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PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 23/00617/CON Applicant : Hesketh Investments Limited Proposal : Registered Building consent for the demolition of former citadel building (in connection with PA 23/00616/B) Site Address : The Former Salvation Army Citadel Lord Street Douglas Isle Of Man IM1 1LE

Principal Planner: Mr Chris Balmer Photo Taken : 21.06.2023 Site Visit : 21.06.2023 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 04.08.2023 __

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. No development shall commence until a sample details/panel of all external facing materials including roofs, windows, doors, all variations of brickwork proposed, movement/mortar joints, cast stone elements, standing seam metal cladding and embossed metal panels and cast stone arch / soldier brick arch and soldier brick infill to be used have been erected on site (or an alternative location) and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and be retained thereafter.

Reason: In the interests of the character and appearance of the Conservation Area, site and surrounding area.

This application has been recommended for approval for the following reason. It is considered that the planning application is in accordance with the relevant planning polices of the Isle of Man Strategic Plan 2016, Area Plan for the East 2020, Section 18(4) of the Town and Country Planning Act (1999) and Planning Policy Statement 1/01.

Plans/Drawings/Information;

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This approval relates to the submitted documents and drawings reference numbers all received;

22.05.2023 Design Statement 01 EX-01 936-1003 REV 1 936-1001 REV 1 936-1002 REV 1 936-2000 REV 1 936-3001 REV 1 936-3000 REV 1 P-01 REV A P-02 REV A P-03 REV A P-04 REV A 1431.23.P-05 1431.23.P-06 1431.23.P-07 Energy Statement Transport Statement

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Interested Person Status - Additional Persons

It is recommended that the following persons should be given Interested Person Status as they are 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 4(2):

1-9 Church Street, Douglas 9 Church Street, Douglas

as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (2019). __

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT

1.0 THE SITE 1.1 The application site is the curtilage of Salvation Army Citadel, Lord Street, Douglas located on a corner plot to the northern side of Lord Street and west of and Lower Church Street & Ridgeway Street. The existing building is a three storey building above street level, there is also an additional basement level, albeit only a small part of the overall footprint of the building.

1.2 The site in the early 1900s was previously used as a hospital and pub (The Old Brig), all of which was demolished in 1932 - originally two and three storey properties. After the demolition of these two buildings, it is presumed the existing Salvation Army Citadel building on the site was constructed (work had begun on 4th February 1932).

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1.3 The existing hipped roof designed building has some architectural features, including Ashlar-scribed render around the ground and first floor, a string course above first floor level & arched heads above main entrance. The windows within the building have a vertical emphasis with the ground floor and first floor windows continuing up the building as one, while the second floor windows have a more square proportion. None of the windows is original and the existing window pattern is not the original design, which was made up of Georgian panelled windows.

1.4 There is no existing on-street parking associated with the site.

2.0 THE PROPOSAL 2.1 The application seeks full approval for the Registered Building consent for the demolition of former citadel building (in connection with PA 23/00616/B).

2.2 The proposed three storey building would be sited on a very similar footprint to the existing building, which essentially takes up the majority of the ground area of the site, with the exception of some external bin storage areas. The proposed building would have a front façade facing onto Lord Street and Lower Church Street of approximately 17.5 metres above street level, albeit including the setback plant room it would have a total height of approximately 19metres. The building would be finished mainly in a red facing brick, with contrasting coloured projecting snapped header brick courses and cast stone cornice dentils and string courses with brick infill. The rear elevation (north) would be finished in painted render. The windows are proposed to be grey upvc sliding sash.

2.3 The building, with the use of different finishes, glazing proportions and flush dormer details has a vertical emphasis. The building has a flat roof, as the majority of the roof area would be utilised to accommodate a plant rooms (internal and an external) which externally finished with baffled polyester powder coated louvres. Solar panels are also included on the roof.

2.4 No off street parking is proposed to be provided by this development; albeit it is proposed to alter the footpath along the Lord Street elevation of the proposal to enable a lay- by being created. The ground floor of his section of the hotel is setback into the site more than the upper floor to enable a 2m wide public footpath is provided.

