Officer Report

Application No.: 15/01089/B Applicant: Anglo Manx Trust Company Ltd Proposal: Alterations, roof amendments, creation of a mezzanine floor and erection of a three storey rear extension to provide lift and stair access to offices Site Address: 5 Athol Street Douglas Isle Of Man IM1 1QL Case Officer : Miss Abigail Morgan Expected Decision Level: Planning Committee

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE

1.0 SITE - 1.1 The application site comprises of Number 5 Athol Street, which is located on south eastern side of Athol Street. The building is currently a 4 storey. The application site is located within the Athol Street / Victoria Street Conservation Area. The site is zoned as predominantly offices within the Douglas Local Plan 1998. - 1.2 The existing building is a symmetrical Victorian building mid terrace with an ordered façade of triple arched windows at first floor, triple flat headed windows at second floor and a pediment dormer in the attic space. - 1.3 To the rear of the property is an existing pitched roof extension which is two storeys due to the differences in grounds levels. The building forms part of a block structure with properties along Athol Street, Church Street, Nelson Street and Prospect Hill. Access to the parking yard within the block is from Nelson Street.

2.0 PROPOSED DEVELOPMENT - 2.1 The application is seeking permission for alterations, roof amendments and erection of a three storey rear extension to provide lift and stair access. - 2.2 The roof amendments are to the existing pitched roof rear extension, changing it from a dual pitch to a single sided pitch and flat roof. These changes facilitate the creation of additional office space of 36.5m2 at mezzanine level. The pitch change is on the eastern elevation, from a 36deg pitch to 45deg. Also included is the insertion of 4 x roof lights (apx 800mm x 800mm) in this newly pitched roof to light the proposed mezzanine office space. To the western elevation the pitched roof is replaced with a flat roof raising the boundary wall of the extension between no's 4 and 5 Athol Street by about 2.5m. Also included is the insertion of 7 new windows in this elevation and a door. - 2.3 Limited details of proposed materials for this part of the proposal have been provided in the submitted details, however this can be controlled by condition as can details of the new windows and doors if necessary. - 2.4 The three storey rear extension is 4.5m x 4m x 9.5m, sat onto the proposed flat roof, making the building 16.8m high from within the courtyard. Constructed of SAPA framing curtain wall

• glazing system on the corners and terracotta panel system on each of the elevations. The extension is for stairwell and lift shaft.
• 2.5 In connection with another application at this site, daylight assessments were carried out in accordance with 'BRE Site layout planning for daylight and sunlight: a good guide to practice (BR 209), received 10 December 2015. After receipt this information was re-circulated for additional 14 days.

3.0 PLANNING STATUS AND RELEVANT POLICIES - 3.1 Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: General Policy 2, Environment Policy 35, Business Policies 7 and 8, and Transport 7 - 3.2 Environment Policy 35 states that "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 he special features contributing to the character and quality are protected against inappropriate development." - 3.3 Business Policy 7 states that "New office floor space should be located with town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space

• (a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or
• (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance."

3.4 Business Policy 8 states that "New office building should, in terms of height and mass, respect the scale and character of adjoining and nearby buildings and should accommodate parking space in accordance with the standards specified in Appendix 7 of the Plan." - 3.5 Transport Policy 7 states that "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." - 3.6 Section 18 (4) of the Town and Country Planning Act 1999 states that "Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing it character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act." - 3.7 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; (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;

4.0 PLANNING HISTORY - 4.1 There are two relatively recent planning applications which are considered relevant to the consideration of this application;

• o 14/1072/B - Alterations to ground floor level to create new street frontage and entrance area

• APPROVED - based on the 2009 part approval.

• o 09/00052/B - Proposal a) Alterations to the ground floor frontage APPROVED at appeal, and b) erection of office extension to rear elevation REFUSED at appeal - This extension was to project between 15.5m and 17.8m to the rear and be 16m in width. The extension was to have a roof terrace, which will be surrounded by stainless steel balustrade with glass panels. The application is also proposing to replace the ground floor frontage of the building. The reasons for refusal for the extension were;

• 1. The extension would have a deleterious effect on the working conditions of occupants of neighbouring buildings.
• 2. The extension would not preserve or enhance the character or appearance of the Conservation Area.

