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24/00572/B Page 1 of 19
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00572/B Applicant : Hesketh Investments Limited Proposal : Conversion of office building with a rooftop extension to create a sixty four bedroom hotel (class 3.1) with restaurant and bar (class 1.3) roof top spa facility and plant room, blocking off existing vehicle access and reinstatement of the pavement, and creation of loading bay and drop off zones Site Address : Royalty House Walpole Avenue Douglas, IM1 2LT
Principal Planner: Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 07.08.2024 __
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.
C 2. No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details.
Reason: In the interests of the character and appearance of the site and surrounding area.
C 3. Prior to the occupation/operation of the hotel or restaurant or spa hereby approved the highway works as shown on drawings P-01 REV A and ITB19707-GA-001 REV H shall be completed and retained thereafter.
Reason: In the interest of highway safety and provision of facilities to service the proposals.
C 4. Prior to the occupation/operation of the hotel or restaurant or spa hereby approved the bin/recycling stores, staff shower, staff lockers rooms, staff room and cycle store as shown on drawing P-01 REV A shall be completed and retained thereafter.
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Reason: In the interest of providing facilities to service the proposals and measures to promote sustain transport measures.
C 5. The existing ground floor windows sill level above the adjacent footpath along Bath Place shall be retained as existing.
Reason: In the interest of flood protection of the site
C 6. The ground floor glazing and windows sills, and rear door to the fire exit along Walpole Avenue shall be installed 150mm higher than the top of pavement. Where there is level access to the main entrance doorway and staff doorway a linear drainage channel across the opening shall be installed to remove any surface water.
Reason: In the interest of flood protection of the site.
C 7. All existing and new windows/glazing along the rear Lane Walpole Avenue is to be retained or installed at a minimum of 200mm above the adjacent rear lane level. Further the main kitchen door shall be installed at 260mm above the adjacent pavement and the two refuse stores doors shall be installed at 125mm above the adjacent lane with a linear drainage channel at the threshold to also be installed and all retained thereafter.
Reason: In the interest of flood protection of the site.
N 1. A S109 Highway Agreement will be required to be entered into for the proposed highway works on Walpole Avenue.
This application has been recommended for approval for the following reason. It is considered that the planning application has no unacceptable adverse impacts upon public or private amenities and therefore it 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), Planning Policy Statement 1/01, Climate Change Act 2021, Our Island and Our Future Isle of Man Visitor Economy Strategy 2022-2032.
Plans/Drawings/Information; This approval relates to the submitted documents and drawings reference numbers all received;
24.05.2024 EX-03 REV A EX-04 REV A EX-05 EX-06 P-02 P-03 P-04 P-05 P-06 Design Statement 1431.19 Planning Energy Statement - MAR 1311 - MARCH 2024 Rev A Transport Assessment - 10 May 2024
19.07.2024 EX-01 REV B EX-02 REV B P-01 REV A
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GA001 REV H GA002 REV G Road Safety Audit Report - RSA-24-001 - July 2024 Public Car Parks Space Availability Douglas, Isle of Man __
Interested Person Status - Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions these do relate to planning considerations:
Flood Management Division (DOI) Department of Enterprise
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):
The owner/occupier of 5 The Steadings Manor Woods, Douglas 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; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and 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
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 Royalty House, Walpole Avenue, Douglas, located on a corner plot to the North of Bath Place and east of Walpole Avenue. The site sites to the north of Parade Street Car Park. The existing building which was completed in 1998 is set over five storeys and has an "Art Deco" design, style and finishes.
1.2 Currently the building is mainly vacant, and is used for office uses, with ground floor level accommodating a total of approximately 13 spaces and motorcycle provision (as per approved plans 95/01658/B). When the building was previous fully occupied the applicants indicated there was up to 200 employees across five floors and has as total floor area of approximately 20,000 sq.ft (1858sqm).
2.0 THE PROPOSAL 2.1 The application seeks full approval for the Conversion of office building with a rooftop extension to create a sixty four bedroom hotel (class 3.1) with restaurant and bar (class 1.3) roof top spa facility and plant room, blocking off existing vehicle access and reinstatement of the pavement, and creation of loading bay and drop off zones.
2.2 In terms of the physical development the proposals includes the following main changes;
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o Blocking up the existing vehicle access to the Walpole Avenue Elevation with glazing and new door opening; o Replacing existing doorway on Walpole Avenue Elevation with glazing; o All windows and doors to be replaced in upvc or aluminium framed double glazed system; o Additional single storey upward extensions to existing roof level, finished with a mixture of glazing and a mid-grey metal panels. This will accommodate the new spa. An additional single storey extension detached from the spa extension is also proposed again finished in mid grey metal panels. This extension is part fully enclosed (plant room) and part enclosed but without roof (our plant space air source heat pumps and refrigerant based units). A total of 68 solar photovoltaics panels would be installed to the roofs of the two extensions, which are enclosed by louvres.
