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11 September 2014 14/00862/B Page 1 of 5 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/00862/B Applicant : Mrs Julie Kilic Proposal : Installation of bi-fold doors to existing shop front (retrospective) Site Address : Pizza King 2 Southview Queens Promenade Douglas Isle Of Man IM2 4NP

Case Officer : Mr S Moore Photo Taken :

Site Visit :

Expected Decision Level :

Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE

1.1 The site is the curtilage of No.2 South View, Queens Promenade, Douglas. The property is a four-storey (including dormer attic space) semi-detached, Victorian former dwelling. It is painted smooth render, with projecting first floor bay windows, an ornate cornice at the eaves and mouldings over the second floor arched windows.

1.2 The ground floor of the site is currently in use as a pizza takeaway/ restaurant.

2.0 THE PROPOSAL

2.1 The application seeks (retrospective) planning approval for the installation of bi-fold doors to the existing shop front.

3.0 PLANNING HISTORY

3.1 The following previous applications are considered to be specifically material in the assessment of the current application:

10/01071/D - Erection of illuminated and non-illuminated signage (retrospective) - Application Refused

05/92426/B - Installation of uPVC vertical sliding sash windows to replace existing to top floor of front elevation - Application Permitted

05/01796/PART - b) Installation of replacement uPVC windows to third floor of front elevation

• Application Refused - SPLIT DECISION

05/01796/B - a) Installation of replacement uPVC windows to first and second floor front elevation and rear elevation - Application Permitted- SPLIT DECISION

04/01446/A - Approval in principle to convert ground floor restaurant with dwelling over into 4 permanent apartments - Application Refused on Review

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11 September 2014 14/00862/B Page 2 of 5 01/00039/C - Change of use to unlicensed restaurant and hot food take away - Application Permitted on Review

4.0 PLANNING POLICY

4.1 The site is identified as being within a "Tourism/Residential" Map 2 (South) within the Douglas Local Plan 1998.

4.2 As the property is located within the Douglas Promenade Conservation Area designated in 2002, the relevant planning policies from the Isle of Man Strategic Plan 2007 (20th June 2007) are Strategic Policy 4, General Policies 1 and 2 and Environmental Policy 35. Policy CA/2 SPECIAL PLANNING CONSIDERATIONS of Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) and Category b) "Buildings in Conservation Areas" of Windows Policy 1/98 are also considered to be relevant to the determination of this application.

Strategic Policy 4 states:

'Proposals for development must:

(a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, 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 unacceptable environmental pollution or disturbance.'

General Policy 1 states:

'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.'

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;

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11 September 2014 14/00862/B Page 3 of 5 (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.'

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.'

Policy CA/2 - Special Planning Considerations states:

'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 special consideration where the character or appearance of a conservation area may be affected.'

Category b) "Buildings in Conservation Areas" Windows Policy 1/98 states:

If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE THE SAME patterns and section of glazing bars and the same frame sections as the as the original windows.

Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction"

5.0 REPRESENTATIONS

5.1 Douglas Borough Council has considered the application and 'have no objection'.

5.2 The Department of Infrastructure Highway Services 'Do not oppose' the application.

6.0 ASSESSMENT

6.1. The application seeks (retrospective) planning approval for the installation of bi-fold doors to the existing shop front.

6.2 The applicant informs that the shopfront was 'smashed beyond repair' after the winter storms of early 2014.

6.3 The shop front that these proposals replace was a simple silver anodised aluminium frame, with horizontal dividing bar/mullion, approximately a third of the windows height. There was advertising in the form of decals on the inside of the glass. This shopfront was not historic and could not be considered to be of any architectural merit.

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11 September 2014 14/00862/B Page 4 of 5 6.4 That proposed is the installation of a pair of bi-folding doors which sub-divide the elevation into four. This is in turn sub-divided vertically with the introduction of top lights over the doors, the outer ones of which open.

6.5 The doors are finished in black, probably powder coat.

6.6 Whilst the new doors do not reinstate any historic pattern, they are considered to be an enhancement on those that they replace and are therefore considered acceptable.

6.7 In conclusion, the installation of bi-fold doors to the existing shop front is considered to be an enhancement and is therefore considered to comply with Strategic Policy 4, General Policies 1 and 2, Environmental Policy 35 of the Isle of Man Strategic Plan 2007 (20th June 2007), in conjunction with Policy CA/2 of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) and Category b) 'Conservation Areas' of Windows Policy 1/98 and is therefore considered acceptable.

7.0 RECOMMENDATION

7.1 For the above reasons the application is considered to be acceptable and is recommended for approval.

8.0 PARTY STATUS:

8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, or any other person in whose interest the land becomes vested, as their comments have been deemed material; Highway Services, and Douglas Borough Council in whose district the land the subject of the application sits.

Recommendation

Recommended Decision:

Permitted

Date of Recommendation:

10.09.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals

C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

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11 September 2014 14/00862/B Page 5 of 5 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.

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This approval relates to A3 Location Plan Scale 1:500, A4 colour photo showing the proposed, A4 colour photo showing the proposed with dimensions, A4 colour photo showing the existing with dimensions all date stamped 18 July 2014.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : ………..…………………..

Determining officer (delete as appropriate)

Signed :…………………………………….. Chris Balmer

Senior Planning Officer

Signed :…………………………………….. Sarah Corlett

Senior Planning Officer

Signed :…………………………………….. Michael Gallagher

Director of Planning and Building Control

Signed :…………………………………….. Jennifer Chance

Head of Development Management