Officer Report

Application No.: 15/01314/B Applicant: Kirindolam 1 Limited Proposal: Sub-division of existing Restaurant / Tavern to create two separate units complete with an outside seating area Site Address: 1, 2 & 3 Clinch's Site North Quay Douglas Isle of Man IM1 4LJ Case Officer : Miss Jennifer Chance Expected Decision Level: Officer Delegation

Officer’s Report

Site

1.1 The site is comprised of 1 and 2 Bank Hill and, plus Clinch's Tower on North Quay. It should be noted that the numbering of the units on Bank Hill have been different on previous application submissions and relates more to how the property is marketed/used rather than its postal address. Clinch's Tower is Registered. The site lies within the North Quay Conservation Area. The building form part of a wider complex that is used for a variety of purposes such as restaurants, shops and services. The site is on the corner of a relatively busy junction where there are restrictions on parking. The proposal - 2.1 The application proposes to divide the existing restaurant/tavern into two separate units as the existing unit is seen as being too large for prospective tenants. The division itself does not require planning approval, however it does involve some external alterations. These include replacing emergency exit doors and glazed side panel and replacing it with a new glazed timber entrance door and frame. On the courtyard side of the building, a window would be removed and replaced with a door, and on the lower ground floor of the courtyard area a door would be replaced with a window. There are minor alterations in relation to the tower, which include the removal of a modern column that supported an internal opening on the lower ground floor, and the widening of an internal opening on the upper ground floor. The proposal also involves the removal of the internal staircase and the wooden and glazed partition adjacent to it. Internal works around the tower are deemed to not to affect its character as a building of special architectural or historic interest and consequently an application for Registered Building Consent has not been considered necessary. It should be noted from the planning history below, that this is consistent with previous proposals for alterations. Planning History - 3.1 Approval was given for alterations to form a coffee shop and/or restaurant with outside seating area last year for part of the application site and part of the unit next door (described as 4,5, and 6 Bank Hill (but compares to units 1,2, and 3 Bank Hill as part of this application.

3.2 Prior to this approval was given for the conversion of existing office accommodation to an apartment (14/00946/B). Earlier approvals were for change of use of residential to office. These were at Clinch's Tower. RB applications were not considered necessary as the works only involved alteration of modern additions (removal/insertion of new partition walls).

3.3 In 1986 an application was submitted for the construction of office building, shops and showroom development and 4 flats at the Clinches Brewery building 86/01417/B, and prior to this approval was given for internal and external works under 86/01395/B. (Clinches Brewery was Registered in 1985) - 3.4 Other applications relate to the whole of the complex for various uses but are not relevant here. Development Plan policies

4.1 The site is designated as Mixed Use (Town Centre) in the Douglas Local Plan 1998.

4.2 Relevant Strategic Plan Policies include General Policy 2 which seeks all development to have satisfactory amenity standards; Environment Policy 22 that seeks to prevent unacceptable environmental impact such as noise and odour; Environment Policy 32, 33 and 35 that seeks to protect Registered Buildings and to Preserve or Enhance the character and appearance of the Conservation Area, and - 4.3 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' are also relevant.

Representations

5.1 Douglas Borough Council: No objection

5.2 Highway Services: Do not oppose

Assessment

6.1 The works are in a long line of applications that seek to alter the layout of the interior of the Tower. As a result of this, there is very little of the original fabric left save perhaps, or the walls and floors and it is entirely likely that the floor structure has similarly been compromised as this was often the case in works carried out during the 1980s on the Island. As a result of this, proposals such as those in this application seldom have an impact upon the character of the Registered Building which in this case, can be considered to be the exterior only.

6.2 The proposal is wholly non-contentious. The site has been used for this purpose previously, the external alterations are relatively minor, and in any case are sensitive, and there is no adverse impact on the Registered Building. The premises have been vacant for a little while now, and need to be re-used in order for the building to remain healthy.

Party status (Standard Planning Application)

7.1 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 of Infrastructure; and
• (e) The local authority in whose district the land the subject of the application is situated.

1. In addition to those above, article 6(3) of the Order requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

In this instance there are none.

Recommendation Recommended Decision: Permitted

Date of Recommendation:

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.

This approval relates to drawings: 1, 2,3, 4, 5 and 6 all received on 2 December 2015.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 23.02.2016 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

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