2.3 The proposal also includes works to the existing parking bays on Walpole Avenue (opposite of road of site) to create drop off and pick-up and delivery parking areas.
2.4 The applicants outline: "The ground floor contains the main hotel Reception, with bar and restaurant areas. Also on ground is the main kitchen, bins stores, laundry, staff changing and staff rooms, cycle store and shower.
Each upper floor is designed to have sixteen en-suite bedrooms, some of which are interconnecting for family use. The bedrooms are designed to offer a mix of double and twin beds, with larger executive bedrooms and DDA bedrooms. Each upper floor has a cleaner's cupboard and linen store. The central corridor is generously wide and doors to the bedrooms are recessed to create additional space creating the appearance of a more luxurious hallway.
The rooftop spa is designed to have a flat roof area to mount arrays of solar panels. The spa facility has a reception area, with changing rooms, DDA toilet, two treatment rooms, a gym, with a lounging area that has two hot tub jacuzzis, a sauna steam room and plunge pool. Both the lounging area and the gym open out onto a new roof terrace.
In order to successfully renovate the bedroom and other interior rooms, where internal walls meet the glazed curtain walling in the external walls, the double-glazing is removed and replaced with opaque panels and acoustic plasterboard insulated walling. The replacement infill panels would look like glass panels from the outside. There are a few rooms where a new window would need to be punched 1431.19 Design Statement, New Hotel, Royalty Building, Douglas through the existing cavity wall, but this is located to the rear lane elevation and as a result the main street-scene building facades to Bath Place and Walpole Avenue would remain relatively unchanged."
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 and erection of new office accommodation with associated retail and car parking areas, The Royalty Building, Walpole Avenue, Douglas - 95/01658/B - APPROVED
3.3 Approval in principle for development of office accommodation and car parking, The Royalty building, Walpole Avenue, Douglas - 93/01188/A - APPROVED
3.4 The following planning applications are considered relevant, albeit not on the application site but nearby sites;
3.5 Proposed Mixed-Use Development incorporating a casino, offices, 25 residential apartments and car parking - Site Bounded By Victoria Street, Lord Street And Walpole Avenue
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3.6 Erection of up to 14 storey of mixed use development including a multiscreen cinema (Class 4.4); office space (Class 2.1); 9 commercial units (Classes 1.1 to 2.1); bus information centre; public toilets; bus driver welfare area; 5 bus stands on Lord Street with associated waiting areas; site development and landscaping works; back of house area, plant facilities and circulation space; green roof terrace; 85 residential apartments (Class 3.4); and private parking facilities (91 car spaces) - Land At Lord Street Car Park - 24/00586/B - PENDING CONSIDERATION
4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area zoned as "Mixed Use Proposal Areas - The Fort" identified on the Area Plan for the East 2020. The site is within the Douglas Promenade Conservation Area. The existing building is not a Registered Building, nor proposed to be. The site is not within a high flood risk zone in terms of "River and Tidal" but highways/rear access lane surrounding the building are at a high flood risk from "Surface Water.
4.2 Given the nature of the application it is appropriate to consider the following planning policies:
Isle of Man Strategic Plan 2016 4.3 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;
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(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."
4.9 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 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."
4.13 Business Policy 11 states: "Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be (1) Tourism Strategy 2004 - 2008 Fit for the Future Department of Tourism and Leisure April 2004 87 situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted." 4.14 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."
4.15 Transport Policy 7 states : The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7.
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4.16 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. For Office use there is a requirement of 1 space for every 50 square metres of nett floor space. Within this Appendix it also comments; "These standards may be relaxed where development: (a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or (b) would result in the preservation of a sensitive streetscape; or (c) is otherwise of benefit to the character of a Conservation Area. (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality."
4.17 Transport Policy 8 states: "The Department will require all applications for major development to be accompanied by a Transport Assessment."
4.18 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 by an Energy Impact Assessment."
Area Plan for the East 2020 4.19 "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."
4.21 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 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."
4.22 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."
4.23 Mixed Use Area 5 - The Fort states; "This area provides the most redevelopment opportunities. The area is well located, near to the Sea Terminal, the Quayside and the retail areas. It is identified in the Central Douglas Masterplan as having potential for a variety of uses appropriate to the Island's Capital."
4.24 Town Centre - Mixed Use Proposal 5 states; "There will be a presumption in favour of large or comprehensive development schemes for uses in the following categories: Tourism/hotel Leisure
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Entertainment Food and drink Provision must be made for public transport and a multi-storey car park within the area. Office and Residential uses will be acceptable at first floor level and above, but not at ground floor where an active frontage will be required. Any development must be of the highest design quality and improvements to the public realm. Uses which conflict with those stated in this Proposal will generally not be supported. As this area lies partly within the Douglas North Quay Conservation Area, development plans should pay special regard to this location."
Town and Country Planning Act (1999) 4.25 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."
Conservation Areas of Planning Policy Statement 1/01 4.26 Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man).
