Planning Officer Report Recommendations

Planning Officer Report And Recommendations {{table:53472}}

Officer's Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS IT PROPOSES AMENDMENTS TO A SCHEME THAT WAS PREVIOUSLY CONSIDERED BY THE PLANNING COMMITTEE.

Introduction

1. This application proposes an amended scheme to that recently permitted. In March 2011, an application for alterations, part demolition and extension to the Douglas Hotel and demolition of remainder of site to create offices, public house and microbrewery was approved.

1. This application was originally submitted in October 2011 and proposed alterations to the approved scheme. The previously permitted microbrewery which was to be formed in the basement of the extension was no longer proposed and instead the basement of the extension was to provide additional licensed premises. Minor alterations to the ground floor rear elevation of the extension were also proposed.

1. When considering the application, the Planning Committee raised concerns regarding the flood risk of the proposal and deferred their decision pending more information being sought on this matter. Having considered this issue, and the economics of creating a basement area beneath the new build section of the proposed development, the applicant has decided that the basement will now be omitted from the scheme save for a small storage area to serve the Douglas Hotel side of the development. There would now be no public access to the basement of the development.

The Site

1. The application site comprises of the Douglas Hotel, the I.O.M Farmers building and the Clarendon Hotel located on the North Quay, Douglas, within the North Quay Conservation Area. To the east and rear of the application site is a public car park. To the west of the site is a single storey building used by the Royal British Legion. The application site is located within an area zoned as predominantly shopping.

1. The Douglas Hotel is a substantial, four storey, 5 bay former public house, which was originally built in 1758 and is a Registered Building (RB 186). The I.O.M Farmers building and Clarendon Hotel are three storey, 3 bay properties. These properties are not registered buildings.

Proposed Development

1. The application is seeking planning permission and Registered Building Consent to alter and partly demolish the rear section of the Douglas Hotel and the demolition and redevelopment of the remainder of the site to create offices and a public house.

1. The proposal also involves substantial internal works to the Douglas Hotel to create a Public House at ground floor level with office space above.

1. Following the demolition of the Farmers and Clarendon Hotel, a new three and half storey extension to the Douglas Hotel would be constructed to provide a public house at ground floor level. The basement of the extension would now be much reduced in size compared with the approved scheme, providing a bottle store and two small sealed cellars, all accessed through the Douglas side of the development. The floors above would provide separate office space. The extension would project 15.5m to the side of the Douglas Hotel and would be 21m to 18.2m in length. The extension would wrap around the Douglas Hotel by 10.5m and would be between 6m and 10.2m in depth. The height of the extension, when viewed from the North Quay, would be 15.1m and 15.6m to the ridge. The height of the extension, when viewed from the rear, would be 14.5m and 15.6m to the ridge.

1. The materials to be used for the extension would be as follows:

• Roof – Natural slate
• Walls – smooth painted render
• Windows – painted hardwood
• Shopfront – sliding folding partition in hardwood

1. The materials to be used on the Douglas Hotel would be as follows:

• Roof – New Natural slate roof
• Walls – repair and repaint original render
• Windows – repair and restore existing timber windows. Where windows found to be beyond repair, removal to be agreed with the Conservation Officer and identical replica replacement units to be installed.
• Entrance door- repair and restore existing timber door.

Planning Status And Relevant Policies

1. The Douglas Local Plan designates the site as being within an area of Predominantly Shopping. The site is also within the Douglas (North Quay) Conservation Area 1990. Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: Strategic Policy 4, General Policy 2, Business Policies 7 and 8, Environment Policies 32, 33, 35, 39 and 41.

Business Policy 7 states:

"New office space should be located within 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".

Business Policy 8 states:

"New office buildings 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."

Environment Policy 32 state:

"Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."

Environment Policy 33 states:

"The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest."

Environment 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."

Environment Policy 39 states:

"The general presumption will be in favour of retaining buildings which make a positive contribution to the character and appearance of the Conservation Area."

Environment Policy 41 states:

"The Department will require that archaeological evaluations be submitted prior to the determination of proposals affecting sites of known or potential archaeological significance. In cases where remains are affected but preservation in-situ is not merited, the Department will expect to secure excavations and/or recording in advance of construction work either by the imposition of suitable conditions attached to a planning permission or through a formal agreement entered into with the developer."

Section 16(3) of the Town and Country Planning Act 1999 states:

"In considering whether to grant planning approval for development which affects a registered building or its setting, or whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses."

Section 18 (4) of the Town and Country Planning Act 1999 states:

"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."

Within Planning Policy Statement 1/01, the following policies are considered to be relevant in the determination of this application: Policy RB/5, CA/2 and CA/6

Policy RB/5 states:

"In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses."

"Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals."

"Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative effect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

Policy CA/2 states:

"When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application."

"Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."

Planning History

1. The following previous applications are considered relevant in the consideration of this application:

99/00824/B - Creation of new fire escape, The Douglas Hotel, North Quay, Douglas – granted

00/01330/B - Conversion of public house to offices – refused at appeal

00/2389/B – Alterations and refurbishment of public house with extension into adjoining retail unit and creation of two additional living units on upper level – granted

03/01111/B – Alterations to, and amalgamation of three properties to form a public house and residential hotel – granted

04/01754/CON - Registered building consent for alterations to, and amalgamation of three properties to form a public house and residential hotel - (in association with PA 03/01111/B) - Split Decision

08/00132/GB – Alterations and retention of Douglas Hotel and the demolition and redevelopment of The Farmers and Clarendon Hotel to include creation of five self contained apartments – refused on 15th August 2008

The reasons for refusal were as follows:

"The proposed demolition of the Farmers building and the Clarendon Hotel would be contrary to Policy CA/6 of Planning Policy Statement 1/01 and Environment Policies 35 and 39 of the Isle of Man Strategic Plan 2007 in that no proper assessment has been carried out and submitted to assess the merits/justification for the demolition of the building. It is therefore considered that the demolition of the building would adversely affect the character and appearance of the Conservation Area."

