Officer Planning Report

Case Officer: Miss Melissa McKnight Photo Taken: 07.03.2012 Site Visit: 07.03.2012 Expected Decision Level: Officer Delegation

Officer's Report

The Application Site

1. The application site is the curtilage of 32 North Quay, a traditional four storey building sited on the northern side of North Quay overlooking Douglas Marina. The application site adjoins Registered Building St Matthew's Church on the west elevation and Sadler and Vanderplank Opticians adjoins on the east elevation. 32 North Quay is to comprise a restaurant to the basement, ground and first floor of the building.

1. The existing building is finished in a traditional stone work to the ground floor elevation that matches the existing external finish of St Matthews Church and the Sunday School. The ground floor windows are consistent with the church windows, comprising the traditional arched frames with lead diagonal glazing bars albeit St Matthew's Church have square glazing bars. The front doors are traditional church arch timber doors. The remaining windows on the first, second and third floors are timber sliding sash.

The Proposal

1. The planning application seeks the alterations to the front elevation with new replacement windows and door.

1. The existing timber arch door is to be replaced with a new frameless glass door with side screens and a hardwood frame above. The existing tall arched windows are to be replaced with clear glazing with hardwood window framing to provide a similar appearance to what exists. The sandstone arch is to be reinstated to replicate what would have been existing on the building and to match the adjacent door arch. The existing leaded two windows in the centre of the front elevation are to be replaced with clear glass. Directly underneath the two middle arched windows is to be a glass and chrome menu board.

1. The existing glazed roof on the third floor east elevation is to be replaced with powder coated aluminium, double glazed roofing system by specialist, completed with all leadwork, wallplates and guttering as required.

1. There are a number of internal alterations proposed: it should be noted that any internal alterations that do not affect the external appearance or change of use of the building are not considered a material planning matter. The internal alterations include two new

Application No.:	12/00223/B
Applicant:	Snaker Properties Ltd
Proposal:	Alterations to front elevation
Site Address:	Restaurant 32 North Quay Douglas Isle Of Man IM1 4LB

staircases with glass balustrading from the basement to the first floor. A new lightwell with glass balustrading on the ground floor as well as new glass screens and doors to the lobby. The existing prep and bath area on the first floor are to be removed to enable the dining area to be enlarged to allow the seating for 22. The ground floor WC area is to be decreased in area to allow for the new seating area for 4 with the glass balustrading as well as a new small wall insertion into the kitchen area on the basement level.

Planning History

1. The application site has been the subject of a number of previous planning applications, none of which is considered material to the assessment of this planning application.

1. The application site has been the subject of one Conservation Grant application that is considered material to the assessment of this planning application:

11/00062/HB: Repairs to roof coverings, chimney stacks, windows, woodwork generally and external decoration. This has yet to be considered.

Planning Policy

1. In terms of local plan policy, the application site is within an area of predominantly shopping under the Douglas Local Plan Order 1998 Map No. 1 (Central Area). The application site is within Douglas Promenades Conservation Area. The application side is also within the Douglas flood zone which has a return period of 200 years.

1. In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains three policies that are considered specifically material to the assessment of this current planning application.

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 spaces 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 unacceptable 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 10 states:

"Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission."

Environmental 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."

1. In terms of Planning Circular 1/98: The Alteration and Replacement of Windows sets down the policies in respect of the alteration or replacement of windows. (Part 6 Category b) Buildings in Conservation Areas states:

"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 original method of opening, whatever the material used in the construction."

REPRESENTATIONS

1. Douglas Borough Council has no objections to the current planning application.
2. The Highways Division have no objections to the planning application.

