DEC Offier Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00083/B Applicant: Scotland House Limited Proposal: Alterations including removal of rear extension; new rear extension; replacement windows, roof finish including solar slates and rainwater goods; new roof lights and entrance frontage and change of use from office to residential. Site Address: Scotland House 13 North Quay Douglas Isle Of Man IM1 4LE Registered Buildings Officer: Mr Ross Brazier Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: _________________________________________________________________

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. Restrictions on Use The Ground and Basement floors shall not be used as sleeping accommodation any time.

Reason: The Department has assessed the impact of the proposal on the basis of the risk of flooding vulnerable activity should be prohibited at ground and basement level.

• C 3. Sample materials No development shall commence until a schedule of materials and finishes and samples of the materials to be used in the construction of the external surfaces, including roofs, have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details. Reason: In the interests of the character and appearance of the site and surrounding area.

N 1. PLEASE NOTE FOR INFORMATION DoI Flood Risk Management Division recommend that Flood resilient doors and windows should be fitted and all services should be fitted with floor resilience in mind, in accordance with their guidance.

This application has been recommended for approval for the following reason.

The proposal is considered to improve the appearance of a building requiring some improvement, the external works are considered to have positive impacts on the property and the surrounding area. The impacts on parking is also considered acceptable considering the property is situated along a public transport corridor, within close proximity to the town centre and easy reach of large parking provisions. While the use may not be considered to accord with the allocation within the Area plan for the South in relation to the residential use at ground floor. The proposal is, considered to comply with the requirements of Strategic Policies 1 and 11, General Policy 2, Transport Policy 7, and Housing Policy 17 of the Strategic Plan.

Plans/Drawings/Information; This Decision relates to the following:

• 01 LOCATION PLAN
• 02 EXISTING SITE PLAN
• 03 EXISTING FLOOR PLANS
• 04 EXISTING FLOOR PLANS
• 05 EXISTING ELEVATIONS
• 06 EXISTING SECTION AA
• 07 PLANNING STATEMENT
• 08 PLANNING STATEMENT
• 09 PROPOSED SITE PLAN
• 10 PROPOSED FLOOR PLANS
• 11 PROPOSED FLOOR PLANS
• 12 PROPOSED ELEVATIONS
• 13 PROPOSED SECTION AA And all other information submitted on 27th January 2023 _______________________________________________________________

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 these do relate to planning considerations:

Flood Management Division (DOI) _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS BEFORE COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN

THE SITE

1.1 The site is the curtilage of Scotland House, North Quay, Douglas, a 19th century threestorey mid-terrace property located on the north of North Quay, close to its junction with Bank Hill. The Site is located within an area of high risk of tidal flooding. The site is designated as Mixed Use within the Area Plan for the East. The property is located within the North Quay Conservation Area.

• THE PROPOSAL
• 2.1 The application seeks approval for alterations including removal of rear extension; new rear extension; replacement windows, roof finish including solar slates and rainwater goods; new roof lights and entrance frontage and change of use from office to residential. PLANNING POLICY
• 3.1 The Area Plan Written statement states the following about the area (Mixed Use Area 7

• The Quayside):

• 3.2. "Town Centre - Mixed Use Proposal 7 There will be a presumption in favour of food and drink and other leisure-type uses on North Quay. There will be a presumption in favour of the comprehensive re-development of the southern side of the quay, including the potential re-positioning of the highway of South Quay between Old Castletown Road and Fort Anne Road, for new uses in the following categories:

• o Tourism
• o Offices
• o Food and Drink
• o Leisure
• o Reception and function venues
• o Business hubs/share-service offices
• o Residential uses at first floor level and above."

• 3.2.1 Section 9.11 Development in areas of 'mixed use' "9.11.1 There are a number of areas of 'mixed use' outside of Douglas town centre. Some are identified by a site number on the Maps and others are not, for instance Village Walk in Onchan does not have a site number. 9.11.2 Development types within areas of mixed use generally comprise a variety of different but compatible uses. Appropriate new uses may include a mix of shops and some services (financial and professional), food and drink, office and light industry, research and development, tourist and residential uses, and other uses such as clinics or health centres, childcare or education, community facilities, and places of assembly and leisure. Uses which are not compatible with residential development will generally not be supported within the areas of mixed use."
• 3.2.2 Area Plan desired outcomes "vi. Promotion of the town centre area as a residential location (especially on upper floors) to encourage evening activity and retain residential catchment expenditure."
• 3.3 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:

• 3.3.1 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;
• (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."