3.0 PLANNING HISTORY 3.1 The following previous planning applications are considered to be specifically material in the assessment of the current application: 3.2 Demolition of existing Citadel building and the erection of a replacement worship building with associated administration, practice spaces, meeting areas and nursery - 17/00186/B - APPROVED (04.04.2017).

3.3 Registered Building consent for the demolition of former citadel building (in connection with PA 23/00616/B) - 23/00617/CON - PENDING CONSIDERATION

3.4 Replacement of existing with PVC windows, Salvation Army Citadel - 94/01619/B - APPROVED

3.5 Internal alterations to improve facilities - 92/01360/B - APPROVED

4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area zoned as "Mixed Use Proposal Areas - Strand Street" identified on the Area Plan for the East 2020. The site is within a Conservation Area. The existing building is not a Registered Building, nor proposed to be. Douglas Town Hall located to the northeast of the site is a Registered Building. The site is not within a high flood risk zone. The adjacent highway to the east and sections of Lord Street to the southeast are

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within an area of high risk of surface water flooding. Given the nature of the application it is appropriate to consider the following planning policies:

4.2 Strategic Policy 1 states: "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."

4.3 Strategic Policy 2 states: "New development will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(2) of these towns and villages. Development will be permitted in the countryside only in the exceptional circumstances identified in paragraph 6.3."

4.4 Strategic Policy 4 states: "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."

4.5 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies."

4.6 Strategic Policy 10 states: "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"

4.7 Spatial Policy 1 states: "The Douglas urban area will remain the main employment and services centre for the Island."

4.8 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:

(a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services;

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(k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

4.9 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."

4.10 Environment Policy 39 states: "The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area."

4.11 Environment Policy 42 states: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."

4.12 Environment Policy 43 states: "The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition."

4.13 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."

4.14 Energy Policy 5 states: "The Department will prepare a Planning Policy Statement on Energy Efficiency. Pending the preparation and adoption of that PPS the Department will require proposals for more than 5 dwellings or 100 square metres of other development to be accompanied be an Energy Impact Assessment."

4.15 Appendix Seven of the Strategic Plan sets out the parking standards to be applied to new development which states that assembly and leisure (includes cinemas, meeting halls, swimming baths, leisure centres, and the conference and leisure facilities of hotels) should have 1 space per 15 square metres gross floor space.

Area Plan for the East 2020 4.16 "3.4.2 Douglas will continue to grow as the commercial, social and cultural heart of the Island remaining the prime focus for development and growth. It will continue to be a thriving capital rich in historic interest with an international outlook which will grow to accommodate the demands for new employment opportunities within and close to the town in a coordinated way. As the economic hub of the Island, it will maintain its role as the leading retail, entertainment, employment, sporting and learning centre. The town centre will be revitalised through regeneration work and encouraging high quality retail development. New leisure and hotel facilities will attract tourists and provide an attractive and vibrant mix of uses within Douglas."

4.17 Tourism Proposal 1 states; "There is a recognised need for the renewal of the Island's hotel offer through investment in existing stock and some new hotel provision. Planning applications for the conversion of hotels in the eastern area to other uses will not normally be

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permitted unless it can be demonstrated that the premises do not provide a sufficient standard of accommodation and upgrading the facility would not be feasible."

4.18 Tourism Proposal 2 states; "The establishment of new or alterations to, existing tourist accommodation within the settlement boundaries in the East will generally be supported. New development should be of a high design standard, have an active ground floor frontage and be accessible to those with disabilities. They should incorporate, where appropriate, improvements to the public realm, e.g. outside seating, public art and hardy landscaping designed for longevity."

4.19 Mixed Use Area 3 - Strand Street; "This area forms the core of the retail shopping area and is characterised by shops, food and drink uses, financial and professional services and other associated town centre uses such as hairdressers, beauticians and so on. The area is currently busy during daytime but quiet of an evening and it is considered that more residential uses would benefit the area and help 25 GD 2014/83 86 support the night time economy. The primary shopping frontage is notated by the hatched line on Map 5."