Climate Change Act 2021 4.27 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. Some of the major actions include: o The provision of carbon neutral electricity supply by 2030; o Bringing forward building regulations to ensure 97% energy efficiency in new buildings; o Seeking to bring forward a ban on fossil fuel heating systems in new builds to 2024; o The installation of 20MW of local renewables by 2026; o Future introduction of further support for homeowners and tenants to aid the transition; o The setting of a new interim emissions target of 35% by 2030.
Our Island, Our Future Isle of Man Economic Strategy 2022 4.28 Approved by Tynwald in November 2022, the Economic Strategy outlines a 10-15 year strategy which seeks to, "...build a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which positively impacts all residents on the Isle of Man".
To achieve this vision, the strategy aims to make the Island a more attractive and prosperous place to live and work which it states will sustain and grow productive businesses and services. The plan outlines a £1bn long term public and private investment programme to secure 5,000 new jobs and a £10bn economy with infrastructure that can support 100,000 Island residents over the next fifteen years to 2037.
In terms of infrastructure and services, the plan seeks to actively invest in key services and infrastructure that attract and retain economically active people supported by a range of targeted incentives and disincentives to sustain targeted growth. The strategy also suggests example initiatives which, amongst other things includes the provision of suitable and affordable housing; housing especially for 20-40-year-olds; further support for the Island's education and skills offering; and affordable accessible childcare. The Plan recognises the importance of prioritising housing delivery in order to provide the housing stock to support the growth of the Island's population, employment and economic growth. The Plan states that without this, the economic potential of the Island will be held back and other policy measures will be less effective. The strategy also seeks to substantially decarbonise the service part of the economy by 2030, supporting an overall reduction of 35% in the Islands Greenhouse Gas emissions.
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Our Island, Our Future Isle of Man Visitor Economy Strategy 2022-2032 4.29 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."
Our Island Plan (2024/25) 4.30 Essentially sets out the overall ambition and vision for the Island from 2021 - 2026 with core strategic objectives to offer a 'secure', 'vibrant' and 'sustainable' Island. Within this plan it comments; "Visitor numbers In 2023, air travel was up 6% and sea travel up 7%; it was a record year for cruise visits, and overall visitor numbers grew, exceeding 318,000. This placed the Island as one of the strongest growth areas post pandemic across the British Isles, achieving 5th position in Sky Scanners global "hidden treasures", and supported by a good recovery in TT visitor numbers to 43,000, and a global 260% increase in digital audience."
5.0 CONSULTATIONS 5.1 Highway Services initially commented and sought further revisions to the loading arrangements and pedestrians crossing on Walpole Avenue, and new parking surveys conducted, should be considered. (14.06.2023).
5.1.1 Following amended plans Highway Services final comments stated (26.07.2024); "Proposal: The proposals includes conversion of an existing office building including proposing additional support services and creating a new loading bay on Walpole Avenue. The applicant has undertaken pre-application discussions with Highway Services. This is the second application response after updated information provided by the Applicant dated 19 Jul 2024 online. Further HDC comments to the updated information are provided in red below based on previous HDC comments on 14 Jun 2024 Road Adoption: No additional area adopted for highway maintainable by Accessibility and Connectivity: The site is in a sustainable location in Douglas City Centre and can take advantage of local transport facilities and public amenities. To encourage active travel from the site, the Applicant should consider a raised table crossing at the end of Walpole Avenue adjacent to Bath Place, so pedestrian links are improved to bus stops, car parks and city centre amenities. See Alterations of the Highway section for possible crossing position. This has been addressed on the updated information and plans dated 19 Jul 2024 online, with a raised crossing table on Walpole Avenue at the end of the road nearby to the hotel entrance. This will also help operatives load/unload packages from the proposed loading bay on Walpole Avenue through an easier/level crossing point. Vehicular Access: Vehicular access to the site would be using the existing highway network which is acceptable. See Alterations of the Highway section for issues on access and parking design. This has been addressed on the updated information and plans dated 19 Jul 2024 online. Internals The proposed internal layout is acceptable. Alterations of the Highway: The proposed lay-by on Walpole Avenue would reduce the footway width to less than 2m and has a loading bay which is only 2m in width which would not cater for large vehicles.
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With large vehicles trying to park in the bay, and observed vans parking down Walpole Avenue in the existing bays, it is likely that other large vehicles will find it difficult to move past over large vehicles parking in the new bay, and could result in collisions particularly with wing mirrors. The Applicant should consider retaining the existing footway width and moving the loading bay to the other side of the road in existing bays numbered 9 and 10 on the plan at a minimum. A raised table crossing at the end of Walpole Avenue could also help operatives moving large items from vehicles using the loading bay going to the building. Drop/off pick up can be completed in the loading bay when not already in use or quickly on Walpole Avenue - bay 8 could be used to extend loading/pick up-drop off if is assessed as needed. This has been addressed on the updated information and plans dated 19 Jul 2024 online, with loading and drop off bays being moved to the other side of Walpole Avenue in-line with the existing bays on the road. Below is an annotated sketch of a suggested changes to the loading arrangements than that currently proposed.