• 3.3.2 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."

• 3.3.4 Strategic Policy 1 states that development should make the best use of resources by optimising the use of redundant buildings and under-used land and buildings.
• 3.3.5 Strategic Policy 11: "The housing needs of the Island will be met by making provision for sufficient development opportunities to enable 5,100 additional dwellings (net of demolitions), and including those created by conversion, to be built over the Plan period 2011 to 2026."
• 3.3.6 Paragraph 9.4.5 "9.4.5 It is accepted that in some circumstances a mix of uses can be appropriate within town centre locations such as residential flats above retail units or office accommodation, particularly where this can help to ensure the use of the area at different times during the day, thus helping to ensure the security and vitality of these areas."
• 3.3.7 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

• 3.3.8.1 Appendix A.7.6 sets out Parking Standard. For apartments, there should one space for a one-bedroom apartment or two spaces for a two-or-more-bedrooms apartment.
• 3.3.8.2 Appendix A.7.6 further states that: These standards can be relaxed under certain circumstances, where development:

• (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.

• 3.3.9 Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regard to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes."
• 3.3.10 Infrastructure Policy 5 states that "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources."

3.4 Town and Country Planning Act 1999

• 3.4.1 S18 Designation of conservation areas Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".

3.5 Planning Policy Statement 1/01 "POLICY CA/2: SPECIAL PLANNING CONSIDERATIONS 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".
• 3.6 Planning Circular 1/98: The Alteration and Replacement of Windows Set states: Category b) Buildings in a Conservation Area "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. 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."

PLANNING HISTORY

4.1 The site has been subject of a number of applications since being registered those considered of note to this case are the following; Reference Number: 11/00869/B Status: Permitted Proposal: Erection of an extension to rear yard Reference Number: 10/01706/B Status: Permitted Proposal: Installation of roof lights Reference Number: 22/00880/B Status: Permitted Proposal: Conversion of office building (class 2.1) to mixed use office and residential (class 3.3) involving alterations including removal of rear extension; new rear extension and fire escape stair; replacement windows, roof finish including solar slates and rainwater goods; new roof lights and entrance frontage Reference Number: 22/00869/CON Status: Permitted Proposal: Registered Building consent for demolition elements to PA 22/00880/B

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only;

• 5.1DoI Highway Services stated "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider providing porous surfacing material or install surface water drainage to prevent its run off into the public road." (20.02.23).

• 5.2.1 DoI Flood Risk Management Division stated "Do not oppose subject to condition(s) Flood resilient doors and windows should be fitted and all services should be fitted with floor resilience in mind. NO residential accommodation should be allowed on Ground and basement floors." (13.02.23).

• 5.2.2 DoI Flood Risk Management provided further comment after discussion with the applicant's agent confirming that they do not oppose subject to the condition that there should be no sleeping accommodation in the basement or ground floor of the building (06.03.23). ASSESSMENT
• 6.0 ASSESSMENT

6.1 The main issues to consider in the assessment of this application are firstly the impact of the physical alterations on the appearance of the building, street scene and character and appearance of the Conservation Area. Secondly the change of use of the entire building to residential from mixed use including residential to solely residential and the impacts of this change on the amenity of the neighbouring properties, character and uses of the area. Physical alterations

6.2 Scotland House is a mid to late 19th century building fronted onto the historic quayside. It can be seen in late 19th century photos of the Quay and would historically been mixed use, originally being a shop at ground floor with residential on the upper floors. The building has been in a number of uses during recent decades. The building makes a positive contribution to the character and appearance of the conservation area as part of the historic quayside development and provides part of the historic character of the quayside, due to its scale, form and massing.