4.20 Town Centre - Mixed Use Proposal 3 states; "There will be a presumption in favour of retail and ancillary town centre uses such as food and drink and health and beauty uses along the primary shopping frontage. Outside of the primary shopping frontage a wider variety of town centre uses including financial and professional services open to visiting members of the public will also be acceptable. Entertainment venues, Offices and residential use will be acceptable at first floor level and above, but not at ground floor level where an active frontage should be maintained and enhanced. These active frontages are essential to sustain an attractive town centre."

4.21 LEGISLATION - It is relevant to note Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act."

4.22 Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man); "POLICY RB/6 DEMOLITION There will be a general presumption against demolition and consent for the demolition of a registered building should not be expected simply because redevelopment is economically more attractive than repair and re-use of an historic building; or because the building was acquired at a price that reflected the potential for redevelopment, rather than the condition and constraints of the existing historic building. Where proposed works would result in the total or substantial demolition of a registered building, an applicant, in addition to the general criteria set out in RB/3 above, should be able to demonstrate that the following considerations have been addressed:-

o The condition of the building, the cost of repairing and maintaining it in relation to its importance and to the value derived from its continued use. Any such assessment should be based on consistent and long term assumptions. Less favourable levels of rents and yields cannot automatically be assumed for historic buildings and returns may, in fact, be more favourable given the publicly acknowledged status of the building. Furthermore, historic buildings may offer proven performance, physical attractiveness and functional spaces that in an age of rapid change may outlast the short-lived and inflexible technical specifications that have sometimes shaped new developments. Any assessment should take into account possible tax allowances and exemptions. In rare cases where it is clear that a building has been deliberately neglected in the hope of obtaining consent for demolition, less weight should be given to the costs of repair;

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o The adequacy of efforts made to retain the building in use. An applicant must show that real efforts have been made, without success, to continue the present use, or to find new uses for the building. This may include the offer of the unrestricted freehold of the building on the open market at a realistic price reflecting the building's condition.

o The merits of alternative proposals for the site. Subjective claims for the architectural merits of a replacement building should not justify the demolition of a registered building. There may be very exceptional cases where the proposed works would bring substantial benefits for the community; these would have to be weighed against preservation. Even here, it will often be feasible to incorporate registered buildings within new development, and this option should be carefully considered. The challenge presented by retaining registered buildings can be a stimulus to imaginative new designs to accommodate them

POLICY CA/6 DEMOLITION Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole."

4.23 Climate Change Act 2021 which sets a target year of 2050 and to make provision for the setting of interim targets for the reduction of greenhouse gas emissions; to make provision about the mitigation of climate change and the enhancement of natural carbon storage; to impose climate change duties on public bodies; to make provision for energy generation and energy use and for the reduction and recycling of waste; and for connected purposes.

4.24 Our Island, Our Future Isle of Man Visitor Economy Strategy 2022-2032 - DfE which indicates its target is; "Our headline targets are to grow our annual visitor numbers to 500,000 by 2032 and increase the annual economic contribution of the Island's Visitor Economy to £520m. This will mean attracting an additional 170,500 visitors per year compared to 2019. We aim to triple our holiday and short break market as well as grow all of our other visitor markets. Combined with an expected increase in average spending per visitor, driven by strong growth in longer staying and higher spending leisure markets, these visitor numbers should result in a more than doubling of annual visitor spending on the Island to £310m, which will support an increase in Visitor Economy jobs to 5,000 and generate an annual Exchequer benefit of £49m."

5.0 CONSULTATIONS 5.1 Douglas Borough Council commented they would review the application at its meeting to be held on the 17th July (07.06.2023). No further comments where received to the Registered Building application although they support the planning application.