Parking: Parking survey relived on in the TA is more than 11 years ago which is out of date. The Applicant should do surveys of the car parks, even if only spot surveys, in 2024 based on TA Table 6.6 car park locations to see current supply and demand of local car parks. This has been addressed on the updated information dated 19 Jul 2024 online. There is suitable amount of car parking spaces in the city centre to cater for parking demand from the site. Transport Assessment: A Transport Statement has been provided with the application providing traffic and transport information for the proposals to standard methodology. Traffic Impact: The traffic impact of the site is acceptable for the local transport network. Travel Plan: Not required.
Off-Site Works and Mitigation: See Alterations of the Highway section above for revisions requested. This has been addressed on the updated information and plans dated 19 Jul 2024 online. Road Safety: A road safety audit has been completed for the scheme. The audit has been updated to address the amendments. Planning Conditions: 1. The highway works on Walpole Avenue shown on the approved plans shall be completed before first occupation of the proposals. 2. The bin store and cycle store arrangements on the approved plans shall be completed before first occupation of the proposals and retained thereafter. Note. A S109 Highway Agreement will be required to be entered into for the proposed highway works on Walpole Avenue. Conclusions: Further revisions to the loading arrangements and pedestrians crossing on Walpole Avenue, and new parking surveys conducted, should be considered. The Applicant has now addressed the issues raised by HDC previously and therefore HDC now do not oppose (DNOC) the application subject to conditions attached to permission. Recommendation: DNOC"
5.2 Douglas Borough Council final comments have resolved to support the application (14.06.2024 & 16.07.2024). "The above planning application was given careful consideration by the Council's Environmental Services Committee (ESC) at a meeting held on the 15th July 2024 when it was resolved to support the application subject to the applicant making some minor amendments to the location of the drop-off/pick-up loading bay area and the inclusion of a raised pedestrian table crossing at the Bath Place junction with Walpole Avenue as was suggested by the DOI's
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Highways Services officer. The Council's Environmental Services Committee also agreed with the DOI's request for an updated parking survey of available car parking spaces within the public carparks near the proposed development."
5.3 Highway Services Drainage comment (12.06.2024); "Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Recommendation: Detail required for Surface Water drainage in loading bay and drop off area."
5.4 Flood Risk Management (DOI) initially sought additional information as the proposed building is within an area that is showing as being subject to surface water flooding and with the proposed change of use of the ground floor from mainly parking to restaurant we would like an FRA detailing the flood mitigations for this area. (10.06.2024). Following this request the applicants commented;
5.4.1 "The building is set in Douglas city centre fronting or backing onto Walpole Avenue, Bath Place and the Rear Lane Walpole Avenue. The risk map shows surface water flood risk in the area of the site. There is surface water drainage in the form of road gullies and combined kerb/drainage system in the vicinity of the building. Please note this is an existing building so all the measures of mitigation highlighted below, are an improvement on an existing building. The footprint of the building remains the same. The majority of the refurbishment works are internal and have no impact on the outside of the building or its footprint and site area.
Surface Water Flooding on Walpole Avenue Our proposed building works will reduce the SW flood risk for the building on Walpole Avenue. At present there is a level vehicle access into a small ground floor car park from the highway into the building which is a risk area. Under the proposals agreed with Highways Development Control we will be blocking this off by adding a new 125mm HB kerb where the access used to be.
The pavement along the façade on Walpole Avenue falls from the building face, down to the kerbline into the highway gutter. In the highway along the length of the building there are existing four road gullies - two on the eastern kerbline gutter nearside to the building and two on the western kerbline gutter on the opposite side of the highway. Therefore any surface water on the pavements will drain to the highway gutters and discharge into the gulleys there. The 125mm high HB kerbs and the fall from the building will provide some protection from flooding. Further protection is given by the ground floor glazing and windows sills, and rear door to the fire exit being a further 150mm higher than the top of pavement: suggesting a floor level some 300mm above road gutter level. Where there is level access to the main entrance doorway and staff doorway, there is a linear drainage channel across the opening to remove any surface water. Surface Water Flooding on Bath Place The existing pavement falls from the building façade down to the kerbline and into the gutters on the highway. On Bath Place there is a combined kerb/drainage system on the north side of the highway and two road gulleys at the junction with the Rear Lane Walpole Avenue. Therefore any surface water on the pavements will drain to the highway gutters and discharge into the gulleys there. The flood risk to the building along Bath Place frontage remains the same as before as the façade has no new openings at Ground Floor, and the existing windows sills are set some 500-600mm above top of pavement level; giving good protection against SW flooding.
