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17/00359/CON Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00359/CON Applicant : Heron & Brearley Limited Proposal : Alterations to railings to enable their temporary removal annually between 1st April and 30th September so that area can be used as external seating area - Registered Building 186 (in connection with planning application 17/00358/GB) Site Address : Douglas Hotel (Douglas Chambers) North Quay Douglas Isle Of Man
Case Officer : Miss Abigail Morgan Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE SITE 1.1 The application site is the Former Douglas Hotel located on the North Quay, Douglas, which is located in the North Quay Conservation Area. To the east of the site is the Clarendon Hotel which has recently become restaurant (The Clarendon now also Barbary Coast) with an outside seating area. To the 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).
2.0 THE PROPOSAL 2.1 Full planning approval and registered building consent is sought for alterations to the existing railings to enable their temporary removal annually between 1 April and 30th September to enable the area to be used as part of the external seating area at Barbary Coast.
2.2 The railings, when in use, will be secured by a bracket to the adjacent building and the existing rendered plinth and slot into holes in the pavement.
2.5 This application is accompanied by planning application 17/00358GB.
3.0 PLANNING HISTORY 3.1 The site has been the subject of a number of redevelopment proposals over recent years. The most relevant to the determination of this application are;
15/00610/B and 15/00611/D - the creation of an outdoor seating area, with associated paraphernalia and adverts (Barbary Coast). APPROVED
15/00671/GB AND 15/00672/CON - installation of railings. APPROVED
4.0 PLANNING POLICIES
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17/00359/CON Page 2 of 5
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. "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."
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."
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5.0 REPRESENTATIONS 5.1 17/00358/GB- DOI Highway Services
The proposal is to remove railings on the boundary of the Douglas Hotel to allow the existing pavement cafe area to be extended onto private land.
Highway Services do not oppose this application. 27.04.2017
5.2 Douglas Borough Council - no objection on either 17/00358/GB or 17/00359/CON. 18.04.2017
5.2 No other representations were received for either application.
6.0 ASSESSMENT 6.1 The report for both applications 17/00358/GB and 17/00359/CON is the same due to the nature of the application. These applications seek approval for the temporary removal of the railings approved under 15/00671/GB AND 15/00672/CON for the period April to September to allow the area to become part of the existing outdoor seating area.
6.2 The key issues to take account of are the extent to which the proposal would preserve or enhance the character or appearance of the Conservation Area and any impact on the Douglas Hotel, which is a registered building. This application was written in consultation with the Conservation Officer.
6.3 The North Quay has been the subject of numerous applications in recent times including 02/01905/B and 06/00655/B which dealt with the improvements to the quayside including the emphasis on the use of the quay for outdoor seating associated with the Public Houses and cafes along the quay. The quayside properties have responded well to this in recent years with a number of properties, including The Barbary Coast attached to The Douglas Hotel, seeking and receiving formal approval for outdoor seating areas. This has positively added to the vibrancy of the quayside as a destination.
6.4 This application seeks to extend that pavement usage to the frontage of The Douglas Hotel, a Registered Building and Public House. In doing so, it would involve the temporary removal of the railings during the peak times of the year returning essentially for the winter months (1st April to the 30th September). Of consideration here, is the previous approved applications 15/00671/GB and 15/0672/CON for the installation of railings.
6.5 The Planning Officer for the previous applications (15/00671/GB and 15/0672/CON) set out in their report that "The functional purpose of railings was to mark property boundaries and provide security, and to prevent people from falling into the basement light well - a common feature of Georgian and Victorian buildings. Therefore railings at the Douglas Hotel would not appear out of place on a building of this era and can provide a traditional and attractive form of boundary enclosure. This application is to extend the existing railings to the full width of the building following the style of those already in place".
6.6 The removal of the railings for the stated period and the use of the land for outdoor seating is not considered to have a detrimental impact upon the character of the Registered Building and will not detrimentally affect its setting and would satisfactorily preserve the character of the Conservation Area.
6.7 Therefore it is considered that the proposal complies with the relevant planning policies from the Isle of Man Strategic Plan 2007 which are Strategic Policy 4, General Policy 2, Environment Policies 32 and 34 and Policies RB/3 and RB/5 Special Planning Considerations from Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man).
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7.0 RECOMMENDATION 7.1 On the basis of the above both applications are recommended for approved.
8.0 PARTY 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 , in this case, Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 05.06.2017
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
C 2. The railings shall reinstated between 1 October and 31 March each year.
Reason: In accordance with the application and because the proposed removal on a permanent basis would be unacceptable in this location.
This approval relates to drawings 1710-DH-001, 100 and 200 all date stamped received 29 March 2017.
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: 08.06.2017
Determining officer
Signed : C BALMER
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Chris Balmer
Senior Planning Officer
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