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Application No.: 08/00924/B Applicant: Dandara Commercial Ltd Proposal: Erection of office building and cafe Site Address: 38 - 40 Finch Road And Nos. 19 & 21 Well Road Douglas Isle Of Man ### Considerations Case Officer: Miss S E Corlett Photo Taken: - Site Visit: - Expected Decision Level: Planning Committee ### Written Representations - Seacliffe Old Castletown Road Ballaveare Braddan - Interest expressed ### Consultations Consultee: Chief Fire Officer Notes: Comments received Consultee: IOM Water Authority Notes: For single connections to a water main (i.e. a single dwelling) the applicant should contact IoMWA Customer Services, tel. 69 59 49 Consultee: Manx Electricity Authority Notes: There are Underground Cables/Overhead Lines present in the area indicated in your Planning Application. Please contact our Network Operations Department, Manx Electricity Authority, [Tel. 687687] to discuss working practices around Cables and Overhead Lines which may be required to be diverted before any work can be carried out on site. Consultee: Manx National Heritage Notes: Comments received Consultee: Highways Division Notes:** Defer ## Consultee: Douglas Corporation ### Notes: Objection 27.06.08 - No objection subject to conditions.
The site represents a parcel of land which includes 38 and 40, Finch Road, 40a and 40b, Finch Road, the single storey units on the western side of Well Road Hill between Finch Road and Market Street and open space to the rear of 38 and 40, Finch Road.
38 and 40 Finch Road are a pair of three storey plain fronted dwellings with slated roofs, a chimney on each gable with conjoined solid square porches in the centre of the ground floor frontage onto Finch Road. The buildings are detached from number 36 to the south but adjoin numbers 40a and 40b to the north. These properties are single storey flat roofed retail units (one is a newsagent's, the other a hairdresser's) which are significantly lower than number 38 and 49, allowing much of the northern gable of the larger properties to be visible from the north as one proceeds uphill past Chester Street Car Park. Parking is restricted along parts of Finch Road to make provision for the various vehicular accesses to the individual buildings, and in front of the retail units here there is only limited authorised parking available which often leads to vehicles being parked on double yellow lines whilst their drivers are delivering to or visiting the units.
Well Road Hill has small, single storey units at the top half on the right hand side as one proceeds downhill towards Market Street. One of these units is presently vacant (previously used for the sale of sofas) and the other, lower unit is used for the sale of food for consumption off and on the premises. Below the retail units there is a stone wall which is approximately 2.5m high which leads to the side of Markwell House, the premises of the DHSS. There is a pedestrian door in the wall alongside Markwell House. Behind the wall there is open, undeveloped space which accommodates a small number of trees.
The site is a prominent one whose buildings are directly in front of those proceeding down Christian Street or up/down Well Road Hill. The buildings within the site vary considerably in size, use and massing, with 38 and 40, Finch Road dominating the other buildings in the site as viewed from virtually all angles. The smaller single storey units are quite distinct from most, if not all other buildings in the vicinity and are generally of basic form.
There is presently no on-site parking available within the land identified as the application site.
The site lies within an area designated in the Douglas Local Plan as Predominantly Offices.
Many of the buildings on this, the eastern side of Finch Road are Registered: numbers 4 to 24, Finch Road represent Registered Buildings 93 - 102 inclusive. In the middle of this row of properties is number 10, Finch Road which is not Registered (it is a relatively new building built under the provisions of PA 87/4821). The application site is separated from the Registered Buildings by numbers 26 - 36, Finch Road, which are not Registered and which are the subject of a contemporaneous application - PA 08/0933 - which is presently being considered and which proposes demolition of the existing buildings and their replacement by a single office building with on-site parking.
The site lies opposite, but not within, the Windsor Road Conservation Area. The Conservation Area includes the musical instrument shop and offices for AE Corkill Removals - the AE Corkill site referred to later (on the opposite side of Finch Road) as well as the Bank of Ireland Building (to the rear of
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the AE Corkill site), Mona Terrace (to the north of the music shop and opposite Chester Street Car Park), and the older properties on Mount Havelock at the south eastern end of Christian Road. Excluded is the surface level car parking on Mount Havelock and the shop units beneath which front onto the western side of Finch Road. The Conservation Area was adopted in August 2003.
