9 December 2014 · Delegated - Senior Planning Officer (Chris Balmer, Sarah Corlett); Director of Planning and Building Control (Michael Gallagher)
35, North Quay, Douglas, Isle Of Man, IM1 4lb
The site is a three-storey Victorian terraced property at the end of a terrace, currently operating as a delicatessen and café at ground floor level, fronting onto North Quay in Douglas. The proposal involved removing the existing shop front, which features a traditional centrally located inset doorway and masonry stal…
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The officer concluded that the proposal conflicts with Strategic Policy 4(a), Strategic Policy 5, Environment Policy 35, Policy CA/2, Windows Policy 1/98 Category b, and General Policy 2(b) because th…
Strategic Policy 4
Requires proposals to protect or enhance the fabric and setting of Conservation Areas. The officer assessed the shop front replacement as failing this by removing a traditional feature without enhancement, harming the Conservation Area's character.
Spatial Policy 5
Requires new development to make a positive contribution to the environment. The modern sliding folding door was found not to contribute positively, replacing a traditional frontage in a sensitive location.
General Policy 1
Requires regard to the Development Plan and material considerations. Applied as the overarching policy framing the assessment against the local plan and conservation policies.
General Policy 2
Permits development respecting site surroundings in scale, form, design and not adversely affecting townscape character. The proposal failed part (b) and (c) due to adverse impact on Conservation Area townscape from loss of traditional shop front format.
Environment Policy 35
Permits only development preserving or enhancing Conservation Area character, protecting special features. Directly cited in refusal as the sliding folding door does not preserve or enhance, being inappropriate replacement for traditional frontage.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
Requires impact on special character of Conservation Area to be a material consideration. The officer weighed the proposal's harm to character from modern design replacing traditional elements.
Windows Policy 1/98 Category b) BUILDINGS IN CONSERVATION AREAS
Requires replacement windows visible from public thoroughfare to match originals in opening method, glazing bars and frame sections. Extended to shop front assessment; modern door fails to match traditional format.
have no objection to the proposals
do not oppose this application
The original application to remove an existing shop front and erect a new sliding folding door at a delicatessen/café in the Douglas (North Quay) Conservation Area was refused because it would not preserve or enhance the character of the conservation area, contrary to Environment Policy 35 and PPS 1/01. The appellant argued the shop front lacked merit, similar doors exist nearby, a prior approval existed, and the area is regenerating with varied architecture. The inspector found the area's character stems from architectural variety, the proposed doors would be unobtrusive and match existing awnings, and the existing front is not original, thus allowing the appeal. The Minister accepted the inspector's recommendation and approved the application subject to conditions on 22 April 2015.
Precedent Value
Demonstrates that in varied conservation areas, modern shop front replacements can preserve character if unobtrusive, match surroundings, and supported by nearby examples; assess originality of features before insisting on retention.
Inspector: Ruth V MacKenzie
