Officer Report

Application No.: 15/01029/GB Applicant: Crema Limited Proposal: Conversion of existing retail premises to a coffee shop including blocking up existing entrance door and installation of new entrance door (in association with 15/01030/CON) Site Address: 18A-20 Victoria Street Douglas Isle Of Man IM1 2LE Case Officer : Mr Jason Singleton Expected Decision Level: Officer Delegation

Officer’s Report APPLICATION SITE

1.1 The site represents the curtilage of the Former Burtons Building, 20 Victoria Street, Douglas which is situated on the corner of Duke Street and Victoria Street in the heart of Douglas Town Centre. The building is three storeys and has a flat roof at the top level on which there is a lantern light. The façade is notable for being faience in the Art Deco Style favoured by and synonymous with, Montague Burton and his Burton's stores in the early 20th century. - 1.2 The site lies within an area designated on the Douglas Local Plan of 1998 as Predominantly Shopping and within the Athol Street/Victoria Street Conservation Area designated in November

1. The building is Registered (RB223). THE PROPOSAL

2.1 This application seeks planning approval for the change of use of the ground floor from offices to a coffee shop (RB no 223 in association with 15/01030/Con). - 2.2 Part of the application is to create an entrance on the corner of the building and to install a new single frameless glass door to provide access into the building. The existing entrance doors to the building are to be retained but solely for access to the offices on the upper floors. Internally are a series of modifications to remove the timber studded walls as previously installed by the former tenants and propose new fixtures and fittings to include fixed seating, toilet facilities, staff facilities, counters and work tops associated with the operation of a coffee shop. PLANNING HISTORY

3.1 The following applications are considered relevant:

15/00060/CON - Registered Building Consent for the installation of replacement first and second floor windows (RB no 223 in association with 15/00059GB)

15/00059/GB - Installation of replacement first and second floor windows (in association with PA 15/00060 CON) Registered Building Nos. 223 Approved

13/00710/CON - Registered Building Consent for change of use and internal works to former coffee bar to form office space for educational purposes ( RB no 223 in association with 13/00709/GB) Registered Building Nos. 223 Approved

13/00709/GB - Change of use and internal works to former coffee bar to form office space for educational purposes (in association with 13/00710/CON) Registered Building Nos. 223 Approved 13/00517/CON - Registered Building consent for the installation of replacement windows to first and second floors (In association with 13/00516/GB) Registered Building Nos. 223 - Refused

• 13/00516/GB - Installation of replacement windows to first and second floors (In association with
• 13/00517/CON) - Refused

11/00402/CON - Registered Building Consent for the erection of advertising signage (Registered Building no 223 in association with 11/00401D) - Approved

11/00401/D - Erection of advertising signage (in association with 11/00402CON) - Approved

• 10/01904/CON - Registered Building Consent for internal alterations to ground floor unit (RB no 223 in association with 10/01903GB) - Approved

• 10/01903/GB - Change of use of existing retail premises to an office /estate agency (in association with 10/01904CON) - Approved
• 11/00059/CON - Registered Building Consent for erection of advertising signage (RB no 223 in association with 11/00058D) - Approved

• 11/00058/D - Erection of advertising signage (in association with 11/00059CON) - Approved

07/00146/CON - Registered building consent for alterations and installation of a lantern sky light (In association with 07/00145/GB) Registered Building nos 223 - Approved 07/00145/GB - Alterations and installation of a lantern sky light (In association with 07/00146/CON)

• Approved DEVELOPMENT PLAN POLICIES

4.1 In terms of local plan policy, the application site is an area designated as an area of predominantly shopping use under the Douglas Local Plan Order 1998 Map No. 1 (Central Area).

As the former Burtons Building, 18a - 20 Victorian Street is a Registered Building located within the Athol Street/Victoria Street Conservation Area designated in November 2007, there are a number of relevant planning policies from the Isle of Man Strategic Plan 2007 are considered specifically material to the assessment of this current planning application;

4.2 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."