4.2 At paragraph 35 of the Inspector's Report the Inspector considered that the extension would not preserve or enhance the character of the Conservation and judged that it would have a deleterious effect on the working conditions of the occupants of neighbouring buildings. - 4.3 There is also PA 15/01229/B which was submitted on 6.11.15 for 'Alterations, roof amendments and erection of a three storey extension with terraces over existing rear annexe' and is also at this committee for consideration.

5.0 REPRESENTATIONS - 5.1 DOI Highways Division does not oppose the application. (05.10.2015). - 5.2 Douglas Corporation has raised no objection to the proposal. (21.10.15). - 5.3 Mr Harding on behalf of Zax Investment Ltd whose properties are 3 & 4 Athol Street and 3 & 5 Prospect Hill have written in twice in respect of the above application, dated 9 November 2015 and

• 23 December 2015. Albeit the second letter refers to the re-design of the proposal. They are concerned that the development would impact on the rear of their buildings and refer to the previous Inspector's Decision which concluded that an extension would have a deleterious effect on the working conditions of occupants of neighbouring buildings and be contrary to Environment Policy 35. They also refer to the previous application and that they requested that the owner of building with any future proposals contact them to discuss any further development which they have not done.

5.4 The owners of no 7 Athol Street, Devonhirst Althol Street Limited, wishes to raise the following objection; the proposed rear extension will have a significant impact on the rear of the buildings which are immediately adjacent to the proposed development. By reason of its siting, scale and design the envisaged lift shaft and staircase within the proposed development would significantly overshadow the rear of our property and greatly reduce the amount of daylight penetrating four of our existing office windows. We consider that this will have a deleterious effect on the working conditions of the intended occupants of our building. They also consider that the proposed would not preserve or enhance the character of appearance of the Conservation Area, in contravention of Environment Policy 35.

6.0 ASSESSMENT - 6.1 The main issues in the consideration of this proposal are;

• o Whether the proposed development would preserve or enhance the character of appearance
• of the Street / Victoria Street Conservation Area o The effect of the proposed extension on the working conditions of the occupiers of neighbouring offices, with particular reference to outlook and daylight.

6.2 The area is zoned as predominantly offices in the Douglas Local Plan. It is considered the principle of providing an extension for office use to be acceptable in this locality.

• Impact on Conservation Area
• 6.3 Any development within a Conservation Area should preserve or enhance its character. It is generally accepted that any proposal does not have to be widely visible for this assessment requirement to be applied. It is acknowledged that little of the extension would be viewed from the public realm, other than through a gap in buildings adjacent to no 1 Prospect Hill. Earlier this year planning permission was given for a three storey extension which would be in this gap. However, the proposed extension would be viewed by workers in offices overlooking the rear courtyards.
• 6.4 The proposed three storey extension is of a more modern material than the original and surrounding buildings and the other proposed alterations. While it is a contemporary design and is certainly a departure from the existing building it is considered the design and lightweight appearance contributes to the evolution of the building to meet contemporary needs.
• 6.5 In respect of this issue it is considered that the proposed extension would preserve the Conservation Area and would comply with the requirements of Environment Policy 35. Impact On Neighbouring Properties
• 6.6 Although offices are not generally afforded the same level of protection as dwellings they are places that people occupier for the majority of the day and where occupants have a reasonable expectation of receiving daylight. While there is no right to a view or a pleasant open outlook, the view can contribute to good working conditions.
• 6.7 The neighbour nearest to the proposal is no 7 Athol Street, which is set to the west of the application property, is considered to be the most impacted as they have two single aspect office windows adjacent to the boundary at first and second floor level (when viewed from the rear) and a dual aspect office at attic level.
• 6.8 In order to avoid affecting natural light, a useful guideline to measure the likely impact of an extension is the "45 degree'' approach. The purpose of this is to make sure that a development does not take away too much daylight. It is based upon the notion that it is reasonable to expect a certain level of light and unobstructed view. To comply with the approach, no part of a development should cross the line drawn at a 45 degree angle from the centre of the closest ground floor room window of neighbouring properties. Approximately 3.5m of the proposal lies out with the 45 degree line of the adjacent offices at no 7 Athol Street. Where an element of a proposal falls within the 45 degree line the neighbours occupiers will in all likelihood experience overshadowing for some part of the day.
• 6.9 It is essential to remember that the sun reaches its maximum height around Noon and will be due South at this time, which generally means in respect of nos 4 and 7 Athol Street would mean that the sun would be screened by the buildings fronting onto Nelson Street at this time particularly in the winter. Due to positioning of buildings the resultant change to daylight is that it could appear gloomier to the occupiers throughout the morning due to the presence of the building directly adjacent to the windows.
• 6.10 In order to address this issue the applicant has provided information on existing and proposed levels of daylight considered to be available to numbers 3, 4 and 7 Athol Street. These assessments are based upon a number of scenarios throughout the year and day, November, April and July, using suncalc software. It is based upon suppositions that daylight is important in any building in order to reduce the need for and dependency on artificial lighting and is also very important for people's well being and health. The applicant's conclusions are that throughout a typical working day, from 9am to 5pm, the amount of direct light is affected for only 5.8% of the working day and that this is balanced by the increased amount of reflective light off the new extension.

