Officer Report

Application No.: 14/00831/CON Applicant: Douglas Borough Council Proposal: Registered Building consent for the conversion of premises for educational and public cultural events in addition to existing retail use (in association with 14/00830/GB) Registered Building Nos. 120 Site Address: Douglas Market Hall Market Hill / North Quay Douglas Isle Of Man IM1 2BH Case Officer : Mr S Moore Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The site is the curtilage of the Market Hall on the western side of the junction of Market Hill and the Douglas North Quayside in Douglas. - 1.2 The property is a single storey Victorian market building and is Registered Building number 120 located within the North Quay Conservation Area. - 1.3 The following is an excerpt from the registration documentation:

"Situated on north quay the structure consists of a cast iron pavilion with glazed walls and a slate roof. The expression of the structural frame is functional and the elaborate detailing of non-structural panels creates a human scale and an "atmosphere" appropriate to tourism. The entrances are marked by decorated protruding canopies and the upper level of the roof is broken for a ventilation 'ridge chamber' again marked by an elaboration of ornament at the eaves and ridge."

2.0 THE PROPOSAL - 2.1 The application seeks Registered Building Consent for the conversion of the premises for educational and public cultural events in addition to existing retail use (in association with 14/00831/CON)

3.0 PLANNING HISTORY - 3.1 The following previous applications are considered to be specifically material in the assessment of the current application:

10/01072/CON - Registered Building Consent for the replacement of lead work to roof and box gutters, removal of decorative lighting and associated equipment, re siting of power cables and repair works to lantern roof lights (RB no 120) - Application Permitted

09/01122/CON - Registered Building consent for refurbishment works to existing toilet facilities. Registered Building Nos. 120 - Application Permitted

09/01068/CON - Registered Building Consent for the installation of replacement windows (RB no 120 in association with 09/01066GB) - Application Permitted

09/01066/GB - Installation of replacement windows (In association with 09/01068CON) Application Permitted

08/01370/C - Creation of an outdoor seating area - Application Refused - Appeal Withdrawn 08/01111/CON - Registered Building Consent for the installation of replacement roller shutter doors (In association with 08/01110GB) - Application Permitted 08/01110/GB - Installation of replacement roller shutter doors (In association with 08/01111CON) - Application Permitted 03/00672/GB - Re-roofing of building - Application Permitted

4.0 PLANNING POLICY - 4.1 The site is identified as being within a "Predominantly Shopping" Map 1 (Central) within the Douglas Local Plan 1998. - 4.2 As Market Hall is a Registered Building (RB 120) and is located within the Douglas North Quay Conservation Area designated in 1990, the relevant planning policies from the Isle of Man Strategic Plan 2007 (20th June 2007), are Strategic Policies 1 and 4, General Policies 1 and 2, Environment Policies 32 and 35, Community Policy 5 and Policies RB/3, RB/4, RB/5 and CA/2 of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man). Strategic Policy 1 states: "Development should make the best use of resources by:

• (a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings, and re-using scarce indigenous building materials;
• (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space(1) and amenity standards; and
• (c) being located so as to utilise existing and planned infrastructure, facilities and services." Strategic Policy 4 states: 'Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest;
• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and
• (c) not cause or lead unacceptable environmental pollution or disturbance.'

• General Policy 1 states:

• 'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.'
• General Policy 2 states:

"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;
• (l) 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." Environment Policy 32 states:

"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 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."

Community Policy 5 states:

"Permission will generally be given for proposals to improve or extend existing schools and institutions of higher education and to build new schools, subject to their being sited and designed in accordance with the other policies of this plan, having particular regard to the potential for community use of the buildings and the associated Open Space."

• Policy RB/3 General Criteria applied in considering Registered Building Applications states: "General criteria applied in considering registered building applications

The issues that are generally relevant to the consideration of all registered building applications are:-

• o The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;
• o The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register;
• o The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings)."

• Policy RB/4 - USE states:

"In considering a proposal for change of use of a registered building, the principal aim should be to identify the optimum viable use that is compatible with the fabric, interior and setting of the building, all of which affect its special character as a building of merit. An applicant will have to illustrate that the effect of any proposed changes upon the architectural and historic interest of the building will be minimised."

• Policy RB/5 - Alterations and Extensions 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 affect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

Policy CA/2 - Special Planning Considerations as set out within Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man 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."

5.0 REPRESENTATIONS - 5.1 Douglas Borough Council considered the application and 'have no objection'. - 5.2 The Department of Infrastructure Highways Services Division 'do no object'.