Various applications have been considered in respect of the buildings within the site; however, the most recent and relevant of these is PA 06/0014 which proposed the demolition of the two dwellings at 38 and 40, Finch Road and their redevelopment, including the land to the rear, extending down to Markwell House but excluding the hairdresser's, newsagent's, former sofa shop and food outlet.
This proposed the creation of two floors of office accommodation and three floors of apartments (five in number) with three levels of car parking to the rear and was refused on appeal. The reasons for refusal given by the Inspector and accepted by the Minister related to the dominating impact of the rear elevation on "this part of the Douglas", noting that the flat roof of the rear of the building would be 18m above the adjacent part of Well Road Hill and only 1m lower than the properties fronting Finch Road. He noted that the proposal would result in the loss of the greenery at the back of the appeal site which provides "some welcome relief". He observed that the shop units at the corner of Finch Road and Well Road Hill "appear somewhat incongruous" and encouraged a comprehensive re-development of this corner and noted that the present scheme would prejudice this. He expressed concern at the proposal to install and utilise an hydraulic lift for car manoeuvring within the site and finally concluded that the flat roofed dormers or glazed entrance would not be unacceptable as suggested by the Planning Authority, and noted that the property is not within a Conservation Area.
It is also relevant that planning permission was granted and is still valid for the redevelopment of the AE Corkill site opposite the application site. This permission, granted on appeal following the Planning Committee's refusal of the proposal for reasons relating to over-dominance and intrusiveness, PA 03/1473, permits the demolition of the offices and gymnasium (now a music shop) and its replacement with a four floor office development. Part of the permission granted on appeal requires there to be a legal agreement to provide 14 car parking spaces off site. This agreement is now in place although development has not commenced on site and the buildings on site continue to be used for other purposes. This site lies within the Conservation Area which was adopted prior to this application being considered.
Re-development of part of Chester Street Car Park has also been permitted (PA 06/1745). This lies opposite the site, across Well Road Hill and proposes the creation of a doctor's surgery and associated development. This development is presently underway.
As another illustration of relatively recent proposals for office development within Douglas and the approach taken in respect of design, scale and car parking, permission was granted for a four storey office development off St. George's Street, PA 06/1715 following the Planning Committee's refusal of the application for reasons relating to design and appearance. The proposal was for 1400 sq m of office floor space and 15 car parking spaces were provided. The Inspector accepted that the proposal did not provide the number of spaces which were required by the Strategic Plan (28) but that the constraints of the site and the provision and implementation of a Travel Plan which would illustrate how the applicant could take steps to avoid users of the building travelling to site by private motor car justified setting aside the requirement for the spaces in this case in accordance with the balanced approach suggested by the Strategic Plan Appendix Seven A.7.6.
Finally, the applicant is also proposing another development off Market Street which will involve the provision of car parking facilities - PA 08/0925. The applicant suggests that the parking requirement for this current office development may be satisfied by the parking provided in this proposal.
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Proposed is the demolition of all structures on site - the dwellings and shop units together with the stone wall alongside Well Road Hill, and their replacement by a complex of buildings which will accommodate offices with a sandwich shop at the lowest level alongside Markwell House off Well Road Hill. There is to be 3,667 sq. m of office floor space and 62 sq. m of cafe. The nett floor area will be 2150 sq m excluding circulation space, toilets etc).
The building will be 4.5m higher, at its highest point, above the existing buildings at 36, Finch Road and between 2m and 3m lower than the building proposed in PA 08/0933 to replace these buildings. The frontage to Finch Road is approximately 9.5m higher than the top of Markwell House which is approximately 23m to the east. The principal part of the building will be 18m tall fronting onto Finch Road, stepping down a floor towards the corner with Well Road Hill. The building takes a tiered approach so that at the lowest level, the site will be totally developed and as the building gets higher above ground level, it steps back from Markwell House and Well Road Hill. Where the building steps back, the opportunity is being taken to introduce planting. It is not proposed to retain the existing trees or open area but to replace these by managed landscaped areas created within and atop various parts of the building.