Surface Water Flooding on Real Lane Walpole Avenue The surface on rear Lane Walpole Avenue is a mix of tarmacadam and concrete. There are three road gulleys along the lane and in the manoeuvring/parking areas, and two road gulleys at the junction with Bath Place. Therefore any surface water on the lane will discharge into the gulleys there. All existing and new windows/glazing on the rear lane is set some 200-250mm
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above the rear lane levels; giving good protection against SW flooding. There are three new doorways proposed for the development. The main kitchen door is set 260mm above the pavement which is 125mm above the rear lane surface, giving a height of 385mm above the rear lane level; giving good protection against SW flooding. The two refuse stores doors are level access set on the pavement, which is 125mm above the rear lane surface. The doorways will have a linear drainage channel at the threshold. The refuse store rooms do not have any doorways to the interior of the proposed hotel so in the unlikely event that any surface water crosses the linear drainage channels it will be contained within the rooms until it can be cleared out.
As this development is the refurbishment of an existing building the application does not create any additional risks to the area. The application has considered the risks to the new hotel and have mitigated those risks."
5.4.2 Following these comments the Flood Risk Management comment they have no objection subject to conditions made within their correspondence on 26th June 2026.
5.5 Head of Visit Isle of Man - Tourism (DfE) make the following comments (08.07.2023); "This comment has been provided by Officers from within the Visit Isle of Man Agency and as such, should be considered as Officer comment only and, therefore, not the view or official position of the Visit Agency Board, or political members of the Department for Enterprise.
The Our Island Our Future Visitor Economy Strategy 2022-2032, endorsed by Tynwald in May 2022, includes a Visitor Accommodation Transformation Action Programme that seeks to develop 500 new and transformed hotel and serviced accommodation bedrooms and 500 new units of distinctive, contemporary, eco-friendly non-serviced accommodation to support visitor number growth over the next 10 years.
Programme 3 (Visitor Accommodation Transformation) of the strategy highlights that our visitor accommodation studies have shown that we are lagging behind our competitor island, coastal and rural destinations in terms of the quality and choice of visitor accommodation that we offer. Investment needs to be secured in distinctive, contemporary and ecofriendly visitor accommodation that will attract new visitor markets to the Island, help to boost off-peak demand, and enable the Island to get ahead of the competition.
The development would see the creation of a 64 bedroomed hotel with associated restaurant and bar areas and a roof-top spa. The Our Island Our Future Visitor Economy Strategy states that our priority to 2032 will be to triple our holiday and short break demand with over 70% of our additional visitors staying for such purposes. The strategy has four target markets to grow and attract including 'Traditional Traveller', 'Curious Explorers', 'Experience Seekers' and 'Family Adventurers'. Development of new hotel accommodation will add to the growth of these markets.
Documents '2400572B APL Drg P02 Proposed First and Second Floor Plans' and '2400572B APL Drg P03 Proposed Third and Fourth Floor Plans' on the planning application shows several interconnecting rooms on each floor which would satisfy the family market. There is also a proposed accessible bedroom on each floor which will add to the Island's accessible bed stock, which shows alignment with the Equality Act 2017. At present, the Isle of Man has a limited number of family friendly and accessible bedrooms within the serviced sector.
Document '2400572B APL Drg P04 Proposed Fifth Floor and Roof Plan' shows in the inclusion of a spa area with roof terrace. The Global Wellness Institute stated 'Wellness Tourism is expected to grow more than any other wellness sector - increasing by about 21% by 2025'. The Isle of Man has a strong wellness offering, and the inclusion of a spa in this hotel will only add to this. It will appeal to all markets, specifically 'Traditional Traveller', 'Curious Explorers' and 'Experience Seekers'.
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Document '2400572B APL Design Statement' on the planning application breaks down the Economic Benefits of the hotel development including the number of jobs being created (18 full-time employees with an average salary of £30k). The creation of jobs supports Visit Isle of Man to achieve its targets under Programme 7 (Talent Development) of the Our Island Our Future Visitor Economy Strategy.
The need for new hotel developments is further supported by the Department's commitment within the Enterprise Act 2008 highlighting 'new hotel accommodation 3* and above (whole business, sole business)' as eligible for financial support and encouraged. The justification is as follows: o There has been a loss hotel accommodation over the last ten years o The Island needs quality hotel accommodation o Support business sector as well as tourist visitor sector
From an Area Plan perspective, we note that the site is located within the The Fort Mixed Use Area designated in the Area Plan for the East approved by Tynwald on the 18th November 2020, and the redevelopment of the site for visitor accommodation is entirely in keeping with that designation.
It is anticipated that the development would achieve a high quality finish satisfying a number of elements highlighted as growth potential within strategic documentation which will be in sympathy with the Departments policy to encourage a quality visitor experience to ensure the Island remains a competitive as a destination.
For the reasons set out above, Visit Agency Officers are thus fully supportive of this application..."
5.6 The owner/occupier of 5 The Steadings Manor Woods, Douglas comments to the application (08.07.2024); "The plan states the current building is unoccupied & untennantable. However this is incorrect as it is currently being rented to Derivco Isle of Man. Meaning it can be rented out."
6.0 ASSESSMENT 6.1 The main issues to consider in the assessment of the application are; o Principle of the development; o Potential impact upon the street scene and Conservation Area; o Potential highway issues/parking provision; o Economic impacts; o Energy policy/Climate Change.
