**Document:** Officer Report
**Application:** 15/00150/CON — Registered Building Consent for provision of staircase and alterations to form extension to restaurant (RB no 66 in association with PA 15/00149/GB)
**Decision:** Permitted
**Decision Date:** 2015-04-02
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/19428-malew-stanley-house-extension/documents/1003631

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# Officer Report

**Application No.:** 15/00150/CON
**Applicant:** Irena Willems
**Proposal:** Registered Building Consent for provision of staircase and alterations to form extension to restaurant (RB no 66 in association with PA 15/00149/GB)
**Site Address:** Stanley House Castle Street Castletown Isle Of Man IM9 1LF Case Officer : Miss S E Corlett
**Expected Decision Level:** Officer Delegation

Officer’s Report THE SITE

1.1 The site is the curtilage of Stanley House, a substantial building which fronts onto Castle Street and backs onto the long stay car park to the rear. The building is three storey property with traditional shopfront facing onto Castle Street and a rear yard area which opens out onto the car park. The building is Registered (RB 66) and also lies within Castletown's Conservation Area. - 1.2 The area in which the site lies is mixed in usage with residential, offices and shops. Most if not all of the buildings are of historic and/or architectural interest and many are Registered (5, Castle Street, Westminster House, 5, Parliament Square and Compton House which are all immediately surrounding the application site). THE PROPOSAL

2.1 Planning approval has been granted for the renovation of the building and conversion to a restaurant and coffee shop on the ground floor with a terrace at the first floor (PA 13/00522/CON and 13/00532/GB. What is proposed now is an amendment to how the restaurant/coffee shop is to be provided, incorporating the basement level into the coffee shop/restaurant area through the provision of an internal staircase between the floors. No external access is available from the basement and no external changes are proposed. All other parts of the conversion are as shown in the earlier applications for the project. - 2.2 The staircase will provide fifteen steps with curved ends at the start and finish of the flight. The handrail will be stainless steel and the panels will be glass all up to a height of a little over 1m. Emergency lights and smoke detectors will be introduced within the new basement cafe area. - 2.3 The application seeks to reorganise the existing spaces within the building, reorganise the existing five units of accommodation on the ground, first and second floors, and to partially demolish the existing rear two storey outshot to create a restaurant/coffee shop on the ground floor with first floor terrace over. - 2.4 The creation of the coffee shop/restaurant involves the demolition and rebuilding of the existing rear outrigger to create a larger toilet block and the enclosure of the space between

that toilet block and the outbuildings to the northern rear boundary of the site. New ramps and steps are provided to gain access to the restaurant/cafe from the rear car park area.

## PLANNING POLICY AND STATUS

3.1 The site lies within an area of Mixed Use on the Area Plan for the South adopted in 2013. - 3.2 As Stanley House is a Registered Building located within the Castletown Conservation Area designated in 1990, the relevant planning policies from the Isle of Man Strategic Plan 2007 are Strategic Policy 4, General Policy 2, Environment Policies 32, 34 and 35 and Policies RB/3, RB/5 and CA/2 Special Planning Considerations from Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) is also considered to be relevant to determining this application. - 3.3 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."

3.4 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;
- (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; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them".

3.5 Environment Policy 32 states: "Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted." - 3.6 Environment Policy 34 states: "In the maintenance, alteration or extensions of pre-1920 buildings, the use of traditional materials will be preferred." - 3.7 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."

3.8 "Planning Policy Statement 1/01 RB/3: General Criteria Applied in Considering Registered Building Applications The issues that are generally relevant to the consideration of all registered building applications are:

- o The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;
- o The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register;
- o The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings)."

3.9 "RB/5: Alterations and Extensions In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Registered Building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative effect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

3.10 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."

REPRESENTATIONS

4.1 Castletown Town Commissioners indicate that they do not oppose the application (03.03.15). PLANNING HISTORY - 5.1 There have been applications prior to the two in 2013 for the creation of the restaurant but these are not considered relevant to the consideration of the current application. A contemporaneous application is being considered for Registered Building consent for the works proposed in this current application.

