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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 20/01542/B Applicant : Trustees Of Arlan PPS Proposal : Replacement of existing shopfront and installation of sliding doors Site Address : 35 North Quay Douglas Isle Of Man IM1 4LB

Planning Officer: Mr Peiran Shen Photo Taken : 22.01.2021 Site Visit : 22.01.2021 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Refused Date of Recommendation: 08.03.2021 __

Reasons for Refusal

R : Reasons for Refusal O : Notes attached to reasons

R 1. This application is considered to fail to comply with General Policy 2, Environment Policy 35, Planning Policy Statement 1/01 and Policy 7/89 due to the proposed shopfront failing to preserve its existing traditional character of a recessed entrance and it is considered that the proposed functionality could be achieved without losing this feature. __

Interested Person Status - Additional Persons

None __

Officer’s Report

1.0 THE SITE 1.1 The application site is the commercial curtilage of 35 North Quay, Douglas, a four- storey mid-terrace property located on the north of North Quay, between its junction with Ridgeway Street and Market Hill.

1.2 The shop front on the ground floor is a traditional shop window with a recessed entrance door in the middle. There are two fanlights above each side of the shop window.

2.0 THE PROPOSAL 2.1 The current planning application seeks full approval for the installation of a modern shopfront with no recess. There will be a main entrance door in the middle and a sliding folding door on each side of the main entrance door. The sliding door will be consists of three panels, with the one next to the pillar being fixed. There is a fanlight above each panel and the middle ones will be top-hung casements windows.

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3.0 PLANNING HISTORY 3.1 The removal of existing shop front and erection of a new front consisting of a sliding folding door was APPROVED at APPEAL under PA 14/00934/B. This application would have changed the entire shop front into a sliding door and changed the traditional fan light into glass louvre vents.

3.2 For PA 14/00934/B, the officer considered that the design failed to preserve or enhance the traditional character of the conservation area. However, the inspector argued that the variety of shop fronts is part of the character. The existing shop front was considered unique and therefore a change in style would preserve the variety within the area and is therefore acceptable.

4.0 PLANNING POLICY 4.1 In term of local policy, the site is within an area designated as Mixed Use Area (The Quayside) in the Area Plan for the East. The site is within the North Quay Conservation Area.

4.2 The Isle of Man Strategic Plan 2016 contains two policies that are considered specifically material to the assessment of this current planning application:

4.3 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (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; (g) does not affect adversely the amenity of local residents or the character of the locality: (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

4.4 Environmental Policy 35 states: "Within Conservation Areas, the department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

4.5 It is also important to consider Planning Policy Statement 1/01 (Conservation of the Historic Environment of the Isle of Man) - Policy CA/2, (Conservation Areas);

"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."

4.6 In terms of Planning Circular 7/89: Shopfronts set down the policies in respect of the alteration or replacement of shopfronts. (Section 2) General Principal states: "Surviving historic shop-fronts, and any others of character or quality, should be preserved. New shop-fronts should respect the scale, materials, colour and design of the building above. The design pf signage should be considered as part of the overall scheme."

5.0 REPRESENTATIONS 5.1 Douglas Borough Council has not commented at the time of the report (18/01/2021).

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5.2 DOI Highway Services does not oppose this application (27/01/2021). The comments states there is no significant negative impact upon highway safety, network efficiency and/or parking.

5.3 The Principal Registered Building Officer commented and recommended refusal of the proposal (19/02/2021). The comment states that the shopfront design of the site is one of the most successful frontages within the area. The proposal flattens the front elevation and fails to preserve or enhance the character or appearance of the Area.

6.0 ASSESSMENT 6.1 The key issue to consider in the assessment of this application is whether the proposed shop front would meet the test set out in Environment Policy 35 and other policies mentioned above in either preserving or enhancing the Conservation Area.

6.2 Shop front is unique, but contains windows nonetheless. While the Planning Circular 1/98 states replacement windows should be a replica of the original windows in design as much as possible, the main focus can be summarised into three points:

O windows visible from a public highway have higher priorities than other windows; O opening method of a window is more important than other design features; O patterns and frame are less important if not visible;

6.3 The property is highly visible by the public. The change of shop front style from traditional to modern is accepted as having been found appropriate for this property as having been recommended by the Inspector for PA 14/00934/B. However, as a conservation area the main purpose is to conserve traditional designs, whether big or small, especially if they are not in conflict of their modern usage.

6.4 The existing design, on the other hand, has a typical traditional symmetrical shopfront with a recessed entrance door. Its typical function is to display the shop space while benefit from natural light intake. The recess breaks the consistent elevation of the terrace and draws attention to the entrance.

6.5 The proposed flat shop front aims to maximise the use of all of shop space, especially the 6m space projecting from the front elevation, given the typical surveying method for shops. In addition, the foldable glazing and the vent windows will help deliver a comfortably cool temperature within the shop space in the summer while maintaining warmth in the winter, as climate change has increase the volatility in temperature variation.

6.6 The biggest difference in design is the removal of the recessed entrance. The recess is a strong indicator of traditional design. According to Planning Circular 7/89, historic shopfronts should be preserved. Even though the proposal has practical functions that the existing shopfront cannot provide, it is considered that they can still be achieved without removing the recess as a feature. Although a part of the character of the area is the variety in the designs of shopfronts, this variety is under the premise of traditional design. Modern design, unless carefully designed, is not an addition but a subtraction of this variety. Therefore, even though the proposal is considered to be an improvement from the previous approval, it is still considered to fail to preserve or enhance the character or appearance of the Conservation Area and therefore cannot be supported.

7.0 CONCLUSION 7.1 For the above reasons the application is considered fail to comply with General Policy 2, Environment Policy 35, Planning Policy Statement 1/01 and Policy 7/89. Therefore, it is recommended for refusal.

8.0 INTERESTED PERSON STATUS

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8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land which the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision-maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status. __

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

Decision Made : Refused Date: 08.03.2021

Determining officer

Signed : S CORLETT Sarah Corlett

Principal Planner

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