6.2 PRINCIPLE OF THE DEVELOPMENT 6.2.1 The starting point is whether the loss of 20,000sqft of office space within Douglas centre is acceptable. No evidence has been submitted by the applicants in this respect; however, looking at available office space for sale/rent on a single web site (Black Grace Cowely -11.07.24) a very approximate figure of 266,000sqft (36 football pitches) was available in Douglas Centre only. The units available ranged from small units to large buildings. Accordingly, with this very high level search it is clear there is a significant amount of office space of various sizes and types available with Douglas centre.
6.2.2 The building is currently advertised for lease for office use from September 2025. There is currently a single tenant who occupies part of the building, but this lease ends in October 2024. Otherwise the building is unoccupied. As outlined in Section 2.0 of this report the applicants are having difficulty in finding a replacement tenant for such a large amount of office space and indicate there has been little interest. In terms of the reasoning for the proposal the applicants comment; "The existing Royalty Building has been an office building since 1999. The building has a rooftop plant room, four upper floors of office space and a ground floor with some offices,
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entrance foyer, some car parking, with waste storage and plant rooms. The building is currently unoccupied as the tenant has vacated the building. The building owner Hesketh Investments Ltd (Keith Lord) the Applicant, has been having difficulty in finding a replacement tenant for such a large amount of office space - approx. 20,000 sq.ft. The owner has considered other letting options but there seems to be little interest in the office market at present for such a large floor area, or even letting each floor separately. The Applicant is concerned that he will be left with an empty building that he cannot let so he is considering other options for its use. As he already owns and operates other tourist, hotel accommodation and serviced apartments across a number of sites on the island; he is considering renovating and extending the building to create a new hotel and spa.
The Applicant has been operating in the leisure sector on the Isle of Man for 17 years. Mr Lord currently owns and operates the Mannin Hotel on Broadway Douglas. He also owns and operates serviced apartments on Rileys Corner, Douglas and Bay View Road, Port Erin; and operates holiday cottages in Lonan. Mr Lord would like to diversify his leisure portfolio further with a new hotel. The hotel is designed to have a rooftop spa and plant room, with four upper floors accommodating sixty-four bedrooms. The ground floor has staff facilities, cycle storage, waste storage, laundry, kitchen, a restaurant, small bar area and reception foyer. The bedrooms are all en-suite double or twin rooms and there is accommodation flexibility with a number of inter-connecting bedrooms, executive bedrooms and DDA bedrooms."
6.2.3 Overall, given the sizeable amount of available office space within Douglas centre, it is considered the loss of office space on this site is un-objectionable at this time. This view may change if there was clear demand for office accommodation given the lack of available space, but that does not appear to be the case at this time.
6.2.4 As outlined within the Area Plan for the East the site is designated within an area of Mixed Use. Within the Written Statement accompanying the Area Plan paragraph 3.4.2 states; "...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."
6.2.5 Tourism Proposal 1 states indicates that; "There is a recognised need for the renewal of the Island's hotel offer through investment in existing stock and some new hotel provision...". Tourism Proposal 2 states that; "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."
6.2.6 This proposal would meet the aims of these policies. This view is supported by the Head of Visit Isle of Man and the benefits this size and type of new hotel would provide.
6.2.7 While Mixed Use Area 5 - The Fort is identified in the Central Douglas Masterplan as having potential for a variety of uses appropriate to the Island's Capital. Further it outlines that there will be a presumption in favour of large or comprehensive development schemes which include "Tourism/hotel" as well as "Leisure" and "Entertainment Food and drink".
6.2.8 Accordingly, for these reasons it is considered the principle of the proposed uses would comply with a number of planning policies and Government aims and therefore the principle of the uses are considered acceptable.
6.3 POTENTIAL IMPACT UPON THE STREET SCENE AND CONSERVATION AREA 6.3.1 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
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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 4.25 of this report on whether the proposal would preserve or enhance the Conservation Area.
6.3.2 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.
6.3.3 The main changes to the existing building are the ground floor external works which block the existing vehicular access and the works to the existing roof level to create an additional storey. The rest of the building essentially remains as it stands today.
6.3.4 In terms of the blocking of the vehicular access and other works mainly to small parts of the fenestration along Walpole Avenue there are no concerns, and arguably from a visual standpoint the change of large parts of the ground floor from a car park to a restaurant would be an enhancement, given the restaurant use would result in more of a "active frontage" to the main public viewpoints along Walpole Avenue given a large section of the window onto Walpole avenue would obtain views of the restaurant and the entrance lobby of the new hotel/spa. This kind of development is sought by the Area Plan for the East, namely Mixed Use Area 5.
