Loading document...
Application No.: 17/00685/C Applicant: Mr Roy & Mrs Susan Tilleard Proposal: Additional use of the building as an educational / visitor centre with function space with catering within the existing facilities Site Address: Lorne House Douglas Street Castletown Isle Of Man IM9 1AZ Case Officer : Miss S E Corlett Photo Taken: 03.08.2017 Site Visit: 03.08.2017 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 08.01.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: To prevent vehicles waiting on the highway to enter the property in the interest of highway safety.
Reason: to ensure the needs of pedestrians and alternative travel options are prioritised and promoted by the applicant in the interest of highway safety.
This decision relates to drawings 01, 100B, and 50 all received on 26th June, 2017 and the Transport Assessment dated 14th November, 2017. ______________________________________________________________
It is recommended that the following persons should be given Interested Person Status as they are 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):
The owners of Lorne House Lodge The Trustees of the Estate of 2 and 5, Bridge Street and the owner of The Malt House
all of whose properties abut the site.
It is recommended that the following persons 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):
The owners of 46, The Promenade and Ballajofay, Port St. Mary which are not sufficiently close to be considered to be directly affected by the proposal.
_____________________________________________________________________________ Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE
1.1 The site is a parcel of land which lies between Bridge Street and School Lane, a partly pedestrianised access which runs from Douglas Street through past Smetana Close to Victoria Road. The site has a hard surfaced lane running through its middle with open fields to the north, a kitchen garden to the south and at the south western half, the formal grounds of Lorne House, an historically important building which faces south west towards Bridge Street. - 1.2 The grounds to the south west of Lorne House are landscaped with lawns, trees and shrubs. To the north west is a tennis court and a wall which separates the formal grounds from the open fields to the rear. - 1.3 Lorne House has three floors of accommodation which accommodate two units of accommodation - the formal house at the front and a separate unit at the rear over two storeys, which is accessible from within the main house only from one internal door leading from a kitchen of one to a utility room of the other. THE PROPOSAL
2.1 Proposed is the change of use of the building from residential to a mix of possible uses functions, exhibitions, cinema, education and training with associated kitchen and two private offices. - 2.2 No changes to the building are proposed. No Registered Building consent is required as these regulations do not include management or control over a change of use. - 2.3 The applicant has submitted a transport assessment prepared by Sa Sanderson Associates and dated 14th November, 2017. This refers to a number of Strategic Plan policies (Transport Policies 1-8) and the Area Plan for the South (2013), paragraphs 6.27.1 and 6.28.3 both of which identify Castletown specifically and the south more generally as having an importance for tourism. It also refers to the newly published highway guidance - Manual for Manx Roads adopted by Department of Infrastructure. The report describes access to the site being from
3.1 The site lies within a Conservation Area where there is a requirement to ensure that development preserves or enhances the character of the area (Environment Policy 35 and Planning Policy Statement 1/01). - 3.2 The property lies within an area designated on the Area Plan for the South as Private Woodland or Parkland. - 3.3 Lorne House is identified in the Area Plan as a building worthy of consideration for Registration and the building has subsequently been registered (* see below for summary of the Registration process). - 3.4 The Strategic Plan contains two policies which are directly applicable to this proposal:
Environment Policy 33: The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest.
3.5 Planning Policy Statement 1/01 provides the following advice:
POLICY RB/4 USE In considering a proposal for change of use of a registered building, the principal aim should be to identify the optimum viable use that is compatible with the fabric, interior and setting of the building, all of which affect its special character as a building of merit. An applicant will have to illustrate that the effect of any proposed changes upon the architectural and historic interest of the building will be minimised.
3.27 The Policy goes on to provide advice about demolishing RBs, suggesting that alternative uses should always be considered:
"The destruction of historic buildings is in fact very seldom necessary for reasons of good planning: more often it is the result of neglect, or failure to make imaginative efforts to find new uses or incorporate them into new developments.
3.28 Environment Policy 35 echoes the provisions of Planning Policy Statement 1/01 in stating: "Environment Policy 35: 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."
REPRESENTATIONS
4.1 Castletown Commissioners fully support the application, considering that the building is a significant one within the history of the town and the proposal to bring it into the public realm should be applauded (02.08.17 and 06.12.17).
4.2 Highway Services of Department of Infrastructure comment as follows: - 05.01.2018 - Following receipt of additional information in the form of a transport statement Highway Services does not oppose this application subject to the following conditions:
Reason: To ensure the needs of pedestrians and alternative travel options are prioritised and promoted by the applicant in the interest of highway safety.