5.2 Principal Registered Building Officer comments (02.08.2023); "The Former Salvation Army Citadel dates to the early 1930's, replacing a pub and hospital that were demolished to make way for the existing building. The building sits comfortably upon the corner plot, has a large one and half storey ground floor with first floor and hipped roof above.

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It has some architectural features, including Ashlar-scribed render at ground with string course above, with arched headed main entrance on the street corner elevation. Like its architectural detail, the buildings contribution to the character and appearance of the conservation area is considered to be modest.

The application seeks full approval for the demolition of the existing former Citadel building, and the erection of a 44 bedroom hotel with associated drainage, refuse bin storage, pick up layby and reinstatement of the adjacent pavements.

The benefits of the proposed new development should be weighed against the loss of the building and the overall impact upon the character and appearance of the conservation area.

Whilst the proposed building is clearly inspired by neighbouring buildings that provide the character and appearance of this part of the conservation area, the success of the overall development would be dependent upon the quality of the materials used and the final detailing, the brick type, the bond pattern and contrasting string coursing. The building's overall design is let down by the fourth floor, the detailing of which appears tokenistic, with flat pedimented detailing. Had there been true pedimented dormers sitting upon a more recessed roof, they would have been more successful, this would have resulted in a true breaking up of massing rather than a visual attempt at one.

If you are minded to approve the application, please ensure materials and bonding pattern are conditioned to ensure the quality of new development within a conservation area."

5.3 Ecosystem Policy Officer comments (06.06.2023); "The Ecosystem Policy Team have no objections to this application, but due to the age and condition of the building, we would like to alert the applicants to the potential for nesting birds in and around the building - birds including house sparrow and starling in any external gaps, and house martins underneath the eaves. So thorough checks for nesting birds must be undertaken in and around the building prior to its demolition. If nesting birds are present the demolition must wait until the birds have finished nesting and the young have fledged.

The bird nesting season is usually between late February and late August or September in the case of swallows or house martins. Additionally, pigeons have been known to nest year-round should conditions be suitable. Due to the height of the new hotel building, we also really strongly recommend that the applicants consider installing universal swift nest bricks (at least 3) in the new building, as high up as possible, under the eaves on a north-east to north-west elevation, but not above windows. Not only will these universal bricks provide nesting space for swift, but they are also suitable for house sparrow, starling and house martin and so will provide mitigation for the loss of nesting space for any birds that are currently present."

5.4 The owner of 1-9 Church Street objects to the application which can be summarised as (08.06.2023); This building can be saved, I personally viewed the premises, and over many months attempted to purchase with the intention of converting the building to apartments for residential use; This building needs Registered Building Consent to enable demolition. This should be refused as it is a major landmark for Douglas, our heritage should be protected not destroyed; I also have concerns regarding the height of this proposed building, which is out-of keeping with the existing conservation area; and I own 1-9 Church Street and any demolition and rebuilding would greatly affect my Property, Tenants, Trade etc, and I strongly urge refusal of this application.

5.5 The letting agents (based at 1 Church Street) of 1-9 Church Street objects to the application which can be summarised as (12.06.2023); The property we manage stretches from the Salvation Army building to and including half of the Rovers Return; Ourselves and all present tenants wish to object to the demolition of the Salvation Army Citadel and the

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construction of a hotel; We feel that demolition would ruin our businesses as work would affect our private lane, known as Church Street, which is used consistently as means of access to our premises; A hotel again during construction would again affect access to our lane, and when and if in use, our private lane would be in danger of being a focal point and constantly used by the hotel; and All tenants and of course ourselves Church Street Rentals strongly object to both applications and trust that they are rejected.

6.0 ASSESSMENT 6.1 The main issues to consider in the assessment of the application are; principle of the demolition of the existing building; potential impact upon the street scene and Conservation Area and potential ecology impacts.

