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17/01082/CON Page 1 of 12
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/01082/CON Applicant : Market Hill Property Ltd Proposal : Registered Building consent for door and window alterations, installation of flue and ventilation grills, lighting, basement and ground floor refurbishment works and installation of a mezzanine level (in association with 17/01081/GB) Registered Building Nos. 120 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 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. 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 decision relates to the following drawings:
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177_01 177_03 177_11 177_12 177_13 177_14 177_15 177_16 177_17 177_900 177_901 177_902 177_903 177_904 177_905 177_920 177_921 177_922 1010 1020 1050 1060 1061 3000A 3001C 3002C 3300 3600 3601A 3800B 3801 3802A 4000B 4001B 4002B 5000B 5001B 5010B 5011A 6000 6001 6010A 6011A 6012A 7200A 7201A 7300B
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Interested Person Status - Additional Persons
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
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The owner of Carmodil Beg, Ballaugh, who is not directly affected by the development
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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.
1.4 The least interesting elevation is that facing the British Hotel lane and this is where some of the existing service infrastructure is located, within a round headed feature being only partly glazed and with an area of brickwork and a pedestrian door which are not found on other similar features around the building 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. This application for RB consent 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
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planning application would consider. A concurrent planning application has been submitted to cover works which are the responsibility of the planning application system (17/01081/GB).
2.2 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 entrance 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 existing floor comprises sections of quarry tiles and other areas where the original concrete remains and has been compromised by the installation of services and drainage: it is described as uneven and inconsistent in finish. Proposed is the provision of a self-levelling screed and vinyl floor: illustrations have been provided which show a simple, shiny and smooth flooring.
a section of damaged quarry tiles is to be removed and an opening introduced with a stair to the lower level. This is towards the corner of the building which abuts the lane alongside The British Hotel and James Street.
a new internal structure to introduce internal walls and subdividing the internal space will be created, attached lightly to the existing internal structural walls.
a structural mezzanine level is to be introduced along the British Hotel lane side of the building, covering 5.25m by 15.5m and to be used as additional retail space associated with the cycle shop. This is above the kitchen. Again the structural elements of the mezzanine will rest lightly against the existing walling at points where there are existing pier projections from the main wall, with new battens fixed at transom level to pull 150mm away from existing windows and window surrounds. At the outer edge of the mezzanine there will be metal balustrades and a handrail protecting the gap between the mezzanine and the walls and windows.
glass lobbies are to be introduced inside of the North Quay entrance door and that on James Street.
the existing lighting is to be replaced with strip lighting with individual and long illumination suspended from the ceiling beams, individual ceiling lights introduced in the underside of the mezzanine and the existing gas radiant heaters replaced with a modern heating system, as yet undefined.
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9. 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.
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. The windows serving the toilets on the James Street elevation and those 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.
Another mezzanine is to be created along part of the James Street walling, replacing the existing floor to ceiling partitions in this location. Similar to the other mezzanine, this will sit separate from the walls with a slim timber between the gap between the floor and the window.
New ventilation is to be introduced in the form of vents on the British Hotel lane side alongside the pedestrian door. A new system is also to be introduced in the roof pitch above but screened from immediate view by the parapet wall. Flues to serve the kitchen are to be introduced on the main pitch closer to North Quay and will be 250mm and 700mm high respectively. Similarly, details of their colour are required to ensure that they are not discordant features on the building.
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
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skylight openings at ground level and air bricks and the use of water resistant floor and lower 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 and Conservation Area site 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.
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.
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 comment that: "The development is located within the centre of Douglas near to the Lord Street bus interchange. There are adequate parking facilities within easy walking distance of the site therefore the proposals are considered acceptable from a highways aspect. There are no suggested conditions (07.11.17).
5.3 The owner of Carmodil Beg in Ballaugh comments on 10.11.17, welcoming the preservation, refurbishment and regeneration of what he refers to as an "iconic building" and an important quayside setting. He considers that the proposal will give protection and longevity to the building whilst greatly assisting the current quayside regeneration as a whole. He is, however, concerned at the proposed installation of grilles and flues which will inevitably be visible from the quayside and "break up the historic and uncluttered traditional roofline" and in his view should be sensitively incorporated into the rear side of the high level ventilation chamber and where they are absolutely necessary they should be sited as far away as possible from the prominent quayside aspect. He refers to signage and expresses concern at the brightly coloured signage on the building which is not appropriate. Finally he expresses pity at the loss of "the traditional quarry tiled floor". These comments are made as "a local Architectural Practice concerned about the Conservation of Island Buildings/Heritage" and requests interested person status as such.
5.4 The applicant responds to this submission as follows:
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"In order to provide some clarification raised by comments from Mr Gordon Clarke in his letter of 10 November 2017, we would note the following:
This proposal seeks to provide a sustainable future for a building struggling in a failing market. The Market Hall will fundamentally retain its characteristic use as a retail and meeting place with minimal interventions to the external envelope.
01 Ventilation flues and grilles
These are all sited on the least visible and least important of the four elevations, adjacent to the service lane and next to The British Hotel.