6.3.5 The main change to the building is the creation of the two detached single storey upward extensions at the roof level. The first element (spa extension) is located to the southern part of the roof level and runs parallel with the elevations of the building which face Walpole Avenue, around the corner of the building which faces Bath Place and continues around the corner to the elevation which faces onto the rear access lane. This element of the building would be set back from the parapet walls of the building/elevations between 1.3m and 1.8m. All parapet walls and architectural details would remain as it is today. The extension height is 3.6m (exclude louvers screening at roof level to screen solar panels) and therefore would project approximately between 3.4m and 1m above the existing parapet walls of the existing building.
6.3.6 The second extension which sites to the northern section of the existing roof level has setbacks from the parapet walls of the building/elevations between 0.65m to 7m and is generally setback further back from the Walpole Avenue elevation than the first extension mentioned above. Again the extension has a height of 3.6m and therefore would project approximately between 3.4m and 1m above the existing parapet walls of the existing building.
6.3.7 When viewing the building along Walpole Avenue and Bath Place it is unlikely the proposed extension wouldn't be especially apparent; if at all, given the height of the building and setback position of the extensions from the facades of the building.
6.3.8 The main potential views of the roof extensions would be more distance views namely Lord Street, Parade Street and South Quay. The upwards extensions will be apparent, albeit given the setback position, parapet walls of the existing building, the dark coloured finishes of the extensions and the finishes (painted render) of the existing building, it is not considered he visual impact of the proposals would result in a significant adverse visual impact and would not detract from the visual appearance of the existing building which will remain as the prominent element within the street scenes and retain its appearance as a well-designed and finished building.
6.3.9 Accordingly, it is considered the proposal would preserve (neutral impact) the character and appearance of the Conservation Area and comply with Environment Policy 35 of the IOMSP
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and Section 18(4) of the Town and Country Planning Act (1999). Further, the proposal would comply with General Policy 2, Environment Policy 39 & Environment Policy 42 of the IOMSP.
6.4 POTENTIAL HIGHWAY ISSUES/PARKING PROVISION 6.4.1 The submission by the applicants includes a Transport Statement prepared by i- transport LLP which considers a number of highway implications with the development, including traffic generation, as well as the impact of the lack of any off street parking spaces being provided. A Road Safety Audit in relation to the layby is also included within the submission.
6.4.2 In terms of parking, the development does not proposal any. This is not the same situation, as the existing building has a total of 13 spaces at ground floor level, which are to be removed to creation the restaurant. If the existing building where proposed today a total of approximately 38 car parking spaces would be required as per the IOMSP (approx. 1900sqm net floor space / 1 space per 50 sqm). This is the same to when the building was originally proposed under PA 95/01658/B, where the planning officer at the time stated; "The vehicular access and the parking proposed are well disguised and do not result in areas of dead features along Walpole Avenue or Bath Place. The parking provision is subsequently less than that which would be required if the standard ratio of 1 space/50sqm of office floor space were applied (38 spaces)." And "Provision of further parking space is likely to prejudice the design of the building, resulting in a poorer appearance and a contrived internal layout."
6.4.3 In terms of parking provision for a hotel the parking standards generally require 1 space per bedroom (64 bedrooms = 64 parking spaces) in rural and suburban locations but in urban location standards may be relaxed. For the conference and leisure facilities of hotels (i.e. bar/restaurant/spas etc) a general requirement of 1 space per 15 sqm is sought, which in this case equates to 54 parking spaces (815sqm (proposed spa and ground floor) / 15sqm). The IOMSP does outline that; "These standards may be relaxed where development: (a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or (b) would result in the preservation of a sensitive streetscape; or (c) is otherwise of benefit to the character of a Conservation Area. (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality."
6.25 The Transport Statement highlights that the previous use of the building operated with limited parking spaces for a total of 200 staff (when fully occupied). Further it indicates that; "...The TRICS trip generation database has been used to estimate the potential use of the extant permission of the site as an office as well as the likely number of multi-modal trips that will be generated by the hotel and restaurant for both staff and guests. 85th percentile trip rates have been used in accordance with the requirements of the Manual for Manx Roads in order to ensure a robust assessment for the hotel, with an allowance made for those who are staying at the hotel who will also use the restaurant. Overall the proposed development will generate a similar level of trips in comparison to the office use. However, in the peak hour periods across the weekdays there will be a reduction in vehicle movements. This will have a beneficial effect on the operational of the local highway network..."
6.26 The Transport Statement also includes details of public long stay car parks near to the site (within 10 minute walking distance for staff and visitors), these include; o Chester Street Car Park has 9 levels of parking, levels 4,5 & 6 are for long stay parking; o Shaw's Brow Car Park has 7 levels of parking, levels 3 & 4 are for long stay parking; o Parade Street Car Park has some contract spaces but mainly long stay parking; and o The Bottleneck Carpark has long stay parking.