PRINCIPLE OF THE DEMOLITION OF THE EXISTING BUILDING 6.2 As outlined within Environment Policy 39 (and Planning Policy Statement 1/01), there is a general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. Furthermore, paragraph 7.32.2 of the IOMSP indicates; "The general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area. When considering proposals which will result in demolition of a building in a Conservation Area, attention will be paid to the part played in the architectural or historic interest of the area by the relevant building and the wider effects of demolition on the building's surroundings and on the Conservation Area as a whole. In addition, consideration will be given to: o the condition of the building; o the cost of repairing and maintaining it in relation to its importance and the issue derived from its continued use (based on consistent long-term assumptions); o the adequacy of efforts made to retain the building in use; o the merits of alternative proposals for the site."

6.3 The existing Salvation Army Citadel building on the site was constructed (work had begun on 4th February 1932). The building is currently appears in a poor state of repair, albeit not in a state of disrepair. A material consideration is the principle of the building being demolished and replaced was accepted under planning application. The Planning Officers report indicated; "It is considered that the existing building does not have a significant architectural interest, albeit does not appear unattractive within the street scene and arguable sits quietly within the street scene. The Conservation Area appraisal simply refers to the building as "a thinly detailed 1930s building which nevertheless presents a firmly massed corner to Lord Street and has a good rusticated ground storey". Given the building does not have any significant architectural interest neither is it registered building (nor potentially list to be). Accordingly, it is considered the principle of the demolition of the building is acceptable."

6.4 The applicants have not specially addressed the first three points within paragraph 7.32.2, albeit have indicated that; "The existing Citadel building is not suitable for renovation into a new hotel. The internal plan layout is restrictive, and its structure is not conducive to internal reconfiguration of spaces. The headroom on the upper floors is too low for a modern highly serviced hotel. The building at only three storeys above the ground could not provide the required number of bedrooms to achieve an economically sustainable hotel business."

6.5 And

"The existing building whilst it sits comfortably in the street-scene it cannot be claimed to be of any architectural significance."

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6.6 As outlined, Environment Policy 39 & PPS1/01 indicates that buildings that make a positive contribution to the character or appearance of the Conservation Area should generally be retained. In this case for the reason outlined, it is not considered that the building has any significant architectural interest or historical interest to seek its retention. While the application does not go into specific detail in terms of; the condition of the building, the cost of repairing and maintaining it in relation to its importance and the issue derived from its continued use or the adequacy of efforts made to retain the building in use; the design statement does state that the internal plan layout is restrictive, the existing structure is not conducive to reconfiguration and that headroom on the upper floors is not suitable. With these things in mind, it is reasonable to ascertain that the level of accommodation proposed would not be physically accommodated within the existing building.

6.7 There is also an argument that while there are four key considerations (par 7.32.2 of the IOMSP), the text before these four points states; "In addition, consideration will be given to; ...". Accordingly, it could be argued that in certain cases one or more of the considerations could potentially have greater weight. In some circumstances it could be determined that the "merits of alternative proposals for the site" i.e. a new building is of such a high quality could override the other three points, especially if the building did not make a positive contribution to the character or appearance of the Conservation Area. If the building was a Registered Building and/or a building of special architectural interest or historical interest; then there would be greater importance to ensure all the points had been adequately addressed. However, the lack of information for the three points indicated do weigh against the proposal.

6.8 As outlined the merits of alternative proposals (will be considered later in this report) for the site are a consideration and which could overcome the outstanding issues indicated.

6.9 However; given the comments of the Registered Building Officer, previously the principle to demolish the existing building has been accepted and as the existing building is not considered to be of significant architectural interest or historical interest to seek its retention nor to make a particularly positive contribution to the character or appearance of the Conservation Area, once again it is considered the principle of the demolition is acceptable on this site.

POTENTIAL IMPACT UPON THE STREET SCENE AND CONSERVATION AREA 6.10 The Planning Authority has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. Furthermore, it is necessary to apply the Conservation Area statutory test as referenced in section 4.20 of this assessment on whether the proposal would preserve or enhance the Conservation Area.

6.11 General Policy 2 also indicates that any development should; respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them and should not affect adversely the character of the surrounding landscape or townscape.

