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21/00421/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/00421/B Applicant : Mrs Lydia Quayle Proposal : Conversion existing nightclub/public house to create first & second floor residential area and ground floor mixed use cafe/barbers shop including outdoor seating area Site Address : Paramount City Queens Promenade Douglas Isle Of Man IM2 4NN
Planning Officer: Mr Peiran Shen Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 07.09.2021 __
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. The proposed fence for screening the bin storage shall be painted entire black or entirely white, any colour agreed with the department in writing.
Reason: to preserve the character and appearance of the conservation area.
C 3. No approval is hereby given to the erection of any signage.
Reason: for the avoidance of doubt.
This application has been recommended for approval for the following reason. This application would improve the character and appearance of the Douglas Promenade Conservation Area. The proposed elevation treatment would be similar to its original design and the proposed use would bring more vitality and economic sustainability into the area. The application is considered to comply with General Policy 2, Environment Policy 35 and Transport Policy 7 of the Strategic Plan.
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Plans/Drawings/Information;
This approval relates to the submitted documents, planning statement and drawing no. 20- 019-01, 20-019-02A, 20-019-03C, 20-019-04B, 20-019-05 as having been received on 19th April 2021.
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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 relating to planning considerations:
DoI Flood Risk Management Division
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not 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 6(4) (or 4(2)):
SAVE Mann's Heritage 49 Derby Square, Douglas
is 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. __
Officer’s Report
1.0 THE SITE 1.1 The application site is Paramount City, Queens Promenade, Douglas, a three-storey detached building located on the north of Queens Promenade, close to its junction with King Edward Road and Summer Hill. There is also a roof terrace on the top of the building and a basement. The ground and first floor were used as a nightclub and the first floor is a three- bedroom flat.
1.2 The building has some very distinct characteristics. There are three double doors and a few casement windows on the ground floor. The front elevation is painted to mimic black tiles around the double doors and the floors above. There are a set of 30/70 fixed-panel or casement windows that forms a panoramic glass wall on the first floor. There are several casement windows and a full-width balcony on the second floor.
1.3 There is an existing black-timber-fenced area on the east corner at the front elevation for bin storage.
2.0 THE PROPOSAL 2.1 The planning application seeks approval for the change of use for the nightclub (sui genre) on the ground and first floor and flat on the second floor (Class 3.4) to a barbershop (Class 1.1) and a café (Class 1.3) on the ground floor and the basement, and a flat on the first and second floor (Class 3.4).
2.2 For the use of café, the proposal also includes the creation of an outdoor seating area.
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2.3 For waste on the ground floor, bin storage will be at the east corner of the site next to the road. Bins will be put in a fenced up area. The fence will be timber and painted white. Three Sheffield bicycle stand will also be installed on the south corner of the site next to the road.
2.4 The flat will have its entrance on the south corner of the ground floor. It will have an open-style kitchen with a generous dining area, an office and a few rooms for entertainment on the first floor. There will also be 4 bedrooms with en-suites on the second floor.
2.5 For the Flat, bin storage will be provided within the ground floor entrance along with a room for bicycle storage.
2.6 The proposal also includes a set of work on the external elevations.
2.7 The front elevation will be re-rendered with white paint. This is amended from rendering with white tiles after the recommendation from the Principal Registered Building Officer and the suggestion from SAVE Mann's Heritage.
2.8 On the ground floor, the existing doors will be replaced with dark coloured aluminium glazed external doors. There will also be a strip of black render under the window level.
2.9 On the first floor, all windows will be replaced with dark coloured aluminium windows that have styles that match the existing ones.
2.10 On the second floor, the bay-window style balcony entrance will be removed as well as all other windows. The existing balcony will be enclosed into three sections. An enclosed balcony following the curve of the existing balcony with casement windows on each side and a sliding door in the middle.
2.11 On the rear elevation, the proposed work includes the replacement of two triangular windows with uPVC ones that have styles that match the existing ones. The work also includes the installation of two new windows and a new double door on the ground floor.