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6.27 The statement also includes details of surveys which where three randomly selected times mid-week, to determine the number of available parking spaces in each car park. The results submitted indicated that within these public par parks there are;
o Monday 15th July at 2.30pm - Total number of spaces at this time; 244 spaces o Monday 15th July at 7.30pm - Total number of spaces at this time; 680 spaces o Tuesday 16th July at 10.30pm - Total number of spaces at this time; 142 spaces
6.28 The applicants therefore consider that this demonstrates there is ample spare off-street parking capacity within a reasonable walk of the site in order to accommodate the expected small number of vehicle movements generated by visitors and staff. Further, the applicants statement also indicates that the site is within the town centre and is high accessible by alternative modes of travel and is within close proximity to a number of bus stops and the main bus station on Lord Street, which has direct links throughout the IOM and the Airport. Finally the statement indicates that on the basis of the forecast profile of arrivals and departures for taxis, as well as servicing and delivery vehicles, over a 24-hour period it has been demonstrated that the proposed lay-by is sufficient to accommodate the expected drop off/pick-up and delivery movements serving the hotel.
6.30 The submitted Transport Statement concludes that; "Having regard to the analysis contained in this document and in accordance with the requirements of the Isle of Man Strategic Plan 2016, it is concluded that there are no valid highway or transport reasons for objecting to the proposed development. The development proposal: o Will enable future employees and guests at the hotel to have genuine opportunities to travel by modes of transport other than the private car; o Will be car free and there is ample spare off-street parking capacity within a reasonable walk of the site in order to accommodate the expected small number of vehicle movements generated by visitors and staff; and o Will provide a safety-audit compliant lay-by to accommodate the expected drop off/pick-up and delivery movements serving the hotel and will also provide adequate refuse collection arrangements." (this Safety Audit has subsequently been submitted and approved by Highway Services).
6.31 It is also important to consider that the principles of the IOMSP seek for sustainable development and that Transport Policy 1 which seeks that new development should, where possible, be located close to existing public transport facilities and routes, including pedestrian, cycle and rail routes. The preamble to this policy is paragraph 11.2.3 which states that to meet environmental objectives new development should where possible be located and planned so as to reduce the need for travel and encourage means of travel other than by private car, in particular walking, cycling, and public transport use. It further goes on to state that such sites should be within or contiguous with existing built centres which are well served by public transport and which are within walking or cycling distance of the new development, and this will have the added benefit of strengthening the services, shops, employment opportunities and overall vitality of those centres. These aims are essentially replicated by the Active Travel Strategy approved by IOM Government and which the Area Plan for the East relies heavily one as well (see policy section of this report).
6.32 The application includes secure covered cycle secure storage as well as shower/changing facilities for members of staff. Bus stops are almost immediately adjacent to the site/within very close proximity to the main bus station on Lord Street. Arguably, the application site is in one of the most sustainable locations on the Island and therefore it would be reasonable to conclude that if any site /development meet the sustainable aims of the IOM Strategic Plan, Active Travel Strategy and the Area Plan for the East, it is this proposal.
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6.33 Significant material consideration is given to Highway Services comments who raise no objection to the application in terms of traffic generation, the proposed lay-by or the lack of parking provision. They consider the application to be acceptable subject to conditions listed.
6.34 Overall, while the proposal would not provide on-site parking, it is considered the hotel use on this specific site, located in the centre of town, close to public transport links and good sustainable links, would all help meet the overarching aims of the IOMSP which seeks to promote sustainable development and travel which seeks to reduce the need for travel and encourage means of travel other than by private car, in particular walking, cycling, and public transport use.
ENERGY POLICY 6.35 In accordance with Energy Policy 5 the applicants have submitted an Energy Statement which outlines all the energy reduction and efficiency measures proposed to be undertaken, some of which are; o High performance building fabric for the extension. o Improvements to the building fabric in the existing building (roof) and reduction of the existing infiltration rates. o Energy Efficient lighting, services and equipment. o Passive design measures to reduce energy demand for heating, cooling, ventilation and lighting. o ASHPs (refrigerant type VRV / VRF for heating and cooling through-out) o Heat recovery on mechanical ventilation systems (Ground floor Social area, Gym and Spa) o Building management control system o Roof mounted PV if required for compliance. o Upgrade of the existing new Oil boilers to Gas (cleaner) for process (Spa) and Hybrid hot water production for the hotel integrated to ASHP o LED Lighting
6.36 The submission includes details for 68 solar panels mount at roof level, and Air Source Heat Pumps within the external plant area at roof level (uncovered).
6.37 For information, such details are now recommended to be included in any current planning application, as they are individually regarded as development and require planning approval. If they were not shown on the current plans and then would be needed to be installed later due to impending deadlines (see below), then there is the potential the entire application for the whole scheme including the non-fossil fuel heating systems would need to be re submitted. The impending deadlines are 1st January 2024 all Building Regulation Applications will not approval a fossil fuel heating system in any new build and on the 1st January 2025 it will be illegal to install a fossil fuel heating system in any new building (can also include extensions if a new heating system is being installed within that extension).
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), Planning Policy Statement 1/01, Climate Change Act 2021, Our Island and Our Future Isle of Man Visitor Economy Strategy 2022-2032 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 (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;
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(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.
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: 19.08.2024
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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