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17/01081/GB Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/01081/GB Applicant : Market Hill Property Ltd Proposal : Door and window alterations, installation of flue and ventilation grills and external lighting (in association with 17/01082/CON) Site Address : Market Hall Market Hill Douglas Isle of Man IM1 2BH
Case Officer : Miss S E Corlett Photo Taken : 17.11.2017 Site Visit : 17.11.2017 Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 20.11.2017 __
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. Prior to the installation of any external ventilation grilles or louvres, details of these in terms of material, exact size and appearance and dimensions, must be approved by the Department and the development undertaken in accordance with these details.
Reason: The building is important and readily visible and such elements can produce an adverse impact if insensitively installed.
C 3. The colour of the sides and top of the proposed flues must be approved by the Department prior to the installation of the same.
Reason: The flues may detract from the appearance and character of the building if inappropriately finished.
Plans/Drawings/Information:
This approval relates to the following drawings:
177_01
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1010 1020 1050 1060 1061 3000A 3001C 3002C 3600 4000B 4001B 4002B 6000 6001 6010A 6012A.
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Interested Person Status - Additional Persons None
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Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE NATURE OF THE PROPOSALS
It should be noted that whilst the views of the Conservation Officer would usually have been sought and provided for an application which concerns not only a Registered Building but one within a Conservation Area, in this case, due to an expressed conflict of interest, the Conservation Officer is not able to comment on this application.
THE SITE 1.1 The site is the curtilage of The Market Hall, a building situated to the north of North Quay, to the east of Market Hill and to the south, across James Street, of "Spill the beans" coffee shop and to the east, across a lane from The British Hotel public house. The building is single storey with a lantern light in each of the two double pitched roofs which illuminate the internal ground floor space. There is basement space beneath which is accessed from the north via a set of external steps bounded by metal railings. There are pedestrian doors to the building on the north, east and southern elevations, all of which are visible from across the street: the western elevation faces the side of The British Hotel across a narrow and relatively dark lane.
1.2 The building's last use was as a market which incorporated areas for the sale of various types of goods and also a cafe. The building has been closed for some time.
1.3 The building is an interesting one, architecturally and it, together with the Legion Hall to the east and The British Hotel to the west form a very interesting group of buildings which mark one of the pedestrian routes to and from the Quay and a vehicular route from Lord Street to the Quay. The application building is registered (RB120) and this Registration covers both the application building and the Manx Legion building to the east. Both halls used to provide between them the markets for butchers (Market Hall) and butter, fish and vegetables (Legion Hall) and both built at the end of the 19th century, replacing the open air market which was previously in front of St. Matthew's Church.
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1.4 The least interesting elevation is the one which faces the British Hotel lane and this includes a round headed feature which has been changed from the round headed glazing found in the other features and has the top half so glazed but the lower part bricked up and with a pedestrian door and where there is a security camera and an alarm box slightly above has recently been removed. This elevation faces onto an area where the lane is finished in a mix of orange paviours with two black bollards are the North Quay end with the remainder finished in patched tarmac. The rear of the British Hotel, which is also within the Conservation Area although not a Registered Building, there is a large stainless steel flue which projects upwards from the first floor, a couple of brackets and a corrugated brown pipe which projects upward on the outside of the ground floor. The ground floor windows alongside have grilles and there is a fenced bin store to the side.
THE PROPOSAL 2.1 Proposed are works to renovate the building with an intended end use as a cycle sales and repair facility with cafe and the use of the basement for the storage of cycles in association with a cycle to work scheme with associated showers and plant associated with the operation of the building. The existing or authorised use of the building as for a mix of the sale of food including hot food for consumption on the premises (formerly Harry's Cafe) as well as retail use for a range of goods (its former use as a market) with the basement having originally been used for storage. The current proposal involves the same range of uses but with the intention to have the retail element focused on cycles and associated uses with ancillary usage for the repair of the cycles and associated services. The existing public toilets are to be retained. Whilst the proposals involve the creation of a mezzanine level within the building, as this does not involve any external change to the building, this is not considered to be development which needs to be controlled by a planning application (Town and Country Planning Act 1999 Part 2 Article 6(3)(a)(i), (ii) and (iii). As such, the application does not seek any change of use of the building nor any permission for the mezzanine floor.
2.2 The concurrent application for RB consent, 17/01082/CON, does not concern itself with any use of the building as this is not a provision of Part 3 of the Town and Country Planning Act 1999 which deals only with works, demolition, alteration or extensions of RBs and in more detail than a planning application would consider.
2.3 The applicant explains that whilst largely unaltered on the outside, the inside has lost the physical evidence of the centralised stalls which demonstrated how the building was originally used. The ground floor is open with many of the original details such as the cast ironwork and architrave surrounds to the windows although some of the windows have had ventilation grilles added. They explain that the building has struggled to find a viable use, most recently housing a Fine Art degree programme of UCM with a cafe, butcher's shop and public toilets. They describe the building as always having had a clear public access and usage and having a strong form with distinct features and interesting use of Peel sandstone: a functional building with elaborate detailing and with no comparable buildings on the Island.
2.3 The works proposed in this application are as follows:
the removal of a section of grey brickwork on the corner of the British Hotel lane and North Quay to re-instate a timber door with a solid bottom quarter and top three quarters mainly glazed and a fixed semi-circular fanlight above all within the existing aperture formed in an elaborate sandstone opening.
the removal of existing roller shutter doors on the North Quay, James Street and Market Hill entrances and their replacement with double doors of the same style as those described in 1 above but with a curved headed fanlight subdivided into eight lights.
the windows which currently have louvered ventilation and fluted glazing are to be reinstated without the vents and with clear glass and areas affected by rot are to be replaced.