"The proposals for the Douglas Hotel would be contrary to Environment Policies 32 and 33 of the Isle of Man Strategic Plan 2007 and Policy RB/5 of Planning Policy Statement 1/01 in that the proposed works are not sympathetic to the registered building, which does not protect or enhance the character of the registered building. Furthermore, the application does not provide sufficient evidence to justify the level of works required in order to renovate the building."

"The proposed extension to the Douglas Hotel would be contrary to General Policy 2 and Environment Policies 32 and 35 of the Isle of Man Strategic Plan 2007 and Planning Policy Statement 1/01 by reason of its height, design, massing and external appearance in that the extension will not preserve or enhance the character and appearance of the Conservation Area, which will be detrimental to the visual amenities of the locality, and will impact on the setting of a Registered Building."

08/00133/CON – Registered Building Consent for alterations to Douglas Hotel – Refused 15th August 2008. The reasons for refusal were as follows:

"The proposed alterations would be contrary to Environment Policy 32 of the Isle of Man Strategic Plan 2007 and Policy RB/5 of Planning Policy Statement 1/01 in that the proposed works are not sympathetic to the registered building, and do not protect or enhance the character of the registered building. Furthermore, the application does not provide sufficient evidence to justify the level of works required in order to renovate the building."

10/00963/GB - Alterations and part demolition of the Douglas Hotel and demolition and redevelopment of remainder of site to create offices, public house and microbrewery. Permitted.

10/00964/CON - Registered Building Consent for alterations, part demolition and extension to Douglas Hotel and demolition of remainder of site to create offices, public house and microbrewery. Permitted.

Representations

1. Douglas Borough Council does not object to the application. Their drainage section has also expressed no objection to the scheme.

1. The Department of Infrastructure Highways Division does not oppose this application. A previous issue regarding a door which was proposed to open outwards over the pavement has now been resolved through the reduction in the size of the internal stairwell and the fact that access to the basement is no longer required from within the new extension.

1. The Manx Electricity Authority advises the applicant to contact them to discuss electricity connection.

Assessment

1. The assessments undertaken in the consideration of the approved applications (10/00963/GB and 10/00964/CON) for this site are highly relevant to this case given that the amendments to that scheme now proposed are relatively minor. The report of the planning officer that dealt with those applications is set out below from Paragraphs 17 - 62.

1. The assessment of this application can be split into two distinctive elements. These are:

a. the acceptability of demolishing a building within a Conservation Area and its impact within the context of the Conservation Area; and

b. the acceptability of the replacement building within the context of the Conservation Area.

1. Firstly, it is important to consider Environment Policy 39 of the Isle of Man Strategic Plan 2007 which states that "The general presumption will be in favour of retaining buildings which make a positive contribution to the character and appearance of the Conservation Area."

1. Policy CA/6 of Planning Policy Statement 1/01 (PPS 1/01) provides further guidance in how to assess this application. The policy states "Any building which is located within a conservation area...may not be demolished without the consent of the Department... When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character and appearance of the conservation area...It will be essential for the Department to be able to consider the merits of any proposed development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, in particular of the wider effects of the demolition on the building's surroundings and on the conservation area as a whole."

1. Therefore, the application should be assessed against similar criteria to that as set out in Policy RB/6 of PPS1/01. It is useful to understand what criteria are used in Policy RB/6. The policy sets out the following considerations:

a. "The condition of the building, the cost of repairing and maintaining it in relation to its importance and to the value derived from its continued use. Any such assessment should be based on consistent and long-term assumptions. Less favourable levels of rents and yields cannot automatically be assumed for historic buildings and returns may, in fact be more favourable given the publicly acknowledged status of the building. Furthermore, historic buildings may offer proven performance, physical attractiveness and functional spaces that in an age of rapid change may outlast the short lived and inflexible technical specifications that have sometimes shaped new developments. Any assessments should take into account possible tax allowances and exemptions. In rare cases where it is clear that a building has been deliberately neglected in the hope of obtaining consent for demolition, less weight should be given to the costs of repair;"

b. "The adequacy of efforts made to retain the building in use. An applicant must show that real effort has been made, without success, to continue the present use, or to find new uses for the building. This may include the offer of the unrestricted freehold of the building on the open market at a realistic price reflecting the building's condition."

c. "The merits of alternative proposals for the site. Subjective claims for the architectural merits of a replacement building should not justify the demolition of a registered building. There may be very exceptional cases where the proposed works would bring substantial benefits for the community; these would have to be weighed against preservation. Even here, it will often be feasible to incorporate registered buildings within new development, and this option should be carefully considered. The challenge presented by retaining registered buildings can be a stimulus to imaginative new designs to accommodate them."

1. The applicant's agents have provided a Structural Engineer's report which summarises the structural condition of the Douglas Hotel, Farmers and the Clarendon Hotel.

1. The report states that the structural condition of the buildings is as follows:

Roof – The existing roofs are of traditional purlin and rafter construction with a single truss at mid span, however the attic floor is uneven. There is evidence of water ingress which has resulted in damp rot to the ends of the majority of the structural timber members.

Upper floors – The existing floor are tongue and groove with timber joists at 300c/c to 400c/c, there is evidence of unevenness and distortion of the existing floors, which is likely to be related to the numerous alterations carried out over many years.

The steelwork to the openings to the Farmers is visible and can be seen to be in a poor condition, starting to delaminate in several areas. It is reasonable to assume that the unexposed steelwork within the Clarendon is of a similar condition.