The building will step down in three stages alongside Well Road Hill, reducing the highest expanse of walling to 3m which is a very small section mid-way down the hill. This part of the building is to be finished in stone. As such the view from pedestrian level of the side of the building is not a large expanse of uninterrupted walling but a variety of differing materials, shapes and floors.
The overall design concept is one of dominant vertical elements to the Finch Road frontage and horizontal edges, turning the corner onto Well Road Hill from where the building is very horizontal to take account of the depth of the site and the stepping down of the building to take account of the contours of the land. The materials to be used are a combination of coloured stucco, grey coloured aluminium windows with contrasting, mainly horizontal lines of stucco around windows and under the eaves at the upper levels. The roof will be finished in slate grey single ply roofing membrane and the decked areas will be finished in paving.
The applicant confirms that they have consulted with the Department of Agriculture, Fisheries and Forestry Forester who suggests that the trees on site are of limited value and that the site is more suited to shrubbery type vegetation rather than trees.
An energy impact assessment is provided which explains that the building will be well insulated, high efficiency condensing boilers to be installed, with many internal features which will be installed at the discretion of the occupant of the building and which are not controllable by the planning process. Water butts are to be installed where practicable and all building materials to be sourced locally where possible. There is nothing in particular which describes how the building itself has been designed or positioned to maximise energy efficiency and much, if not all of what is proposed is not subject to planning control. However, what has been provided satisfies the requirement of the Strategic Plan Energy Policy 5 to include such an impact assessment.
REPRESENTATIONS
The Isle of Man Fire and Rescue Service recommends discussion regarding fire safety, which is a matter for the Building Regulations and as such should not be referred to in the planning decision notice.
The Isle of Man Water Authority raise issues associated with the provision of a water supply, which are not material planning considerations and as such this should not be referred to in the planning decision notice.
The Manx Electricity Authority refer to existing supplies which is a matter for the building regulations and discussion whilst the works are being undertaken and as such should not be referred to in the planning decision notice.
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Manx National Heritage recommend that the buildings are retained and protected and, failing that, the facades should be retained.
A resident of Port Soderick does not oppose the principle of redevelopment but does not consider that the proposal complies with Environment Policy 42 or general Policy 2b, c or g. He also suggests that there may not be a need to require car parking as the site is well located to be accessible to public transport.
Douglas Corporation object to the application on the basis that it is not in keeping with Finch Road which is predominantly a Georgian style terrace. Douglas Corporation acting as Drainage Authority has no objection but suggests conditions, most of which are dealt with in the Building Regulation application or through other legislation or are proposed in the application and as such do not need to be referred to in the planning decision notice.
ASSESSMENT
The matter of the value of the existing buildings was not considered to be a reason why the principle of the redevelopment of this site should have been refused in the previous application, PA 06/0014 and indeed, other than a comment made by the Society for the Preservation of the Manx Countryside and Environment, there was no objection to the principle of the demolition of the buildings at that time by any other party. There have been no changes in policy since then which would justify greater protection of these buildings than was the case at that time.
Subsequent to the submission of the application, the Conservation Section of the Department of Local Government and the Environment has considered the merits of the buildings in question, along with those which are the subject of the application for 24-34, Finch Road and has concluded that in both cases, the buildings are not of sufficient interest or merit to warrant registration or the objection to their demolition.
As there is a small building which links 36 and 38 Finch Road, it would not be possible for the buildings to be demolished without planning permission under Part 2 Section 6.2.e of the Town and Country Planning Act 1999.
As such, there is no objection to the principle of the demolition of the existing buildings on the site and their replacement by a new building or buildings. The site lies within an area of Predominantly Office use on the Douglas Town Plan of 1998 and the proposed use of the site is almost exclusively offices with a sandwich bar, a use which is presently accommodated within the site. As such, the proposed use is considered acceptable.
