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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/01287/CON Applicant : Market Hill Property Ltd Proposal : Registered Building consent for alterations, installation of replacement roof slates to match existing and associated lead work to parapet, replace two roof lights and installation of four new roof lights, and replacement windows to ends of lantern roof structures with new sections of gutter above (in association with PA 19/01286/GB) RB 120 Site Address : New Market Hall Market Hill Douglas Isle Of Man IM1 2BH

Principal Planner: Miss S E Corlett Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 23.12.2019 __

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 commencement of any roof slate replacement, a sample of the slates to be used must be approved by the Department and the development must be undertaken in accordance with the approved materials.

Reason: in order to ensure that the materials to be used are appropriate for this Registered Building.

Plans/Drawings/Information;

This decision relates to drawings 05A and 13A both received on 02.12.19 and 01, 02, 03, 04, 06, 07, 08, 09, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22 and 23 all received on 15.11.19. __

Interested Person Status - Additional Persons

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None __

Officer’s Report

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 previous use was as a market which incorporated areas for the sale of various types of goods and also a cafe. The building has recently been refurbished (see 17/01081/GB and 19/01082/CON) and is being used as a cafe and bicycle shop with storage and shower facilities in the basement area.

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 valuable 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 the one which faces the British Hotel lane and this includes a round headed feature which has been changed from the round headed glazing found in the other features and has the top half so glazed but the lower part bricked up and with a pedestrian door. 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 is the re-roofing of the building with new, natural slates to match the existing and with associated leadwork to the parapet. Also proposed is the replacement of two fixed rooflights with opening rooflights and four completely new opening rooflights, all with dimensions 1340mm by 980mm and the replacement of existing single glazed timber windows at the ends of the lantern light structures with double glazed timber windows matching the original appearance.

2.2 The applicant has explained that efforts have previously been made to try to make the building watertight by addressing the junction of the wall with the roof where there is a parapet with box gutter, through installing coloured concrete to try and match the sandstone and by introducing a relatively modern membrane beneath the existing slates. The re-slating of the roof will involve new, natural slate which is "heritage and National Park approved" as it is suggested that the roof which has already been re-slated in the past using second hand slates is not considered suitable to receive second hand slates a third time and it is likely that up to 70% of the existing slates could be lost when removed for re-applying.

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2.3 A slightly thicker counter batten will be used to ensure that the slate nails do not penetrate the timber boarding visible internally which could be a pathway for water ingress. Additionally, the sandstone dressings, which are very porous are a further vulnerable point and it is proposed to dress them along with the box guttering, with lead.

PLANNING POLICY 3.1 The site lies within an area designated on the Douglas Local Plan of 1998 as Predominantly Shopping and the Registered status of the building is noted. The site also lies within the North Quay Conservation Area. The relevant policies to be applied to this application relate to its RB status and are found in the Strategic Plan and Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man, as follows:

Strategic Aim: To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage.

Strategic Policy 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.

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.

Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given

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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. The most recent applications, 17/01081/GB and 17/01082/CON proposed works to convert the building to a cafe and shop and have been implemented.

REPRESENTATIONS 5.1 Douglas Borough Council raises no objection (06.12.19).

5.2 Highway Services indicate that they have no highway interest in the application (05.12.19).

5.3 No comments have been received from any third parties in respect of this planning application.

ASSESSMENT 6.1 The issues in this case are whether the works would preserve or enhance the character or appearance of the Conservation Area or the character or integrity of the Registered Building. In so considering, it is important to remember that the special character of these buildings relates to their unique appearance, the Registration report noting that "there are no other comparable buildings of this architectural type on the Island and that there is an architectural quality of expression worth preserving." It also notes that the roof was leaking (1989).

6.2 The installation of the rooflights are unlikely to have an impact on the character or appearance of the building as they are unlikely to be seen other than from a position above the building. As such, they would have a neutral impact and would preserve the character and appearance of the building.

6.3 The work to the end lights of the lanterns again is unlikely to have an impact as the lanterns are high up on the building and not easily seen but in any case, what is proposed is to replicate the existing.

6.4 The work to the parapets, dressing them in lead will change the appearance of the property, albeit affecting only a small part of the building. The area to change is a small vertical section of this part of the building which currently appears somewhat inconsistently around the building, some parts being a consistent colour (possibly the coloured concrete) and others, weathered sandstone. The appearance of this lined in lead will change the appearance of the building but in a way which should not look out of place. It is important that the building is weathertight in order to ensure its future and as other options which would have resulted in less visual change have not been successful, it is considered that what is proposed is acceptable.

CONCLUSION 7.1 The works are considered to have a neutral impact on the building and whilst there may be a visual change, there would be an enhancement of the building in that it will be more watertight. As such, the proposal is considered to accord with the Strategic Plan and PPS 1/01 requirements and the application is supported.

INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent;

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(b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (d) Highway Services Division of Department of Infrastructure and (e) The local authority in whose district the land the subject of the application is situated.

8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

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I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 30.12.2019

Determining officer

Signed : J CHANCE

Jennifer Chance

Director of Planning and Building Control

Customer note

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