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The windows serving the toilets on the James Street elevation and the windows serving the kitchen area on the British Hotel lane side are to have the fluted panes replaced with clear glass but a film applied to provide privacy to the users of the rooms.
For information, the existing basement floor is to be replaced with an insulated floor slab and damp proof membrane, the walls retained and new cavity walling introduced and compartment walls built with remedial treatment of the existing steelwork and 60 minute fire protection introduced. This is not considered to be development which is required to be included in this application.
2.4 The applicant explains that they wish to bring back the original spirit of the property by creating a community feel which will offer a fully functioning cycling hub for Douglas and the Island, including the creation of an event space, workshop, retail space, physiotherapy facility, facilitating group rides and a ride to work scheme and providing a bike park. What is proposed, they suggest, maintains public access and its continuing use as retail and a meeting place. The intention is to relocate the existing cycle shop which is located on Bucks Road as they have outgrown their current premises, which has a workshop on the first floor which is operationally difficult and they would like to facilitate a ride to work scheme. They aim for the cafe area to utilise locally sourced ingredients including the baking of pizzas using locally sourced, sustainable timber. The inclusion of the cafe will help provide a sustainable future for the premises. The flue for the pizza oven will discharge at the highest point on the roof and on the least visible elevation.
2.5 They explain that the basement will provide secure bike parking with changing facilities and the ground floor will offer the full range of facilities available on the mezzanine floor so that disabled customers will not be disadvantaged.
2.6 The intention is to retail the existing generally open and airy feel of the ground floor but adding the mezzanine to create a total of 635 sq m of floor space. The use of simple materials for the mezzanine contrasts with the elaborate cast ironwork and sandstone features as well as providing a flexible layout which can be changed if required.
2.7 The site is considered to be sustainable with a good central location and close to public transport.
2.8 The application includes a structural engineer's report which reports that aside from damp problems and cracked walls in the basement, the building is sound although some of the steel beams in the basement are suffering from corrosion through exposure and require treatment. It concludes that the building is capable of being used as proposed as long as the recommended remediation and repair works are carried out, noting that these are relatively minor works. A report relating to the basement explains that the basement is below the mean high water tide level and water comes into the basement during high tides and floods. The tanking system proposed will deal with regular high tides but very high tides additional flood resilience measures, such as pumping, the preparation of a business flood plan, use of the Government Floodline for advance warning of flooding events, the use of sandbags, sealing skylight openings at ground level and air bricks and the use of water resistant floor and lower
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wall finishes with materials and stock kept off the floor with mechanical and electrical installations well above floor levels.
PLANNING POLICY 3.1 The site lies within an area designated on the Douglas Local Plan of 1998 as Predominantly Shopping and the Registered status of the building is noted. The site also lies within the North Quay Conservation Area. The relevant policies to be applied to this application relate to its RB status and are found in the Strategic Plan and Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man, as follows:
Strategic Aim: To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage.
Strategic Policy 1: 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 reusing 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: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), 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 to unacceptable environmental pollution or disturbance.
Strategic Policy 10: New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car; (b) make best use of public transport; (c) not adversely affect highway safety for all users, and (d) encourage pedestrian movement.
Environment Policy 32: 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: 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.
POLICY RB/5 of PPS 1/01 states:
ALTERATIONS AND EXTENSIONS 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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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.
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS 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.
PLANNING HISTORY 4.1 Planning approval has been granted for the conversion of the building to an educational and cultural events building and for structural works to change windows and new roller shutter doors, none of which is considered particularly relevant to the consideration of the current application.
REPRESENTATIONS 5.1 Douglas Borough Council raises no objection (30.10.17).
5.2 Highway Services indicate that they have no highway interest in the application (24.10.17).
5.3 No comments have been received from any third parties in respect of this planning application.
ASSESSMENT 6.1 The issues in this case are whether the proposed works adversely affect or fail to preserve the building or its setting or the character or appearance of the Conservation Area and if they do, whether there are reasons why such concerns should be over-ridden. The particular details of the work, including the internal works will be dealt with as part of the assessment for the application for Registered Building consent (17/01082/CON).
External changes 6.2 The proposed works will affect the inside and the outside of the building although only the external changes are to be considered in this application. Those works to the windows will reverse previous inappropriate work by the removal of ventilation fans and louvres and the reinstatement of clear glass where more modern fluted glass has been installed. The re- introduction of the corner door will reinstate an original feature and the replacement of the roller shutter door with a partly glazed one with fanlight matching the shape of the opening is considered a positive proposal. The installation of the ventilation grilles and flues could be intrusive if fitted clumsily and more information is required before it can be ascertained that these elements are acceptable on a building which is so important and so readily visible at close range.
General changes 6.3 The use of the building as proposed will retain an element of public access which is important in maintaining the character of the building. Whilst a proposed use as a private facility of some kind - an office or private space, could achieve the positive physical aspects that are proposed here, they would close the building off to public access, could lose the public toilet facility all of which would be a step away from the original function of the building. The fact that some of the building's use will also support sustainable transport, leisure and recreation, is an additional bonus.
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17/01081/GB Page 7 of 7 CONCLUSION 7.1 The proposed works are considered to have minimal adverse impact on the building and where there would be changes, such as the light affixing of walling to the main internal walls, these are considered to be far outweighed by the finding of a viable use for an important building which is falling into disrepair and in a way that supports a healthy lifestyle sustainable transport and public access to a building which has almost always had this. The scheme is considered to preserve the building, its setting and character, internally and externally and not to adversely affect the reasons it was Registered. INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), 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) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated. __ I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority. Decision Made : Permitted Committee Meeting Date: 27.11.2017 Signed : S Corlett Presenting Officer Further to the decision of the Committee an additional report/condition reason was required YES/NO Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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