4.3 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:

• (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; (g) does not affect adversely the amenity of local residents or the character of the locality;

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 34 states: "In the maintenance, alteration or extensions of pre-1920 buildings, the use of traditional materials will be preferred." - 4.6 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." - 4.7 "Planning Policy Statement 1/01 RB/3: General Criteria Applied in Considering Registered Building Applications. The issues that are generally relevant to the consideration of all registered building applications are:

• 1. 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;
• 2. 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;
• 3. 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)."
• 4.8 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."

4.9 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. - 4.10 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."

REPRESENTATIONS

5.1 Douglas Borough Council has not commented on the proposals.

5.2 Highways Services had objected against the proposed works to the carriageway (09.10.2015)

5.3 Isle of Man Constabulary has Recommends trading hours are controlled (25/09/15), on the basis that food and drink uses that are open late in the evening can attract ani-social behavious.

• The IoM constabulary do not suggest hours themselves but agree with the proposed times from the applicants.
• 5.4 An objection has been received on behalf of the owners of the neighbouring properties no's47 _ 49 Duke Street by an Architect explaining concerns over the lack of on site space designated for storage of refuse and any increase in the number of wheelie bins would restrict acceess to the rear service lane. Part of the objection is regarding outside seating area, however, the aspect of outside seating is not a consideration of this application.

ASSESSMENT

6.1 The fundamental issues to consider in the assessment of this planning application are;

• a) whether the development would detrimentally affect the character of the building as a building of special architectural or historic interest;
• b) whether the proposed use is appropriate, generally and for the Registered building; and
• c) whether the development 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.
• d) impacts on the highway.

• a) The existing building is Registered and as such any proposed changes to it require careful consideration to ensure that they would not harm its special interest. In this case, the front facade of the building retains its original features however the ground floor has been the subject of alterations internally. The existing ground floor internal configuration is not judged to be a special feature of the building, indeed it is considered that it could detract from the quality of the remaining building. It is judged that the proposed alteration to the corner to provide an access door, whilst being modern in design, is of a sufficiently high quality and would represent an enhancement to the existing building.
• b) The site is within an area of predominantly shopping use. Whilst the proposed use of the ground floor is not in strict compliance with this, it is judged to be a complementary use to the wider area. The changes proposed internally are not considered to be harmful to the registered building. The issue raised from the neighbouring property owner concerning the bin storage to the rear lane is a private issue between neighbours and not a material planning consideration.The existing ground floor has recently become vacant from an estate agency/office. The proposed cafe would allow the ground floor to be brought into use which may assist is providing long term investment and maintenance to the building. It is considered that the proposed use is acceptable.
• c) The existing front facade is a special feature of the Conservation Area; the use of large panes of glass above the marble plinth with minimal framing around the windows edge is unique. Proposed is a rather modern installation of a door utilising frameless glass with stainless steel fixings. The proposed corner addition of a door would be of a high quality and it is concluded that the proposals would not be detrimental to the conservation area or comprimise the special features of the building from the proposed development.
• d) The original scheme proposed to re-contour the existing paving to ensure a level threshold into the building addressing the difference in level between internal and external. Following consultation with the application and highways services amended details were provided, removing any intention to modify the highways and the change in level will be addressed internally building up the flooring and with the use of an internal ramped access will mitigate the sharpness of the fall in level. The proposed new access would be compliant with the new Disability Discrimination Act and the revised scheme is now considered acceptable.

RECOMMENDATION

7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2007 and is recommended for approval subject to conditions.

• INTERESTED PERSON STATUS
• 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons 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 or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
• (d) The Highways Division of the Department; and
• (e) The local authority, Castletown Commissioners in whose district the land the subject of the application is situated. No perty status recommended for private rep Kelly Lewthwaite JS/EJC 12/11/15

Recommendation Recommended Decision: Permitted Date of Recommendation: 16.10.2015 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No customers shall be served or remain in the building outside the following hours; Monday to Friday 0700 - 1900 Saturday 0800 - 1900 Sunday 0900 - 1800 Reason: In the interests of public amenity.

This approval relates to Drawing No's; 15/2481/02; 15/2481/02A; 15/2481/03; 15/2481/04A; 15/2481/05 and supplementary drawings; XF001; XF002; Foot Rail and photomontage dated 11th September and 15th October.

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 : 09.11.2015 Determining officer

Signed : J CHANCE Jennifer Chance Head of Development Management

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