DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00174/B Applicant: The Empress Hotel Proposal: Installation of replacement windows to front elevation Site Address: Empress Hotel Central Promenade Douglas Isle Of Man IM2 4RA Principal Planner: Mr Chris Balmer Site Visit: 11.03.2024 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 12.03.2024

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason.

The proposed installation of replacement three windows and door to rear elevation are acceptable and as such complies with General Policy 2, Environment Policy 35 and Section 18(4) of the Town and Country Planning Act (1999).

Plans/Drawings/Information;

This approval relates to the submitted documents and drawing all received on 12.02.2024. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

- 1.0 THE APPLICATION SITE

1.1 The site is The Empress Hotel, Central Promenade, Douglas. The building is a substantial six storey traditionally styled hotel with a modern conservatory at upper ground floor level extending the full width of the property's front elevation. The property is within the Douglas Promenades Conservation Area.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the installation of replacement windows to front elevation. The proposal would is to replace the existing uPVC 50/50 casement windows with the same uPVC 50/50 split bottom opening casement windows.

3.0 PLANNING HISTORY - 3.1 There are 9 previous planning applications relating to the property on the Department's electronic database. None of these previous applications are considered relevant to the very modest proposals within the current application.

4.0 PLANNING POLICIES 2.1 The site lies within the area designated on the Area Plan for the East 2020 as Mixed Use, and within the Douglas Promenades Conservation Area. Parts of the site have a medium risk of surface water flooding.

4.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:- - 4.3 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;
• (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."

4.4 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." - 4.5 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man.

4.6 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".

- 5.0 REPRESENTATIONS

5.1 Highway Services have considered the proposal comment they have no highway interest (23.02.2024). - 5.2 Douglas Borough Council have no objections. (23.02.2024).

- 6.0 ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are;

• - Statutory test
• - Character and appearance

- 6.2 CONSERVATION AREA STATUTORY TEST

• 6.2.1 Prior to the assessment elements of this application, it is necessary to apply the Conservation Area statutory test as referenced in section 4.4 of this assessment on whether the proposal would preserve or enhance the Conservation Area.
• 6.2.2 The existing window proposed to be removed are not original in opening method or frame material, especially those within the front elevation.
• 6.2.3 In relation to the windows to the front elevation, these being most publically viewable from Mona Street are arguable the more important elements in terms of the character and quality of the Conservation Area. The proposals to the front elevation would be on a like for like bases and while sliding sash windows would have been preferred and timber, the fact of the existing windows the proposal would preserve (neutral impact) upon the character and quality of the Conservation Area.
• 6.2.4 Overall, it is considered the proposals would not have any adverse impact on the character and appearance of the terrace or that of the Conservation Area; having a neutral impact (i.e. preserve).

- 6.3 CHARACTER AND APPEARANCE

• 6.3.1 The Planning Department 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. Further, Section 18(4) of the Town and Country Planning Act (1999) as mentioned above, also requires that the desirability of preserving or enhancing its character or appearance in the exercise.
• 6.3.2 For the reason outlined previously (par 6.2.2 to 6.2.4) it is considered the proposal are acceptable and would preserve the character and appearance of the Conservation Area.

CONCLUSION

7.1 The proposed installation of replacement three windows and door to rear elevation are acceptable and as such complies with General Policy 2, Environment Policy 35 and Section 18(4) of the Town and Country Planning Act (1999). INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

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 above who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 13.03.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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