- 6.1 ASSESSMENT

6.1 The application seeks Registered Building Consent for the conversion of the premises for educational and public cultural events in addition to existing retail use (in association with 14/00831/CON). - 6.2 The Market Hall currently houses market stalls, public toilets and a café. - 6.3 The proposals will create areas for; Exhibition Space, Storage, Print Press Room, Laser Cutter Room, Wet Process Room, Digital Suite 3D Printer Room, Digital Suite as well as using the existing office space. - 6.4 The applicants offer the following justification in respect of the proposals:

"Douglas Market Hall is owned and managed by Douglas Borough Council. Over the last few years the number of stall holders has diminished despite efforts to breathe life back into the building using short term weekend events. As a consequence, the Council sought expressions of interest in 2012 for organisations interested in operating the market on the Council's behalf. Unfortunately, none of the expressions of interest to operate the market were completely satisfactory; however the Council was interested in the proposal received from the College to use the building as the base for delivering their expanded art, design and digital media degree courses. This use would allow the two existing longstanding tenants, the butcher and cafe operator to remain in place and increase footfall and use of the building during the week in term time but still allow community events, including markets at weekends and holiday periods.

The public will still be invited to visit the building during the week in order to visit the butcher and cafe and to integrate with the students. Risk assessments will be undertaken for specific activities that do not lend themselves to public integration. "

6.5 The physical works necessary to the building to accommodate the new use are relatively minor; a vent needs fixing into one of the windows to vent the Laser Cutter and internally, the removal of a partition to enlarge an area for the Digital Suite. The vent is accommodated within one of the multi-pane arched headed sections of one of the windows on the West elevation, facing the side alley. This will have a minimal impact upon the Registered Building and the wider Conservation Area, will be readily reversible at a later date and is correspondingly acceptable. The partition is a modern item and of not architectural or historic interest. In so doing, these proposals are considered to comply with the basis of Environmental Policies 32 and 35 and policies RB/5 and CA/2 of Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man.

6.6 The central built-in tables will need to be removed to provide a central clear space for the students and teachers alike. The existing tables are of no architectural or historic interest and their removal is of no concern. - 6.7 It is clear from the evidence submitted by Douglas Borough Council and associated site visits that the Market Hall is struggling with many stalls closed and empty. The butcher's and Harry's Café will remain as they are thriving businesses, but the proposed new uses could bring the remainder of the building back into a fuller use and add vibrancy to the Quayside. In so doing, it is considered that these comply with Community Policy 5, in that they improve and extend the higher education facilities in Douglas. As the proposals utilise a proven underused building, they are also considered to comply with the Strategic Policy 1, specifically (a). - 6.8 It is noted that Highways Services Division have not objected to the application. Appendix 7 of the 2007 Strategic Plan is not helpful in this respect either as it does not include specific Car Parking Standards for Education use. There is however, a caveat that allows for relaxations to the standards where development:

• (a) Would secure the re-use of a Registered Building . . . . or
• (b) is a benefit to the character of a Conservation Area

As the Market Hall is both Registered and located within the North Quay Conservation Area, ensuring a viable use is vitally important in its long term upkeep.

It is worth noting that the building has been in use by market traders with their associated requirements for drop off and loading. Also of consideration, is that the site is Town Centre, the Lord Street Bus Station is less than a 100m from the site with public car parking available between the Bus Station and the quayside, with short stay car parking on the quay itself.

6.9 As the site is identified as being within a "Predominantly Shopping" in Map 1 (Central) within the Douglas Local Plan 1998, there is some disconnect between the zoning and the proposed use. However, Policy RB/4 - USE of Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man is a consideration here "the principal aim should be to identify the optimum viable use that is compatible with the fabric, interior and setting of the building, all of which affect its special character as a building of merit." In this instance, there has been a demonstrable decline in its use as a market in recent years and the proposed use should provide viability for it future. Keeping a building in use is vitally important for the upkeep of the building as empty buildings deteriorate quicker. - 6.10 In conclusion, the conversion of the Market Hall for educational and public cultural events in addition to existing retail use is considered to be an enhancement to the Registered Building and the Douglas North Quay Conservation Area within which it is located. The proposals are considered to accord with Strategic Policies 1 and 4, General Policies 1 and 2, Community Policy 5, Environment Policies 32 and 35 from the Isle of Man Strategic Plan 2007 (20th June 2007) and Policies RB/3, RB/4, RB/5 and CA/2 of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) and is therefore considered acceptable.

- 7.0 RECOMMENDATION

7.1 For the above reasons the application is considered to be acceptable and is recommended for approval. - 8.0 PARTY STATUS:

8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, or any other person in whose interest the land becomes vested, as their comments have been deemed material; Highway Services, and Douglas Borough Council in whose district the land the subject of the application sits.

Recommendation

Recommended Decision: Permitted

Date of Recommendation:

06.08.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

C 1. The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent.

Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.

This approval relates to Drawing No.1 'Location Plan', Drawing No.2 'Site Plan', Drawing No.3 'Floor Plan', Drawing Number 140521GM 'Plan overview IoM College', Document entitled 'Accompanying Notes for drawing No. 140521GM', Drawing Number MH01 'Existing and proposed west elevation', Photographic Survey and 'Supporting Statement' all date stamped 14 July 2014.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : 10th September 2014 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Signed :…………………………………….. Sarah Corlett

Senior Planning Officer Senior Planning Officer Signed : Michael Gallagher Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management