extension to provide lift and stair access to offices, to extend period of approval for a further two years.
2.2 The approved works involved are outline by the previous planning officers report who dealt with PA 15/01089/B who stated: "The roof amendments are to the existing pitched roof rear extension, changing it from a dual pitch to flat roof with an extension and a terrace, with a slight pitch in the north east elevation accommodating 3 roof lights to the office below.
2.3 The proposed extension is triangular in shape and is the full width of the building 7.3m x 7.8m (at its deepest) x 1.8m (at its shallowest), with overall height of 11.4m from the lowest point of the existing pitched roof to its highest point. Terraces are proposed on first and third floor. These changes facilitate the creation of additional office space of 83.983m2.
2.4 Also included is the insertion of 3 x roof lights (apx 800mm x 800mm) in this newly pitched roof to light the proposed mezzanine office space in north east elevation. To the south western elevation where the pitched roof becomes part of the extension there are 6 news windows, looking into the parking courtyard (800mm x 800mm) and an area of glass blocks (apx 3.2m x 0.8m) to the newly formed staff room at basement level
2.3 Limited details of proposed materials for this part of the proposal have been provided in the submitted details, however this can be controlled by condition as can details of the new windows and doors if necessary.
2.4 The three storey rear extension itself is sat onto the proposed flat roof, making the building 16.2m high from within the courtyard. Constructed of SAPA framing curtain wall glazing system on the corners and terracotta panel system on each of the elevations.
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2.5 In connection with another application at this site, daylight assessments were carried out in accordance with 'BRE Site layout planning for daylight and sunlight: a good guide to practice (BR 209), received 10 December 2015. After receipt this information was re-circulated for additional 14 days."
3.0 PLANNING STATUS AND RELEVANT POLICIES 3.1 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application: General Policy 2, Environment Policy 35, Business Policies 7 and 8, and Transport 7
3.2 Environment Policy 35 states that "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 he special features contributing to the character and quality are protected against inappropriate development."
3.3 Business Policy 7 states that "New office floor space should be located with town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space (a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance."
3.4 Business Policy 8 states that "New office building should, in terms of height and mass, respect the scale and character of adjoining and nearby buildings and should accommodate parking space in accordance with the standards specified in Appendix 7 of the Plan."
3.5 Transport Policy 7 states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."
3.6 Section 18 (4) of the Town and Country Planning Act 1999 states that "Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing it character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act."
3.7 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: (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; (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;
4.0 PLANNING HISTORY 4.1 There are three relatively recent planning applications which are considered relevant to the consideration of this application;
o 14/1072/B - Alterations to ground floor level to create new street frontage and entrance area - APPROVED - based on the 2009 part approval.
o 09/00052/B - Proposal a) Alterations to the ground floor frontage APPROVED at appeal, and b) erection of office extension to rear elevation REFUSED at appeal - This extension was to project between 15.5m and 17.8m to the rear and be 16m in width. The extension was to
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have a roof terrace, which will be surrounded by stainless steel balustrade with glass panels. The application is also proposing to replace the ground floor frontage of the building. The reasons for refusal for the extension were;
The extension would have a deleterious effect on the working conditions of occupants of neighbouring buildings. 2. The extension would not preserve or enhance the character or appearance of the Conservation Area.
4.2 At paragraph 35 of the Inspector's Report the Inspector considered that the extension would not preserve or enhance the character of the Conservation and judged that it would have a deleterious effect on the working conditions of the occupants of neighbouring buildings.
4.3 15/01089/B - Alterations, roof amendments, creation of a mezzanine floor and erection of a three storey rear extension to provide lift and stair access to offices - APPROVED at Appeal after the Planning Committee refused the application initially.
4.4 15/01229/B - Alterations, roof amendments and erection of a three storey extension with terraces over existing rear annexe - Application was Refused at Appeal.
4.5 16/01265/B - Alterations, roof amendments, and erection of a three storey rear extension - APPROVED.
5.0 REPRESENTATIONS 5.1 Douglas Corporation has raised no objection to the proposal. (17.06.2020).
6.0 ASSESSMENT 6.1 The principal issue in the assessment of this application is whether there have been any material planning matters (e.g. policy changes / land used designations / Local Plan adoption / new or altered legislation, and so forth) that have changed since the approval of the last application.
6.2 Since the initial approval there have been no material planning changes which have arisen. The Douglas Local Plan and the Isle of Man Strategic Plan 2016 have not been superseded and therefore continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. No new legislation has been brought into force and no objections have been received. There is currently the Draft Area Plan for the East with designates the site is proposed as "Mixed Use". However, this does not conflict with the previous decision.
6.3 The reasoning for the time period of all applications is to ensure planning applications cannot have everlasting permissions, and either the applicant needs to commence development or seek a variation of condition to extend the period be submitted. This process to potentially extend the original period is to re-assess whether there have been any changes in local plan/planning policies and/or any other material planning matters. As indicated above there have been none since the last approval.
6.4 It has been previously assessed that the development proposed is acceptable in terms of the visual impact to the Conservation Area and the working conditions of neighbouring properties and the planning Inspector who recommended the application be approved (Minister agreed with his recommendation) commented:
"...I have therefore reached the view that SChmeme A (PA 15/01089/B) would preserve the character of the Athol Street/Victoria Street Conservation Area in compliance with EP35 of the IOMP."
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6.5 Further he states:
"...Schemes A's tower extension would not have a materially adverse impact in working conditions in No 7 because of its smaller size."
6.6 Accordingly, as previously considered the proposal would comply with the relevant planning policies and therefore recommended for an approval.
7.0 CONCLUSION 7.1 Since the initial approval there have been no material planning changes which have arisen. The Douglas Local Plan and the Isle of Man Strategic Plan 2016 have not been superseded and therefore continue to comprise the Development Plan. The policies contained therein have not been the subject of appeal decisions or decisions related to planning applications that indicate a different approach to those policies should be taken. It is recommended that planning permission be approved.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status __
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 21.07.2020
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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