11 March 2019 · Planning Committee, presented by Mr S Butler (Head of Development Management)
25, North Quay, Douglas, Isle Of Man, IM1 4le
The application seeks to demolish existing mixed-use retail and residential buildings and replace them with a modern structure featuring dining and support facilities for a restaurant/bar at ground floor level, plus six apartments (two each on first and second floors, two duplex on third/fourth floors) on the upper lev…
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The officer report cross-references 18/01329/B for full reasoning, but conditions reveal the proposal was deemed acceptable on an exceptional basis due to its role as enabling development to facilitat…
Environment Policy 4
Requires protection of protected species under Wildlife Act 1990. Assessed via condition mandating bat surveys, mitigation, and on-site licensed workers before works, ensuring no unlawful impact on bats in roof spaces.
Environment Policy 32
Policies for historic environment in Conservation Areas and Registered Buildings. Proposal tested for demolition impacts; approved exceptionally with conditions for building recording (Level 2 per Historic England guidance), construction method statements to protect adjacent Registered Building stability, and works scheduling.
Environment Policy 33
Policies for historic environment in Conservation Areas and Registered Buildings. Applied alongside EP32/EP34 to require safeguards during demolition and construction near special architectural/historic interest building.
Environment Policy 34
Policies for historic environment in Conservation Areas and Registered Buildings. Exceptionally permitted demolition as enabling works, with occupancy of apartments linked to completion of adjacent RB conversion.
Time limit
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.
Operating hours
No customers shall remain within the bar/restaurant hereby approved outside the hours of 08:00 and 23:00 (Monday to Saturday) and 09:00 - 15:00 (Sundays). Reason: In the interests of local amenity.
Bicycle and bin stores
The development hereby approved shall not be occupied until bicycle and bin stores have been provided in accordance with details which have first been approved in writing by the Department and the stores shall be retained as such thereafter. Reason: To ensure that these facilities are provided.
Flood mitigation
The development hereby approved shall not be occupied until the Flood Mitigation Measures as set out in paragraphs 6.3.1 - 6.3.4 of the Design Statement (date stamped as having been received 21.12.18) are in-place and they shall be retained as such thereafter. Reason: To ensure that flood mitigation and resilience measures are implemented.
Bat surveys
Prior to any works taking place, including internal works to any of the existing buildings on site, bat surveys shall be undertaken by an agreed expert to establish the presence or absence of bats in the internal roof space. Details of the proposed survey, expert, appropriate mitigation measures and contingency plans should be submitted to and agreed in writing by the Department and shall only be undertaken in accordance with the approved scheme. The scheme shall contain amongst other things: the results of a bat survey which has been undertaken by licensed bat workers; suitable protection and/or mitigation measures for any bats identified by the survey; measures to ensure that a licensed bat worker is onsite during any works relating to the removal or alteration of roof, chimneys and walls in order to check for bats which may not have been picked up during the survey; and measures to be undertaken in the event that a bat is found by the bat-worker on site. Should bats be found, the appropriate mitigation measures and contingency plans shall be implemented in accordance with the approved details. Reason: To ensure that the development does not impact on protected species in accordance with the Wildlife Act 1990 and Environment Policy 4 of the Strategic Plan (2016).
Construction method for adjacent building
Before the commencement of works, details shall be submitted to and approved in writing by the Department setting out the method of construction and ensuring the safety and stability of the adjacent registered building. Such details to include structural engineering drawings and/or a method statement. The work shall be carried out fully in accordance with the method statement approved. Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
Building recording survey
No development shall commence until a scope for a 'building recording survey' to Level 2 has been submitted to and approved in writing by the Department. The subsequent survey work shall be undertaken in accordance with the agreed scope and fully implemented and a copy made available to the Department prior to development commencing. For the avoidance of doubt the recording shall be undertaken in accordance with Historic England's Understanding Historic Buildings: A guide to good recording practice (2016). Reason: In order to ensure that the character and appearance of the building as a building of special architectural or historic interest is retained in accordance with Policies, EP32, EP33 and EP34 of The Isle of Man Strategic Plan 2016 and Planning Policy Statement 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of The Isle Of Man.
Schedule of works
The development hereby approved shall not commence until a schedule of works has been submitted to and approved in writing by the Department. The development shall take place in accordance with the approved schedule. The schedule shall include details of how and when the works approved under planning approval 18/01333/RB and Registered Building Consent 18/01334/CON shall be carried out. Reason: The development hereby approved includes the demolition of a building within a Conservation Area which is being approved on an exceptional basis on the grounds that the development represents enabling works to facilitate the renovation and conversion of the adjacent Registered Building (Nos.27-28).
Linked occupation restriction
The apartments hereby approved shall not be occupied until the development approved under planning approval 18/01333/RB and Registered Building Consent 18/01334/CON has been implemented and completed. Reason: The development hereby approved includes the demolition of a building within a Conservation Area which is being approved on an exceptional basis on the grounds that the development represents enabling works to facilitate the renovation and conversion of the adjacent Registered Building (Nos.27-28).
consultation response addressed via amendment to condition 3 on bicycle and bin stores
Mixed responses from statutory consultees on application 18/01331/B, with Registered Buildings Officer recommending approval subject to conditions and building recording, Highways no objection subject to cycle parking condition, Manx National Heritage and DEFA Biodiversity reques…
Key concern: Demolition of 19th century building contributing to conservation area and potential dominance over adjacent registered building
Registered Buildings Officer
Conditional No ObjectionRecommendation Approve subject to conditions and legal agreement; I therefore do not object to the demolition of the building subject to an appropriate scheme of building recording; The overall success of the scheme should be measured by the bringing of the registered building back into use
Conditions requested: Before commencement, details of method of construction ensuring safety/stability of adjacent registered building including structural engineering drawings/method statement; No development until scope for Level 2 building recording survey submitted/approved, undertaken per Historic England 'Understanding Historic Buildings: A guide to good recording practice (2016)', copy to Department prior to commencement; Legal agreement to prevent occupation until adjacent registered building repaired and works completed; All proposed materials conditioned to ensure compatibility with conservation area
Highway Services Division
Conditional No ObjectionHighway Services does not oppose the application subject to a planning condition; Recommendation: DNOC
Conditions requested: Full details of cycle parking spaces, at least 6 covered for apartments with adequate secure fixings for apartments and bar/restaurant, submitted/approved prior to occupation, implemented prior to first occupation, permanently maintained unobstructed
DEFA Biodiversity
Conditional No ObjectionRecommend bat surveys of all buildings prior to determination; If approved, condition requiring licensed bat worker
Conditions requested: Licensed bat worker on site at sensitive demolition stages (roofs, chimneys, walls) to check for bats; stop work if found and contact Department
Manx National Heritage
Conditional No ObjectionRecommend that a bat survey of the buildings be undertaken prior to the commencement of any works
Conditions requested: Bat survey prior to works commencement
Isle of Man Natural History and Antiquarian Society
ObjectionIsle of Man Natural History & Antiquarian Society therefore object to this proposal
Conditions requested: Condition for historic building/architecture recording survey (whole room/roof photos) if approved
Douglas Borough Council
SupportDouglas Borough Council supports the proposals
Conditions requested: Minimum 6 bicycle spaces, secure with front access preferred; Show recycling receptacles fit bin storage area; Adequate kitchen space for three-section recycling bins per Affordable Housing Standards Design Guide (2016)