3.0 PLANNING HISTORY 3.1 Erection of barriers with advertising to form an outside smoking area was APPROVED under 13/00472/D.
4.0 PLANNING POLICY 4.1 In terms of the local plan, the site is designated as Mixed Use in the Area Plan for the East. The written statement states that "Uses which are not compatible with residential development will generally not be supported within the areas of mixed use." The site is also within the Douglas Promenade Conservation Area.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
4.3 General Policy 2: "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
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(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."
4.4 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."
4.4 Transport Policy 7: "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."
4.7 Appendix 7.6 states town centre shops should have space for service vehicle use, and apartments should have 1 space for 1 bedroom and 2 spaces for 2 or more bedrooms.
4.8 Appendix 7.6 also states: "These standards may be relaxed where development: (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."
4.9 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."
4.10 In terms of Planning Circular 1/98: The Alteration and Replacement of Windows set down the policies in respect of the alteration or replacement of windows. (Part 6 Category b) Buildings in Conservation Areas 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 pattern and section of glazing bars and the same frame sections as the original windows"
5.0 REPRESENTATION 5.1 Douglas Borough Council requested additional information on this application (10/05/2021). The comment states that the Council welcome the investment on both properties but want to make sure adequate bin storage will be provided for both proposed use.
5.2 Douglas Borough Council has no objection to this application (16/07/2021) after a revised bin storage plan was provided.
5.3 DoI Highway Services requested additional information on this application (27/05/2021). The comment states the site is well-connected and is accessible through a range of transport means. Parking standard assessment confirms the parking provision is met. The comment then asks for clarification for the number of bike storage proposed.
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5.4 DoI Highway Services does not object to this application (13/07/2021) after an amended bike storage plan was provided. The comment states that the revised bike parking provision is considered acceptable. The comment also states that there is no significant road safety or highway network efficiency issues.
5.5 After swapping the location of the bike storage with the bin storage on the front to protect neighbouring amenities and preserve the character and appearance of the conservation area. Douglas Borough Council and Highway Services have no objections to the changes made (27/07/2021).
5.6 DoI Flood Risk Management Division states there is no flood risk management interest in this application (20/05/2021).
5.7 The Principle Registered Building Officer wrote in support of the development (21/05/2021). The comment states the "Paramount City is an Art Deco style building. The building's Deco style provides an attractive form that makes a positive contribution to the character and appearance of the Promenades Conservation Area." The comment also points out that the existing black tiles are "detractive from its appearance." The comment then supports the removal of black tiles and recommend replacing it with rendering. The comment then strongly recommend the use of metal windows instead of uPVC windows "would have a far superior appearance and add to its style and character".
5.8 SAVE Mann's Heritage (49 Derby Square, Douglas) commented with several suggestions (02/06/2021). The comment suggests that a CON application is required due to the demolition of the bay windows on the second floor. The comment also provides a history of the site. The comment points out that there is no tile finish at the moment and the proposed window should contrast the colour of the elevation render. The comment then suggests it is preferable that the new bay windows on the second floor be erected on the existing parapet rather than set back from it, and the windows should have a similar style compare to the first floor.
5.9 The Principle Registered Building Officer put in an additional comment (21/06/2021) after received an amended plan from the application as well as comments from SAVE Mann's Heritage. The comment states that given the condition of the front elevation, a white render is more appropriate for this building. The comment then considers the new bays windows on the second floor acceptable as long as they follow the existing curve of the balcony. The comment then recommends windows with contrasting colours to preserve the character of the building.
6.0 ASSESSMENT 6.1 The key issues to consider are the principle of the development, its impact on the character and appearance of the Conservation Area, on the user's amenities, on neighbouring amenities and highway and parking provision.
Principle of the Development 6.2 The site is located on the Promenade. The Area Plan for the East designates the area as being Mixed Use. The Promenade is a popular destination for tourists and residents alike. The provision of shops and restaurants would fit the Promenade's recreation purpose. Therefore, the proposal of Class 1.1 and Class 1.3 combination on the ground floor is considered acceptable.