As such, it is considered that the following policies within the Strategic Plan are applicable to the consideration of this application:
Strategic Aim: "to plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting and improving the quality of the environment, giving particular regard to our uniquely Manx natural, wildlife, cultural and built heritage".
Strategic Policy 1 which states: "Development should make the best use of resources by: a) optimising the use of previously developed land, redundant buildings, unused and under-used land and buildings and re-using scarce, indigenous building materials; b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space and amenity standards and c) being located so as to utilise existing and planned infrastructure, facilities and services".
Strategic Policy 4; "Proposals for development must: a) protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), buildings and structures within National heritage Areas and sites of archaeological interest; b) protect or enhance the landscape
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quality and nature conservation value or 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 to unacceptable environmental pollution or disturbance"
Strategic Policy 10: "New development should be located and designed such as to promote a more integrated transport network with the aim to: a) minimise journeys, especially by private car; b) make best use of public transport, c) not adversely affect highway safety for all users, and d) encourage pedestrian movement."
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 space 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 adverse 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 42: "New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
Transport Policy 7 which states "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards".
Appendix Seven which states that "the parking requirement for new office space will be 1 space per 50 square metres of nett floor space" and which goes on to state:
"These standards may be relaxed where development: a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or b) would result in the preservation of a sensitive streetscape, or 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" (A.7.6).
The application of the standards would result in a requirement for 43 parking spaces for the office space and servicing facilities for the cafe.
As such, the key issues are as follows:
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In the assessment of the visual impact of the building, it is relevant to consider the previous proposal and the decision taken on appeal. This decision was critical of the mass and size of the building in terms of its impact as viewed from Well Road Hill and Market Street and the loss of the greenery behind the building. This latest application proposes a comprehensive scheme which was suggested to be a more appropriate approach in the earlier application and as such there is no sudden increase in height from the existing single storey flat roofed buildings which were previously to remain.
The building has been designed to step away from both the lower end of the site and from Well Road Hill and to introduce some planting alongside the outer edge of the building. Whilst this will not provide the same amount or type of vegetation which is presently at the rear of the building and visible from Well Road Hill, it does break up the elevations and will not be dissimilar to the planting which is in and around the car park opposite the site. The existing vegetation behind the wall has value for wildlife and public amenity, however, its location would prejudice the optimum redevelopment of the rest of the site - protection of the trees would be difficult whilst development was being undertaken, at the very least. As such, provided that the scheme introduces greenery and interest then this is not considered a sustainable reason for refusal. The scheme proposes smaller scale and wider spread greenery, more akin to its urban location and this is considered acceptable.
The context of the site includes the proximity of the Conservation Area, which was specifically referred to in the previous appeal as not including the application buildings and Registered Buildings, which are not immediately adjoining the site. In addition, there are a number of sites immediately alongside the site which have planning permission for redevelopment or which are proposed for such. The context of the site, and the edge of the Conservation Area is changing and it is relevant that the Inspector for the previous application found no fault with the elevational treatment to Finch Road or the general design approach to the scheme. As such, whilst the scheme is modern, it has clearly taken into account the corner location, in that it steps down towards and around the corner of Finch Road and Well Road Hill and acknowledges the significant change in ground level from west to east.
It is considered that the scheme is acceptable and in the context of both the redevelopment of the adjoining buildings in Finch Road, or if this scheme does not go ahead and number 26 - 36 Finch Road remain in their present form.
In respect of car parking, the applicant proposes that the spaces which are required in association with this application are provided by way of their concurrent proposal for the development of the Greeba Works site on Market Street. The buildings on site are presently being demolished. 43 spaces would be required for the office element of the development and space for servicing of the cafe facility. It should be noted that there is no space presently on site for any of the existing or potential authorised uses of the existing buildings. It should also be noted that the Strategic Plan makes provision for flexibility to be applied to parking standards within town centre locations (see A.7.6.d and Strategic Policy 10 above) and the recent decisions in respect of the doctors' surgery (which required provision of staff parking spaces off-site), the re-development of the AE Corkill site (where 14 spaces were required by way of a legal agreement) and the office development in St. George's Street (which reduced the number of spaces provided in association with the adoption of a travel plan). It is also relevant that the on-street spaces in and around the site (Albert Street, Mona Street, Christian Street, Finch Road) are generally fully occupied throughout the day and Chester Street Car Park has limited capacity for additional day-time spaces. As such, it is considered appropriate that some provision is made to accommodate the vehicles which are likely to be generated by the office element of this application.