6.3 The proposed works would result in the removal of rear extension and its replacement with new rear extension, replacement windows and roof finish including solar slates and rainwater goods, new roof lights and entrance frontage. The property requires improvements and upgrading and the proposed physical works would address these issues, the use of timber sliding sash windows to the front would improve the building's historic character, the replacement rear extension it will not be visible from the public highway and is considered acceptable in terms of its relationship to the host building. The proposals include the use of solar slates, these will have a lesser visual impact that standard photovoltaic panels as they will appear flush to the roof covering, there will however be a level of reflectivity that is not seen in traditional roof slates, however this must be considered against the overall improvements of the proposals to the appearance of the building and the environmental benefits of renewable energy provision on site. - 6.4 It is considered therefore that the character and appearance of the conservation area would not be detrimentally affected by the physical external works and the proposals where visible from the public highway would improve the overall appearance of the building preserving the character and appearance of the conservation area. Change of Use and potential impacts - 6.5 The property is located within an area defined as Mixed Use Area 7 - The Quayside, within the area Plan for the East, which states "The Quayside area has undergone regeneration on its northern side which has enhanced the area as a destination for people visiting restaurants and bars." The plan contains the following proposals for the area "Town Centre - Mixed Use Proposal 7 there will be a presumption in favour of food and drink and other leisure-type uses on North Quay. There will be a presumption in favour of the comprehensive re-development of the southern side of the quay, including the potential re-positioning of the highway of South Quay between Old Castletown Road and Fort Anne Road, for new uses in the following categories: Tourism Offices, Food and Drink, Leisure, Reception and function venues, Business hubs/shared service offices, Residential uses at first floor level and above." In Paragraph 6.8 of The Area Plan for the East Written Statement it also states; "Local character and key features within the built environment, such as Registered Buildings and other heritage assets play a significant role in promoting economic and social prosperity by providing attractive living and working conditions. In addition, they provide economic opportunities through tourism, leisure and recreational uses. It is therefore essential that local character is safeguarded, particularly those features which fundamentally define the historic built environment in the East." - 6.6 The key issue of this consideration is would the proposed change in use to solely residential from the approved office and residential mix be detrimental to the preferred uses of food and drink and other leisure-type as preferred in Mixed use Proposal 7 of the Area Plan. The potential impacts of the proposed residential use are the following; potential lack of activity at ground floor to contribute to the vibrancy of the area and engagement/interaction at street level. The potential for the residential use to stifle the existing and future preferred food, drink and leisure uses due to amenity impacts. - 6.7 The building's ground floor openings are relatively small, compared to the neighbouring properties' more traditional shop frontages, this maybe in part to the building have been used as an office, the current openings are domestic in scale and are not contributing to the ground floor openness and activity compared to the neighbouring properties. The office provision in the previous approval reduced the office to use to ground and first, which is unlikely to

• generate substantial activity throughout the day, this office use is also unlikely to provide any activity outside of usual working hours for office staff. It is therefore considered that a change of use to exclusively residential is not going to have marked impact of the perceived activity at ground floor given the general size of office provision and the building's openness at ground floor.
• 6.8 The recent approval has enabled the upper floors to become residential, the proposals seek to extend this to the ground floor, with the basement providing storage and utility space, the proposals do not include any further sleeping accommodation below first floor, this would be prohibited by condition due to flood risk. DoI Flood Risk Management Division have also referred to fitting flood resilient doors and windows and have asked that all services should be fitted with floor resilience in mind. As the proposal does include works to windows and entrance a note is proposed. As the current proposals do not provide any additional vulnerable uses such as sleeping accommodation below first floor, any issues that would result in impact upon amenity such as noise from the street, or other disturbances from nearby food and drink uses, would have no greater impact than the approved scheme.
• 6.9 The property is located within a mixed use area and a city centre location, while policy provision is in favour of food, drink and leisure activities, there is not a presumption against residential use, and vibrant communities are created where residential uses are included in mixed use provision. That said, any residual use within this area should be considered on its own merits and this use may not be suitable at ground floor where it could take away or threaten the preferred uses. In this instance, given the buildings limited interaction at ground floor within the streetscape and limited office provision it is considered that the threats to amenity or preferred uses of the area are no greater than those permitted by the recent planning approval 22/00880/B. Car parking
• 6.10 The proposed reduction of use to apartment use would no additional car parking spaces, however under the previous approval no spaces were required as The Strategic Plan clarifies that parking standards may be relaxed in certain circumstances and given the town centre and conservation areas status of the application site, and it is considered that the proposals fulfil these exemptions as it concerns; a single residential unit within a sensitive street scene and a Conservation Area and is also within close proximity of public transport services.

- 7.0 CONCLUSION

7.1 The proposal will preserve the character and appearance of the conservation area and although could be viewed as not according with the preferred uses for the area, is considered would not result in a greater impact than that currently approved,- upon the amenity or preferred uses within the mixed use area. It would not prohibit the future use of the ground floor for such uses in the future should the proposed use change, and is recommended for approval.

9.0 INTEREST PERSON STATUS - 9.1 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.

9.2 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 confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 07.08.2023

Signed : R BRAZIER Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.