- ASSESSMENT
- 6.1 The creation of the coffee shop/restaurant involves the demolition and rebuilding of the existing rear outshot to create a larger toilet block and the enclosure of the space between that toilet block and the outbuildings to the northern rear boundary of the site. The existing rear outshot is a modern addition and its removal and replacement are not contentious. The works required to the former Staff Rooms on the northern boundary, to create a Kitchen and Servery are similarly non-contentious as the alterations occur to aspects of the fabric that have already been compromised in modern times.

6.2 As evidenced by the accompanying photographs provided in the earlier application and previous site visits, the interior of the former ground floor shop was compromised some time ago. Doubtless, its use as a showroom has meant that historic fabric has been removed and 'updated', potentially in the 1950's judging by the fluted panelling. As a result, the removal and re-siting of the Counter have little significant impact upon the character of this part of the Registered Building. - 6.3 The creation of the Manager's Flat is similarly of minor concern as the historic floor plan has already been compromised and the historic detailing to the Bathroom and Kitchen has already been compromised. The installation of the partition to create the fire lobby is perhaps the most contentious issue. Setting the new partition behind the rearward face of the architrave will ensure the retention of the historic detailing. - 6.4 The works proposed to the First Floor essentially relate to the reorganisation of the space to provide two flats. The majority of the works relate to removal of existing modern partitions, none of which are considered to detrimentally compromise the character of the Registered Building. Also proposed here, is the opening up of an old window opening blocked up at some point in the past. As the opening is obvious, its reinstatement is acceptable. The window format follows those on the remainder of the rear of the building and is therefore acceptable. - 6.5 The proposals to the Second Floor entail the reorganisation of the existing partitions. It is clear that the majority of lateral partitions i.e. those running from front to back, are modern and have little or no architectural or historic significance. The only removal of historic fabric is the blocking up of the door marked 'Flat 5' on the Existing Plans. - 6.6 Perhaps the most controversial aspect of this application is the elevational treatment resulting from the creation of the flat roofed coffee/restaurant to the rear. Whilst at ground floor, this results in a rendered façade which marries with the existing rear, the glass and stainless steel balustrading is a little at odds with the remainder of the building. There is an argument that this is to be 'read' as a clearly modern addition to the rear of the building and that the main streetscape is onto Castle Street, but nevertheless the rear is also a publicly accessible area and it is of course a Registered Building. The detailing of the balustrading can be dealt with via condition. - 6.7 The additional works now proposed to the basement level do not alter significantly the historic elements of the building and arguably make better use of the building which should preserve the building which is in the interested of both the Registered Building and Conservation Area status.

6.7 In conclusion; the works in the main, are considered to respect the character of the Registered Building and the Conservation Area within which it is located and in doing so, comply with the relevant planning policies from the Isle of Man Strategic Plan 2007 are Strategic Policy 4, General Policy 2, Environment Policies 32, 34 and 35 and Policies RB/3,

RB/5 and CA/2 Special Planning Considerations from Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man).

## PARTY STATUS

7.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) The owner and the occupier of any land that is the subject of the application;
- (c) Manx National Heritage; and
- (d) The local authority in whose district the land the subject of the application is situated

Recommendation Recommended Decision: Permitted Date of Recommendation:

30.03.2015

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

- 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

- C 2. Prior to the commencement of the development, further large scale (1:20 / 1:10) detail drawings of the balustrading and the 'stainless steel hood' over the first floor external door onto the terrace shall be provided to and approved by the Planning Authority Reason: to ensure that the details are appropriate for the Registered Building.
- C 3. Prior to the commencement of the development, further large scale (1:20 / 1:10) detail drawings of the 'plate glass shop front' shall be provided to and approved by the Planning Authority. Reason: to ensure that the detailing is appropriate for the Registered Building.

- C 4. The rating level of the noise emitted from kitchen extract plant shall not exceed: 45dB LAeq, 5 minutes This shall be measured according to BS 8233:1999.

Reason: to ensure that the noise emitted from the proposed equipment does not result in a nuisance to those in adjacent property.

This approval relates to drawings KV1/5 G, KV1/5 D and KV1/3 A received on 11th February, 2015 and KV1/7 and KV1/8 received on 26th February, 2015.

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 : Permitted Date : 31.03.2015 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

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/19428-malew-stanley-house-extension/documents/1003631*