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18/01331/B Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 18/01331/B Applicant : Mr Dennis Rodgers Proposal : Demolition of existing buildings and erection of building incorporating dining and support facilities for a restaurant/bar at ground floor level, and 6 apartments on the floors above (in connection with RB application 18/01332/CON) Site Address : 25-26 North Quay Douglas Isle Of Man IM1 4LE
Head of Development Management: Mr S Butler Photo Taken :
Site Visit :
Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 14.02.2019 __
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. 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.
C 3. The development hereby approved shall not be occupied until the bicycle and bin stores as shown on plan P-10-11 have been provided and they shall be retained as such thereafter.
Reason: To ensure that these facilities are provided.
C 4. 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.
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18/01331/B Page 2 of 7
C 5. 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: o the results of a bat survey which has been undertaken by licensed bat workers; o suitable protection and/or mitigation measures for any bats identified by the survey; o 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 o 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).
C 6. 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.
C 7. 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
C 8. 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).
C 9. 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.
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18/01331/B Page 3 of 7
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).
Plans/Drawings/Information;
This approval relates to the following plans/drawings/information (all date stamped as having been received 21.12.18): o Drawing Number P-10-10 entitled, 'Existing Floor Plans, Cross - Section, Site Plan and Site Location Plan' o Drawing Number P-10-11 entitled, 'Proposed Floor Plans and Roof Plan' o Drawing Number P-12-01 entitled, 'Existing Street Elevations' o Drawing Number P-12-02 entitled, 'Proposed Street Elevations' o Drawing Number P-12-03 entitled, 'Proposed Elevations, North Quay Sketches and Cross Section' o Drawing Number P-12-04 entitled, 'Proposed Site Plans and North Quay Photomontage' o Document entitled, "Design Statement for Demolition of Existing Mixed-Use Retail and Residential Properties and Erection of Replacement Buildings incorporating Restaurant / Bar at Ground Floor Level & 6 No. Apartments at First Floor Level & Above at No.25-26 North Quay, Douglas, Isle of Man, IM4 1HT for Mr. Dennis Rogers" and produced by Kay Associated Limited
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Interested Person Status - Additional Persons
It is recommended that Manx National Heritage and the Isle of Man Natural History and Antiquarian Society 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): as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy
It is recommended that both the owners and occupiers of No. 24 North Quay (Merchant House) 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): as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
See 18/01329/B __
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.
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18/01331/B Page 4 of 7
Decision Made : ...Permitted... Committee Meeting Date:...04.03.2019
Signed :...S BUTLER... 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
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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18/01331/B Page 5 of 7
PLANNING COMMITTEE DECISION 04.03.2019
Application No. :
18/01331/B Applicant : Mr Dennis Rodgers Proposal : Demolition of existing buildings and erection of building incorporating dining and support facilities for a restaurant/bar at ground floor level, and 6 apartments on the floors above (in connection with RB application 18/01332/CON) Site Address : 25-26 North Quay Douglas Isle Of Man IM1 4LE
Head of Development Management : Mr S Butler Presenting Officer As above
Addendum to the Officer’s Report
The Case Officer provided an update in relation to a consultation response from Douglas Borough Council. In light of this the recommendation was amended and the wording of condition 3 amended to read, "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".
The amended recommendation was accepted.
The committee did not accept the recommendation in relation to IPS for this application, and granted to IPS to the owners and occupiers of No. 24 on the grounds of potential increased traffic.
Reason for Refusal/Conditions of Approval Delete as appropriate
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. 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.
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18/01331/B Page 6 of 7
C 3. 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
C 4. 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.
C 5. 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: o the results of a bat survey which has been undertaken by licensed bat workers; o suitable protection and/or mitigation measures for any bats identified by the survey; o 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 o 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).
C 6. 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.
C 7. 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
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18/01331/B Page 7 of 7
C 8. 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).
C 9. 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).
Plans/Drawings/Information
This approval relates to the following plans/drawings/information (all date stamped as having been received 21.12.18): o Drawing Number P-10-10 entitled, 'Existing Floor Plans, Cross - Section, Site Plan and Site Location Plan' o Drawing Number P-10-11 entitled, 'Proposed Floor Plans and Roof Plan' o Drawing Number P-12-01 entitled, 'Existing Street Elevations' o Drawing Number P-12-02 entitled, 'Proposed Street Elevations' o Drawing Number P-12-03 entitled, 'Proposed Elevations, North Quay Sketches and Cross Section' o Drawing Number P-12-04 entitled, 'Proposed Site Plans and North Quay Photomontage' o Document entitled, "Design Statement for Demolition of Existing Mixed-Use Retail and Residential Properties and Erection of Replacement Buildings incorporating Restaurant / Bar at Ground Floor Level & 6 No. Apartments at First Floor Level & Above at No.25-26 North Quay, Douglas, Isle of Man, IM4 1HT for Mr. Dennis Rogers" and produced by Kay Associated Limited
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