Officer Report

Application No.: 14/00934/B Applicant: Trustees Of Arlan PPS Proposal: Removal of existing shop front and erection of a new front consisting of a sliding folding door Site Address: 35 North Quay Douglas Isle Of Man IM1 4LB Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of 35 North Quay, Douglas, an end of a three storey Victorian terraced property immediately adjacent to The British Public House. The site lies within a Conservation Area. - 1.2 The property is a delicatessen and café at ground floor which fronts onto the North Quay with a reduction of the roadway to one vehicle width and associated level pedestrian surfaces which are occasionally used as seating space immediately in front of the shop. It is noted that there is no separate approval for the use of the pavement as an extension of the café. This should be applied for under separate application. - 1.3 The built environment in the immediate area is characterised by a variety of uses, architectural styles and finishes. Adjacent to the east, is The British, a Public House in the Arts & Crafts style, designed by local architect Armitage Rigby. Immediately to the west, 3334, is Vanderplank Opticians with a pair of frontages that owe more to traditional, rather than the contemporary, with windows and side doors inset into a masonry background. The restaurant beyond clearly links with St Matthew's Church in the use of its pointed arches and use of sandstone. None of these is considered to be original in terms of shopfront, but they do owe more toward the traditional, rather than the contemporary in terms of design and materials use.

2.0 THE PROPOSAL - 2.1 The application seeks planning approval for the removal of the existing shop front and the erection of a new front consisting of a sliding folding door.

3.0 PLANNING HISTORY - 3.1 The following previous applications are considered to be specifically material in the assessment of the current application: 08/01581/D - Retention of awnings with logos - Application Permitted

07/02318/C - Additional use of ground floor shop as a cafe - Application Refused - Permitted at Appeal

07/00594/D - To display a free standing sign board outside premises - Application Refused

04/02369/B - Proposed conversion of existing living accommodation into 3 self-contained apartments. Construction of access stairway and the provision of toilets and escape stair to ground floor cafe/shop and basement store - Application Refused - Appeal Withdrawn

04/00675/B - Conversion of existing shop and basement to a cafe with replacement shop front incorporating additional entrance and alterations to flat above - Application Permitted

93/00292/B - Refurbishment and alterations, 35 North Quay, Douglas - Application Permitted

4.0 PLANNING POLICY - 4.1 The site is identified as a "Predominantly Retail" within Map No.1, Central Area within the Douglas Local Plan 1998 and within the North Quay Conservation Area. - 4.2 As the application seeks planning approval for the removal of the existing shop front and the erection of a new front consisting of a sliding folding door on a property located within the North Quay Conservation Area designated in 1990, the relevant planning policies from the Isle of Man Strategic Plan 2007 (20th June 2007) are Strategic Policies 4 and 5, 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.'

• 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.'

• 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;
• (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' to the proposals.

5.1 The Department of Infrastructure Highways Services 'do not oppose' this application. - 6.0 ASSESSMENT

• 6.1. Taken together, part (a) of Strategic Policies 4 and 5, Environment Policy 35 and Category b) "Buildings in Conservation Areas" Windows Policy 1/98 and part (b) of General Policy 2 are clear that 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.
• 6.2 As noted, the application site has some attractive and traditional design features that are welcome and worthy of retention, in the context of Douglas' North Quay Conservation Area. It is considered that the loss of the existing shop front's fairly traditional character and appearance, typified by the centrally located, inset doorway and masonry stall risers, would be unfortunate. Whilst this may not be the original shopfront, this is a traditional format of shopfront and certainly the last remaining one in this section of the Conservation Area with the remaining frontages in the terrace compromised. The existing shopfront is in relatively good repair and is not considered to need replacement. Certainly the application does not set out that the condition of the existing shopfront is of concern.
• 6.3 The proposed replacement shopfront, a powder coated aluminium sliding/folding door screen with glass louvred vent over, whilst modern in appearance and a format of opening found elsewhere within the retail section of Douglas, would not be sympathetic, as it replaces a more traditional shopfront and in so doing, is not considered to preserve or enhance the character of the Conservation Area in terms of the loss of the traditional shop front format and the design of the replacement shopfront.
• 6.4 The applicant has indicated that they do not consider that they do not agree that the proposal results in a negative impact which justifies refusal of the application. They comment that the Conservation Officer’s suggestion for a simpler form of glass would not pass the test of preserving or enhancing the character and appearance any more than does the current proposal. They draw attention to the similar arrangement at The Douglas Clarendon which was approved. The streetscene in their view is characterised by a mixture of styles with few of any architectural merit and whilst their proposal differs from others in this view this is not harmed by what is proposed.
• 6.5 Despite the applicant’s views, it is considered the proposal to replace the existing shop front with a shop front consisting of a sliding/folding door is considered to conflict with part (a) of Strategic Policy 4, Environment Policy 35 and Category b) "Buildings in Conservation Areas" Windows Policy 1/98 and part (b) of General Policy 2, in that it would neither preserve, or enhance the character of the Conservation area within which it is located and nor would it provide a positive contribution to the built environment of the Island. Whilst a similar style of doors has been introduced at The Douglas Clarendon, this is a building of different proportions which perhaps lends itself better to this style of frontage treatment which is not necessarily directly transferrable to the application property.

- 7.0 RECOMMENDATION

7.1 On the basis that the proposed replacement shopfront would neither preserve, nor enhance the character of the Conservation Area within which it is located, the application is recommended for refusal. - 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: Refused

Date of Recommendation:

05.12.2014

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

R 1. The proposed replacement frontage would not enhance or preserve the character of the building nor those of the Conservation Area in which the property sits and as such would fail to comply with Environment Policy 35 or Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man.

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 : Refused Date : 9th December 2014 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer

Signed : Michael Gallagher Michael Gallagher Director of Planning and Building Control

Signed :…………………………………….. Jennifer Chance Head of Development Management