ASSESSMENT

1. The key issues to consider in the assessment of this application are the impact on the amenities of those using the North Quay locality, the impact of the proposed replacement of windows and doors and glazed roof on the existing building and the impacts of the proposed development on the Flood Zone and Conservation Area.
2. The window and door alterations to the front alterations are not judged to have any adverse impacts on the amenities of those using North Quay. The proposed new windows and doors do not appear as being obtrusive and are deemed to be a modern adaptation and improvement on what is existing on 32 North Quay.
3. It is considered that the proposed installation of the new windows and door are not judged to have a detrimental impact on the existing building. Given that the first, second and third floors and adjoining buildings to the east are all of modern architecture, the proposed window alterations to the ground floor are considered to be in keeping with St Matthew's church albeit the glazing bars of windows are not present. The new proposed windows and doors are a modern design and judged to add character to the building. The hardwood window frames will still provide a connection with the adjoining church of St Matthew's.
4. The proposed replacement of the third floor glazed roof is not deemed to cause any undue impacts on the existing building or surrounding Conservation Area given that it is not visible from the public thoroughfare. It would be considered to preserve the appearance of the building providing that it is to replicate what exists.

1. The installation of a glass and chrome menu board is not considered to be detrimental to the existing building or surrounding conservation area as there is already a menu board present, the proposed offers an improvement to what exists.

1. Environment Policy 10 states that any proposed development in an area where there is potential risk of flooding must undergo a flood risk assessment and details of proposed mitigation measures must accompany any application for permission. The level of proposed development within this application is considered relatively modest and is judged not to have an adverse impact on the Flood Risk Zone or increase the chances of flooding in the area.

1. Environment 35 sets out the policy in regards to development within a Conservation Area. The policy states that development would only be permitted within a Conservation Area in the development would preserve or enhance the character or appearance of the area and the area is protected against inappropriate development. It is judged that the replacement windows and front door with clear glazing windows would not be detrimental or have a damaging impact on the character and quality of the Conservation Area. Although the proposed windows do not have the matching glazing bars as that of the existing, it is judged not to cause any adverse impacts on the Conservation Area given that the existing windows are not the originals and the presence of the existing clear pane windows on the remaining buildings to the east as well as on St Matthew's Church looking into the cove. As mentioned previously, the proposed replacement of third floor roof would have a limited, if any, impact on the Conservation Area given that it is not visible from the public thoroughfare.

1. Planning Circular 1/98 – The Alteration and Replacement of Windows sets out the policy in respect of the alteration or replacement of windows. Part 6 Category b of this planning circular specifically deals with buildings within Conservation Areas. This states that replacement windows must have the same method of opening as the originals as well as the same pattern and section of glazing bars and frame sections as the original windows. As the proposed windows do not replicate the existing glazing bars on the windows, albeit they may not be the originals, it is considered that the proposed windows, given that they include the hardwood arching frames similar to what is existing and with the reinstatement of the sandstone arch, offer a unique and modern take on the existing gothic architecture of the ground floor elevation of 32 North Quay.

1. The internal modifications and alterations are not a planning matter and permission is not needed for internal changes unless they significantly affect the external appearance or use of the dwelling, therefore this element has not been assessed in this assessment of the current planning application.

1. The Conservation Officer has viewed the plans and is happy with the proposal. Overall it is concluded that the planning application accords to the provisions of General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2007 and Planning Circular 1/98: The Alteration and Replacement of Windows.

RECOMMENDATION

1. It is recommended that the planning application be permitted.

PARTY STATUS

1. The local authority, Douglas Borough Council, is by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5)(d), considered "interested persons" and as such should be afforded party status.

1. The Highways Division is part of the Department of Infrastructure of which the planning authority is also part. As such, the Highways Division should not be afforded separate party status.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 20.04.2012

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 permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval for the alterations to front elevation relates to drawing numbers P01 date stamped 15th February 2012 and drawing numbers P02 and P03 all date stamped 22nd March 2012.

rev A rev A

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made: Permitted Date: 25-4-12

Determining officer (delete as appropriate)

Signed: _________________________ Anthony Holmes Senior Planning Officer

Signed: _________________________ Michael Gallagher Director of Planning and Building Control

Signed: _________________________ Sarah Corlett Senior Planning Officer

Signed: _________________________ Jennifer Chance Development Control Manager