6.3 The existing second floor is already a flat. The proposal doubles the size of the flat by occupying the first floor. As there is a mix of flats along the Promenade, the proposal of Class 3.4 on the first and second floor is considered acceptable.
6.4 Mixed Use means business and residential development existing within the same building. As the proposed Class 1.1 and 1.3 will usually generate moderate noise and activities,
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mostly during day time, while residential use is more active at night, it is considered that the proposed mixed use of commercial and residential within the same building is acceptable.
Visual Impact on the Conservation Area. 6.5 The building is rather unique within the area. Although the proposal would drastically change its appearance, it is more similar to its appearance when first built. The contrast of white render and dark frame windows will also become a feature within the Area. It is considered that the proposal will enhance the character and appearance of the Conservation Area.
6.6 Generally, placing bins at the front elevation would negatively impact and the street scene and is generally not permitted. In this case, there is also the fact the front elevation is an important feature of the Douglas Promenade Conservation Area. However, given the proposal is drastically improving the front elevation in general, the existing bin store (similar size/design) has been in place for more than 10 years and there is no practical space on the side or rear for bin collection. It is considered that the erection of a timber fence screening for the bin storage in the front elevation is acceptable.
User Amenities 6.7 According to Douglas Borough Council, the proposed bin storage is acceptable. Therefore, it is considered that refuse storage provision is acceptable.
6.8 There is one proposed flat. It has an open kitchen/ dining area, which is considered a primary room in the Residential Design guide, and the outlook of the front elevation is the Promenade and the Douglas Bay, which is a beautiful view and is typical for properties on the Promenade. Therefore, is considered that the outlook for the flat is acceptable.
Neighbouring Amenities 6.9 The proposal is within a mixed-use area and the proposed use of shops and residential will not generate more noise than existing business and residence nearby so the impact on neighbours is considered acceptable.
6.10 The bin storage can be placed on the west or east corner of the front of the site. However, placement on the west corner would impact the outlook of a primary window for Regency Hotel. On the other side, the east corner is recessed from the adjacent building, leaving an acceptable area for fencing off for bin storage. Therefore, it is considered that placement on the east corner would minimise the impact of the bin storage on neighbouring amenities.
Traffic and Parking 6.11 There is no specific parking to be allocated for this development. Whilst there is undoubtedly pressure on kerbside parking in the vicinity, Highway Services have confirmed that they have no objection so the impact on parking is considered acceptable.
6.12 The proposal includes cycling provision for both the commercial and residential units. As the Promenade is suitable for cycling, the provision of cycle storage would promote active travel and will enhance the vitality of the area.
6.13 Although the provision of bike storage for commercial use is only minimum. This is a trade-off among preserving the character of the Conservation Area, protecting neighbouring amenities and promoting active travel. Therefore, it is considered that the bike provision is acceptable.
Outdoor Seating Area and Other 6.14 The proposed outdoor seating area is within the curtilage and not on any highway. It is considered that there is no impact on the character of the area or highway safety.
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6.15 The removal of existing bay windows on the second floor does not require a registered building consent. There is because when comparing to the scale of the entire proposal, the removal of these bay window is considered an alteration of the front elevation rather than demolition. According to sections 15 and 16 of the Town and Country Planning Act and section 12 and Schedule 2 of the Town and Country Planning (Registered Buildings) Regulations 2013, only demolition of a building in a conservation area will require a registered building consent. Therefore, the removal of the existing bay windows and the replacement with the internal balcony does not require a registered building consent.
6.16 The installation of new signage will require an express advertisement consent and any erection of screening for the outdoor seating area will require a separate planning application.
7.0 CONCLUSION 7.1 The proposal is considered to comply with General Policy 2, Environment Policy 35 and Transport Policy 7 of the Strategic Plan. Therefore, it is recommended for an approval.
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; (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: (a) whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and (b) 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 : Permitted
Date: 08.09.2021
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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