The majority of the grilles are sited towards the rear, James Street elevation, within an area previously compromised by being partially bricked up and service penetrations. These grilles include an exhaust vent for ventilation to the basement area, plus a ventilation grille serving the public toilets (already in existence, but marginally repositioned) and a ventilation grille serving the new showers and w.c's to the basement toilets. The intake for the ventilation to the basement is at roof level, above the exhaust vents described above. This intake could be done via a number of inconspicuous slate vents.
There are two flues, both kept internal for the majority of their lengths and discharging at roof level on the service lane side of the building The boiler flue is sited adjacent to and partially screened by the roof parapet. The main flue from the pizza oven is tracked back from the front elevation to a point approximately 1/3 along the length of the roof so as to minimise any visual impact.
02 External Signage
As previously noted all external signage and advertisement will form part of a separate application. The image shown in the objection letter has not been taken from the application, but from promotional material that will not reflect the signage application.
03 Quarry Tile Floor
A detailed description of the building appears in The Surveyor and Municipal and County Engineer, August 1900, the year following the buildings completion, which notes that the original floor finish was concrete.
The present modern quarry tiled floor is uneven and compromised by previous changes in internal layouts, drainage trenches, replacement tiles in the area of the public toilets, bedding from previous overlaid flooring and other damage. The retention of the tiles is not intrinsic to the value of the building and their proposed removal does not damage the important character of the building."
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 any features of special architectural or historic interest and if they do, whether there are reasons why such concerns should be over-ridden. Any impacts other than these will be dealt with in the application for planning approval (17/01081/B).
External changes 6.2 The proposed works will affect the inside and the outside of the building. Dealing with the external works, those 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
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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 features - vents and flues could be damaging if their size, shape, finish or colour were insensitive. Whilst some details have been provided, these are not considered to be sufficient to conclude that they are appropriate and conditions are recommended to require further details in this respect.
Internal changes 6.3 The proposal will remove the various areas of floor tiles. Whilst tiles can often provide valuable and interesting insights into the origin of the building, and in some cases may be original features, in this case, the floor would not have had tiles so the retention of what currently exists would not be achieving the preservation of original features. In addition, the floor is not consistently covered in tiles and the floor is uneven and would be difficult to safely use if untreated. The ground floor is clearly one area and it is considered that a consistent and usable finish is perhaps more important that the precise finish, where the original was simply concrete. As such, the proposed removal of the existing areas of tiles and the re-finishing of the floor as proposed is considered acceptable.
6.4 The subdivision of the internal space is proposed at the James Street end of the building in order to provide two small rooms. Whilst this is a change to the internal layout and slightly changes the overall open area, the nature of the original layout would have been to subdivide the building by stalls to individual compartments. In any case, the general character of the open nature of the remaining part of the ground floor still gives the impression of a significant area of open space used for a variety of different functions, not unlike its original use.
6.5 The introduction of the mezzanine floors are perhaps the biggest change structurally and in terms of the character of the internal space. Structurally, the mezzanines, and for that matter, the rooms, will be created without significant interference with the existing walling and will effectively be constructed and stabilised within the internal space but lightly resting against the four main internal walls. The mezzanine will occupy a relatively small area of the overall space in floorspace terms but will provide additional retail space which will make the building's use more viable. It is important that a use is found for the building which will firstly enable its remediation, reparation and ideally, its restoration and also that this continues into the future. The utilisation of the existing basement will also add to the viability of the building by adding to the usable floor space but will also necessitate the remediation of incoming water which in turn will address existing damp problems which will assist the overall maintenance and structural integrity of the building.
6.6 The works to the basement are likely to be costly but will result in a use which is appropriate to the nature of the space which will be created.
General changes 6.8 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.
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 resting of the mezzanines 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
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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 (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
8.2 The decision-maker must determine:
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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 was required
YES/NO See below
PLANNING COMMITTEE DECISION 27.11.2017
Application No. :
17/01082/CON Applicant : Market Hill Property Ltd Proposal : Registered Building consent for door and window alterations, installation of flue and ventilation grills, lighting, basement and ground floor refurbishment works and installation of a mezzanine level (in association with 17/01081/GB) Registered Building Nos. 120 Site Address : Market Hall Market Hill Douglas Isle of Man IM1 2BH
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Presenting Officer : Miss S E Corlett
Addendum to the Officer’s Report
The Committee accepted the recommendation and approved the application at its meeting of 27th November, 2017. They acknowledged the late representation from the Isle of Man Victorian Society and afforded them interested person status as a properly constituted body with informed interest in matters relative to the application.
Conditions of Approval
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. 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 decision relates to the following drawings:
177_01 177_03 177_11 177_12 177_13 177_14 177_15 177_16 177_17 177_900 177_901 177_902 177_903 177_904 177_905 177_920 177_921 177_922 1010
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1020 1050 1060 1061 3000A 3001C 3002C 3300 3600 3601A 3800B 3801 3802A 4000B 4001B 4002B 5000B 5001B 5010B 5011A 6000 6001 6010A 6011A 6012A 7200A 7201A 7300B
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