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12 December 2014 14/01289/CON Page 1 of 5 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/01289/CON Applicant : Heron & Brearley Proposal : Registered Building Consent conversion of ground floor retail space into three separate units for class 3 use (food and drink) and erection of external access ramp to front elevation (RB no 186 in association with 14/01288/GB) Site Address : Former Douglas Hotel /Clarendon Hotel North Quay Douglas Isle Of Man

Case Officer : Mr Edmond Riley Photo Taken : 27.11.2014 Site Visit : 27.11.2014 Expected Decision Level :

Officer Delegation

Officer’s Report

1.0 THE SITE

1.1 The application site is the recently re-built former Douglas and the former Clarendon Hotel located on the North Quay, Douglas, both of which are 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.

1.2 The Douglas Hotel is a substantial, four-storey, five-bay former public house, which was originally built in 1758 and is a Registered Building (RB 186). The Clarendon Hotel is a three-and-a-half-storey, five-bay property with dormer accommodation and bi-folding doors throughout the ground floor. It is not Registered.

2.0 THE PROPOSAL

2.1 Full planning approval is sought for the sub-division of the ground floor of the Clarendon Hotel into three separate "Class 3" (food and drink) units (in association with 14/01288/GB). This would result in the frontage of the Clarendon having two Class 3 units presenting to the Quay itself, with one of those units also presenting to the car park at the side. The final unit would present wholly to the rear. This third unit, which is proposed to be used as a coffee shop, is the smallest at 80sqm, while the other two units would be 122sqm and 129sqm. Each unit would have independent kitchens and bathrooms. The agent for the application indicates that there is already in place a duct for kitchen extract ventilation.

2.2 Also proposed is the formation of a wheelchair access ramp to the front of the Douglas Hotel, which would be served by a new door in the side elevation of the Clarendon Hotel. The ramp would be masked from view by a dwarf wall with railings atop. These railings would match those already present on the Douglas Hotel, while the door would be of an identical style to one of the bi-folding units in place on the Clarendon Hotel, albeit that no material or colour finishes are provided as part of the application. The agent also advises that this ramp is within the applicant's ownership and does not fall on land within the public highway.

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12 December 2014 14/01289/CON Page 2 of 5 2.3 Although the application description states that the approved use for the ground floor is retail, the Planning Approval and Registered Building Consent issued for the construction of the Clarendon Hotel are clear that a public house was to be provided at the ground floor. This discrepancy is unfortunate but not considered likely to have disadvantaged anyone during the course of the application's consideration.

3.0 PLANNING HISTORY

3.1 The site has been the subject of a number of redevelopment proposals over recent years, the most recent of which were implemented (11/01383/GB and 11/01384/CON). At the time of the site visit, works were nearing completion and a number of the upper floor rooms were clearly already let for business use.

3.2 More recently, Planning Approval and Registered Building Consent were issued for the installation of five flags on and two adjacent the buildings under 14/00616/GB and 14/00617/CON.

4.0 DEVELOPMENT PLAN POLICIES

4.1 The application site is located within an area of "Predominantly Shopping" it's identified as Registered Building (RB 186) and within a Conservation Area on the Douglas Central Local Plan, 1998.

4.2 As the property is located within the North Quay Conservation Area designated in 1990, the relevant planning policies from the Isle of Man Strategic Plan 2007 are Strategic Policy 4, Environmental Policies 32 and 35 and Policies RB/5 ALTERATIONS AND EXTENSIONS and CA/2 SPECIAL PLANNING CONSIDERATIONS of Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) are also considered to be relevant to determining this application.

4.3 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."

4.4 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."

4.5 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."

4.6 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.

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12 December 2014 14/01289/CON Page 3 of 5 "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."

4.7 Policy CA/2 - Special Planning Considerations 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 No representations have been received.

6.0 ASSESSMENT

6.1 The proposal involves a significant internal alterations and a fairly minor external alteration. The key assessment point is whether or not these separate elements would preserve or enhance the Conservation Area in which they sit, and whether or not the external alterations would have a harmful effect on the Registered Building in front of which the ramp, wall and railings would sit.

6.2 Turning first to the internal alterations, perhaps the key issue would be that of parking and whether or not three Class 3 units would have different parking needs or access issues. In the first instance, it is noted that Highway Services had no objection to the accompanying planning application. There does not seem to be any good reason to go against this position; the site is located adjacent a significant number of public parking spaces and while there would be a few more employees as a result of the proposal, it is not considered that this increase would be significant enough to warrant the application's refusal.

6.3 Equally, there would also be additional comings and goings in the form of delivery vans were the proposal implemented relative to the approved single unit. Again, however, while this would potentially be a tripling of vehicle movements in terms of delivery vehicles, these would only be likely to arrive once or twice per day and could not be considered to result in a significant alteration to the approved situation. It is therefore concluded that the application is acceptable on highway grounds.

6.4 Turning to the physical works proposed, it is in the first instance noted that the Design & Conservation Officer offered no objection to the application at the pre-application stage. The proposed side door might be considered a little awkward given the already-significant number of openings and glazing found on the building's carefully-considered ground floor

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12 December 2014 14/01289/CON Page 4 of 5 frontage, but it is also true that the new door would sit on a side elevation just proud of the Douglas Hotel and would only be readily visible when viewed from the west. It is therefore considered that an objection to this element of the proposal could not be sustained.

6.5 The proposed dwarf wall and railings are acceptable; there is currently a similar - albeit slightly lower - wall to the front of the Douglas Hotel, and there are railings attached to this and also alongside two small but robust pillars. The proposal to reflect both of these elements is broadly welcomed. The ramp itself would be finished in block paving and this, too, is welcome.

7.0 RECOMMENDATION

7.1 On the basis of the above, it is considered that the two elements of the proposal would satisfactorily preserve, or perhaps even have a neutral effect on, the Conservation Area and also would not detrimentally affect the setting of the Registered Building. It is therefore recommended that the application be approved.

7.2 In the absence of complete information, it is recommended that a condition be applied to ensure the dwarf walls are painted the same colour as those fronting the Douglas Hotel and retained as such thereafter.

8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following are automatically interested persons:

(a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application; (c) Manx National Heritage; and (d) The local authority in whose district the land the subject of the application is situated.

Recommendation

Recommended Decision:

Permitted

Date of Recommendation:

12.12.2014

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.

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12 December 2014 14/01289/CON Page 5 of 5 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.

C 2. The dwarf walls hereby approved shall be painted in a colour to match the existing dwarf walls found on the adjacent former Douglas Hotel (Registered Building no.186).

Reason: In the interest of the character and appearance of the site and the Conservation Area in which it sits, and in order to ensure the satisfactory preservation of this Registered Building.

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This consent relates to the following plans and information, date-stamped as having been received 10th November 2014: 1421-DC-100, 1421-DC-101, 1421-DC-102, 1421-DC-201, 1421-DC-202 and the Planning and Design Statement v1.

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 : ...15/12/14.

Determining officer (delete as appropriate)

Signed :... Chris Balmer

Senior Planning Officer

Signed :... Sarah Corlett

Senior Planning Officer

Signed :...M Gallagher.. Michael Gallagher

Director of Planning and Building Control

Signed :... Jennifer Chance

Head of Development Management