6.11 Offices in the buildings of 3, 4 and 7 Athol Street and 7 and 9 Prospect Hill are also predominantly single aspect with those at the rear only having a view into the courtyards. For some of the corner offices it is considered that it could be viewed as having an enclosing, claustrophobic effect on the outlook of occupiers and the development would have an oppressive impact on them. However given the proposed size of the proposal, whilst it would be seen is not considered to adversely affect the conditions of occupants to such a degree to warrant a refusal. - 6.12 No.4 Athol Street, the adjacent hairdressers has an oblique view of the existing rear extension from their rear styling room and any view of the proposed extension from would be contrived and not natural therefore it is considered that the proposal would be unlikely to affect them. - 6.13 The application site is set to the south west of the neighbouring property, No. 7 Athol Street and the north east of No. 4 Athol Street, which is currently used as commercial premises. The owners of the neighbouring property are concerned that the proposed works will have an overbearing impact and loss of light, which are a material planning consideration; however, the amount of weight attached to these considerations is less significant when assessing proposals which impact on commercial premises compared to residential properties. It is considered the proposed works will not have an overbearing impact and nor will it have any significant harm in respect of overshadowing and loss of light. - 6.14 Taking into account the character of the site and its surroundings, and the benchmarks set by previously approved development in the surrounding area at the site and other existing and emerging developments, on balance it is considered that this proposed extension would not have adverse effects on the provision of daylight or overshadowing effects arising as a result of the development to the occupants of neighbouring properties to an unacceptable degree and it would be unreasonable to refuse planning permission on these grounds. - 6.15 As a result, it is concluded that the planning application does not conflict with General Policy 2 or Environment Policy 35 of the Isle of Man Strategic Plan 2007.

- 7.0 RECOMMENDATION

• 7. It is recommended that planning permission be granted, subject to conditions.
• 8.0 PARTY STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons 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 or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

Department of Environment, Food and Agriculture Fisheries are part of the same Department as is the planning authority and as such should not be afforded interested person status under the Order.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient

interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:

• o Zax Investments, 4 Athol Street, Douglas
• o Devonhirst Althol Street Limited, 7 Athol Street, Douglas

Recommendation Recommended Decision: Permitted Date of Recommendation: 08.02.2016 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No development shall commence until details of all external facing materials and new windows and doors to be used has 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.

This approval relates to drawing numbers 15/2488/01,02, 03 and 04 all date stamped as received

• 24 September 2015 and Daylight Assessment date stamped as received 10 December 2015.

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 : ……PER….. Committee Meeting Date:…15.02.2016

Signed :…………A MORGAN………….. 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

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