6.12 The new building in terms of its front facades onto Lord Street and facing towards Ridgeway Street would be taller (approximately 4m and 7m including setback roof plant building) and therefore the proposed building would have a greater presence and mass on this prominent corner within Douglas. Again, planning application also proposed a building taller than the existing; albeit the current application the building is taller (approximately a storey higher). The new building would have a roof height (not including roof plant structures) of the neighbouring building The Government Officers (formerly Old Hannover Street School).

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6.13 The finishes of the building take reference to a variety of styles and finishes in the immediately street scene. The red brick (and other colours) are very evident in a number of neighbouring properties, including the Douglas Town Hall, The Ridgeway Building, Merchants House and The Government Officers (formerly Old Hannover Street School). However, there are a variety of different material pallets and colours used in the immediate area already, including; Manx Stone, render (both smooth and rough cast), brick & pebble dash. Furthermore, some of the nearby buildings use a mixture of the finishes listed, while others are finished in one type only. Overall, the finishes proposed are considered appropriate and would fit well within the various street scenes.

6.14 The design, form, scale and heights of buildings in the area again vary from two storeys up to six storeys, the majority being older three storey properties. The neighbouring Government Officers are three storey but substantial in height, and would have a similar height to the proposed building. The other neighbouring property to the north of the site Nr 1 Church Street would be approximately 0.40m lower than the proposal (excluding plant room - proposal would be 3.40m taller if plant room is included). While the proposal would be taller than Nr 1 Church Street, it is not considered this would result in an adverse visual impact or inappropriate form of development. The proposed new building sits on a corner plot and it is not unusual to find a taller building compared to other properties in the area. Arguable, that is perhaps an issue with the existing building, being lower than the two neighbouring properties resulting in a building out of context in the street scene. It is considered this proposal would resolve this current situation.

6.15 The building in terms of finishes, traditional decorative features, vertically proportions, sliding sash windows and the flush dormers all result in a more traditional styled building. The surrounding areas is made up of a variety of traditionally styled building, differing in styles, sizes, heights and finishes. The external finishes will likely be a key part to whether the building is architectural successful or not, especially the brickwork and bounding used, as outlined by the Principal Registered Building Officer. Accordingly a condition should be attached to any approval which seeks a physical sample of a section of the walling being undertaken prior to any works commencing on site.

6.16 Comments of the Principal Registered Building Officer in terms of the design of the upper floor appearing "tokenistic" with the flat pedimented detailing. These are noted and agreed with and having true pedimented dormers sitting upon a more recessed roof would be more appropriate and this does weight against the proposal.

6.17 Overall, it is considered the proposed building would add a traditionally designed building to the area which would represent the continuation of built development in the area result in an enhancement to the Conservation Area and to the site and would not unduly affect the visual amenities of the street scene.

POTENTIAL ECOLOGY IMPACTS 6.18 As outlined within the comments of the Ecosystem Policy Officer, while they have no objections they raise potential for nesting birds (house sparrow, house martins and starling) in and around the building and therefore thorough checks for nesting birds must be undertaken in and around the building prior to its demolition. If nesting birds are present the demolition must wait until the birds have finished nesting and the young have fledged. The bird nesting season is usually between late February and late August or September in the case of swallows or house martins. A noted should be attached advising the applicants of the above as well as possible universal swift nest bricks (at least 3) in the new building.

OTHER MATTERS 6.19 It is noted that comments have been received in terms of impacts upon neighbouring properties and business of the construction works. While the concerns raise are very

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understandable, these matters are not material planning matters that can be considered in the determination of the application.

7.0 RECOMMENDATION 7.1 For the reasons outlined above it is considered that the planning application is in accordance with the relevant planning polices of the Isle of Man Strategic Plan 2016, Area Plan for the East 2020, Section 18(4) of the Town and Country Planning Act (1999) and Planning Policy Statement 1/01, and it is therefore recommended that the planning application be approved.

8.0 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 In addition to those above, the Regulation 9(3) 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.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted

Committee Meeting Date: 21.08.2023

Signed : C BALMER Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

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