4.3 The owner of Sunny Cot, 46, The Promenade object to the application, commenting that they have attended various functions at Lorne House and have danced in the grounds and finds it unacceptable that changes should be proposed to the building (14.07.17). - 4.4 The representative of the Trustees of the owners of 2 and 5, Bridge Street submits two representations (14.07.17 and 11.07.17) both of which express the view that the application should not be determined until the outcome of the de-Registration is known. - 4.5 The owner of The Malt House, Bridge Street objects to the application and advises that the site notice was not publicly visible. They continue to suggest that a publicly accessible building will have the potential to adversely affect the security of their property and their living conditions through increased noise. They suggest that the owners of 1-4, Bridge Street have access to the tennis court and that the applicant at some time in the past installed a rail around the flat roof on the first floor above the extension and they have concerns over the safety of this as well as its unlawfulness (10.07.17). - 4.6 The owner of Lorne House Lodge objects to the application on the basis that the proposal appears to be intended for business purposes, notes that there is no proper business case included within the application nor any explanation of how the building and grounds will be secure if they are to be opened up to the public. He is concerned about the impact of functions on those abutting the site, which are mainly residential properties and comment that there are other facilities for visitors, such as the plans for the former police station opposite the Castle as well as the Old School House. He is of the view that that property should remain in residential use, as it is currently being marketed (27.07.17). - 4.7 The owner of Ballajofay, Castletown Road, Port St. Mary advises that he and his fiancee wish to hold their wedding reception here, having searched the Island for a suitable venue but cannot proceed until this application is approved. They believe that the Island is crying out for this sort of venue and other than the Bradda Glen Cafe there are no venues in the south of the Island. They believe the proposal would bring life back to the former capital and be the pride of the town. They are in complete support of the application and hope it can be approved as quickly as possible. They add that if parking is an issue, there is a pedestrian door from which guests parked on the harbour side, can enter the site (23.10.17).
5.1 The site has been the subject of a number of applications in the past, including one for the erection of two dwellings and the introduction of a vehicular access in the wall alongside Bridge Street (both refused) and the change of use of the building from residential and offices to purely residential (10/01042/C) which followed from an earlier application, 91/00626/C for the change of use from domestic accommodation to office and domestic. ASSESSMENT - 6.1 The issues in this case are whether the proposed change of use would have any adverse impact on the character and importance of the building itself along with its setting, taking into account the acknowledged importance of the building and its Registered status. It is also relevant to consider whether the site can accommodate the respective change in traffic and parking levels and whether the proposed use would have any adverse impact on those in neighbouring property.
6.2 Whilst the Transport Assessment concludes that the site is not of a size to be a destination in its own right, this does not really include the education, training, cinema or functions, all of which are likely to attract people who come only to the site and who do not visit Castletown more generally, or certainly whose primary reason for visiting the town is to come to Lorne House. However, the site can accommodate at least 20 spaces and as the arch prevents
coaches from entering all of the site, it is highly likely that those coming by coach will be dropped nearby and will walk to the site. It is certainly the case that the amount of traffic generated by the proposed use, would, in total be less than that if the building remained as an office which is a previous lawful use. It is also the case that if there is insufficient parking space within the site - and it is not accepted that this is the case - those visiting the site for a limited time are more likely to park outside of the site than someone coming to the site on a regular and frequent basis. This will result in less impact on those living near to the site.
6.2 Whilst the width of the access off the public highway would restrict two vehicles coming in and out at the same time, resulting in vehicles waiting on the outer side, due to the nature of the use, it is considered that generally, vehicles coming into the site are likely to be entering and leaving at the same time, resulting in a minimal number of vehicles at any one time, waiting to come in whilst other vehicles are leaving. - 6.3 In addition to the above, it is important where buildings are identified as of architectural or historical importance, that uses may be found for them that generate income to support their future maintenance. Indeed, Registered Building Consent is not required for any change of use of a Registered Building as this does not fall within the category of developments controlled under these regulations. - 6.4 The policies all require that changes of use do not or would not result in adverse changes to the character or appearance of the building of interest and in this respect, the proposal can utilise the building in its current form without the need for any changes. Many modern uses can bring with them the need for changes in a building to accommodate modern technology, heating, ventilation, fire precautions, some or all of which can result in significant damage to the internal fabric of the building. This is not the case here where the use relies to a great extent on the preservation of the features of interest and the character of the building. Otherwise there would be little reason to visit the property. - 6.5 The fact that one of the objectors recalls visiting the site to dance, reflects the fact that one of its former uses was to accommodate visitors for various functions, supporting the proposed use.
7.1 The application is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
supported by the Georgian Group who wrote at the same time to DOLGE and requested that Lorne House be entered onto the Register.
"The owner is content that the building itself and the immediate garden are incorporated on the list and has carried out significant refurbishment works with approval to ensure that the fabric of the building is maintained in good order.
There is a significant concern that the registration proposes to include the kitchen garden and field adjacent to the property. Historically, the owner has employed CfMS and through them Durham University to carry out both non-invasive and invasive archaeological exploration digs to establish the interest on the field. The results of these have been published and issued to Manx National Heritage who has confirmed that they have no interest in the property. Accordingly the registration of the fields and the kitchen garden are STRONGLY objected to by the owner. He recognises the importance of Lorne House in its walled garden environment and welcomes the proposals in this respect."
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 15.01.2018
Signed : C BALMER 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
Application No. : 17/00685/C Applicant : Mr Roy & Mrs Susan Tilleard Proposal : Additional use of the building as an educational / visitor centre
with function space with catering within the existing facilities
Site Address : Lorne House Douglas Street Castletown Isle Of Man IM9 1AZ
Addendum to the Officer’s Report PLANNING COMMITTEE 15/01/2018 After discussion the Planning Committee agreed with the recommendation subject to amendment of Condition 3:
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.
Reason: To prevent vehicles waiting on the highway to enter the property in the interest of highway safety.
Reason: To ensure the needs of pedestrians and alternative travel options are prioritised and promoted by the applicant in the interest of highway safety.
Plans/Drawings/Information This decision relates to drawings 01, 100B, and 50 all received on 26th June, 2017 and the Transport Assessment dated 14th November, 2017.
Copyright in submitted documents remains with their authors. Request removal