In this case, it is suggested that a condition be attached requiring the production of a legal agreement to provide the spaces prior to the commencement of any work on site. PA 03/1473 included reference to a distance of 400m in which the parking spaces should be provided and "Better Places to Live" a companion to PPG 3 refers to bus stops being no further than 300m apart.
CONSERVATION OFFICER'S SUPPLEMENTARY REPORT:
The proposal site is located in a very prominent position on the end of Finch Road, immediately adjacent to the Woodbourne Road Conservation Area in Douglas. There are currently some poor quality two storey shops on the corner portion of the site and a pair of early 1800's houses further up Finch Road. The latter were investigated for worthiness of addition to the Protected Buildings Register in the late 1970's/early 1980's when most of Finch Road were considered for Registration, but were not considered to be of comparative quality to those Registered. As the Planning Officer has pointed out within their report, the issue of retention was not considered in the previous Appeal on the same site.
Following receipt of the correspondence from Manx National Heritage, the buildings were reappraised. Access was gained to No 38 Finch Road, but not to No. 40. The detailing inside No. 38 was not considered remarkable, fire places were missing and there was evidence of alteration, specifically to the upper floors that was considered eroded the quality of the buildings. Given the structural issues prevalent and the qualitative issues mentioned, it was considered that the buildings were not of sufficient merit to warrant addition to the Protected Buildings Register in accordance with the categories as set out within Planning Policy Statement 1/01 - Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man.
Turning to the proposals; the architectural approach to the design of the building is modern contemporary utilizing a materials palette that includes a stone base, painted render 'stucco' and zinc panels, aluminium framed glass and flat roofs. The massing of the building is sympathetic to the topography of the site and the scale of the buildings to which it is neighbour by stepping up Well Road Hill to the corner addressed with large plate glass windows and up again to Finch Road.
The modelling of the Finch Road façade is developed using vertically proportioned render panels with punched window apertures which allude to the façade of Nos. 38 and 40 Finch Road, the former early Victorian houses on the site. The junction with the adjoining terrace is handled via a set back in the facade which will create a shadow gap and therefore separation between the two. The visible floor zones in the glazing anchor the potentially disparate sections together and result in what is in my opinion, a building that successfully addresses the constraints of the site and is therefore successful.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Manx National Heritage represent a statutory authority and raise material planning considerations and as such should be afforded party status in this instance.
The Isle of Man Fire and Rescue Service, the Manx Electricity Authority and Isle of Man Water Authority raise issues which are not material planning considerations and as such should not be afforded party status in this instance.
The resident of Port Soderick is not directly affected by the proposal and as such should not be afforded party status in this instance.
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Recommended Decision: Permitted
Date of Recommendation: 08.09.2008
N : Notes attached to conditions R : Reasons for refusal 0 : Notes attached to refusals
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the demolition of all buildings on site and the erection of a new office building with cafe and landscaping, all as shown in drawings reference office-existing03, -4, officeae05a, -ae07, -ae08, -ae10, -as01a, -as02, -ap01a, -ap22b, -ap28a, -ap29b, -ap30a, -ap31a, -32a, ap33 all received on 6th May, 2008.
No development may commence on site, including demolition of any structure, until such time as there is in place a legal agreement which illustrates how 43 parking spaces are to be provided within a convenient walking distance ( 400 m ) of the site.
The building illustrated as being an office may only be used in accordance with Class 4 of the Isle of Man Planning (Permitted Development) Order 2005 Schedule 4 and the cafe element as shown in the approved plans may be used only for the sale of hot and cold food for consumption on the premises including the sale of hot or cold food for consumption off the premises.
Decision Made : Committee Meeting Date :
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