8 December 2022 · Delegated
New Market Hall, Market Hill, Douglas, Isle Of Man, IM1 2bh
This application sought Registered Building Consent for alterations and fit-out works at basement, ground, and first floor levels of the New Market Hall on Market Hill, Douglas. The works were submitted in association with a linked planning application. The Market Hall is a single-storey registered building with lantern lights in its double-pitched roofs, situated within the North Quay Conservation Area. The main planning considerations were the preservation of the registered building and any features of special architectural or historic interest, as well as the effect of the works on the character and appearance of the Conservation Area. The application was approved on 8 December 2022 by a Principal Planner under delegated authority, subject to five conditions.
The application was approved by a Principal Planner acting under delegated authority. The key planning considerations were whether the works would preserve the registered building and its special architectural or historic interest, and whether they would affect the character and appearance of the North Quay Conservation Area. The consent was granted, indicating the proposed alterations were found acceptable on both counts.
Strategic Policy 4
The proposals are considered to be in accordance with the Strategic Plan policies
Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings (1), Conservation Areas (2), 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 to unacceptable environmental pollution or disturbance. 4.3.8 The design of new development can make a positive contribution to the character and appearance of the Island. Recent development has often been criticised for its similarity to developments across the Island and elsewhere - "anywhere" architecture. At the same time some criticise current practice to retain traditional or vernacular designs. As is often the case the truth lies somewhere between the two extremes. All too often proposals for new developments have not taken into account a proper analysis of their context in terms of siting, layout, scale, materials and other factors. At the same time a slavish following of past design idioms, evolved for earlier lifestyles can produce buildings which do not reflect twenty first century lifestyles including accessibility and energy conservation. While there is often a consensus about what constitutes good and poor design, it is notoriously difficult to define or prescribe. 4.3.9 The Department recognises the need to raise the quality of the Island's architecture and built environment and is pursuing this through the development control process and the commissioning of its own schemes and environmental improvements. At the same ti me it appreciates that the debate about good design needs to be broadened to include those who design, construct and finance new development and the wider community as we are all affected by the end product. To this end it welcomes the Isle of Man Arts Co uncil's National Arts Development Strategy 2005 - 2014 which has as one of its objectives, to raise the quality of the Island's architecture and built environment by encouraging debate on architectural standards, town and country planning, urban regenerati on and public art. This Strategy recognises that debate will have to take place over time. 4.3.10 In the meantime, the Department considers that, while there are a number of policies in the Strategic Plan which cover various elements of the design of new development e.g. General Policy 2 (a) -(i), ( m) and (n), and various Housing policies, there is a need for a further statement on the need to secure quality in the design of new development. In the preparation of Area Plans the Department will include development briefs that set out design principles for significant sites including new residential areas. Subsequent planning applications will be required to be accompanied by a Design Statement setting out the way in which the proposal has been designed to take into account its context and how the design principles have been developed. 4.3.11 At the same time as wishing to promote good design in new development the Department recognises that there are an increasing number of alternative styles of housing which draw their design principles from the wish to promote sustainability and energy efficiency. Many of these can be incorporated into both modern and traditional designs but in some cases they produce a completely different structure or form of buildings, for exa mple underground (1)Registered Building is defined in Appendix 1 (2) Conservation Area is defined in Appendix 1 housing. While wishing to conserve the historic landscape of the Island the Department welcomes new styles of housing as long as they take into account the landscape context and the impact on the amenities of the area in which they are si ted. Merely arguing that a new building cannot be seen in public views is not a justification for the relaxation of other policies relating to the location of new development.
Environment Policy 32
The proposals are considered to be in accordance with the Strategic Plan policies
Environment Policy 32: 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. 7.27 Change of Use of Registered Buildings 7.27.1The best use for a Registered Building is usually the use for which the building was designed. However, it is recognised that it is often necessary to look for a new use to secure the economic future of the b uilding. It is important therefore that any new use is appropriate and that physical alterations are sensitive to its character. (1) Curtilage is defined in Appendix 1
Environment Policy 33
The proposals are considered to be in accordance with the Strategic Plan policies
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. 7.28 Traditional Building Materials 7.28.1 Traditional building materials can be classified as stone for walls , slates for roofs and softwood for window frames. Local materials help to form the character of settlements in the Island. For example, sandstone was a common building material in the development of much of the older parts of Peel and limestone was historically used in Castletown. Whilst the original sources of some materials are no longer operating, reclaimed material from old buildings is often available. Such re-use will be particularly encouraged where sites are to be redeveloped and there is evide nce of material on site which can be recycled and reused. It will, however, not be appropriate to demolish historic buildings merely to reclaim usable materials. Another important aspect when attempting to retain the historic building stock is the use of the most appropriate mortar; common across the Island's built environment has been the use of lime-based mortar and washes.
Environment Policy 34
The proposals are considered to be in accordance with the Strategic Plan policies
Environment Policy 34: In the maintenance, alteration or extension of pre -1920 buildings, the use of traditional materials will be preferred. 7.29 Development within Conservation Areas 7.29.1 Conservation Areas are designated where the Department is satisfied that there is an area of special architectural or historic interest, the character of which it is desirable to preserve or enhance. Accordingly, the Department will; i. appraise and review existing Conservation Areas; and ii. designate new Conservation Areas where Conservation Area appraisals have revealed individual areas to be worthy of such status. 7.29.2 Development proposals within Conservation Areas will be expected either to preserve or enhance their character or appearanc e. Development proposals should be in accordance with the Department's conservation policies set out in Planning Policy Statement 1/01, "Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man." There is generally gra nt assistance available to help in the use of appropriate materials and positive and appropriate development within Conservation Areas.
Environment Policy 35
The proposals are considered to be in accordance with the Strategic Plan policies
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. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
POLICY RB/3
Policies RB/3 AND RB/5 of Planning Policy Statement 1/01
POLICY 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:- • 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; • 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; • 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).
POLICY RB/5
Policies RB/3 AND RB/5 of Planning Policy Statement 1/01
POLICY 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 affect upon the building's special interest as a result of several minor works which may individually seem of little consequence.
POLICY RB/4
Planning Policy Statements: 1/01
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.
POLICY RB/8
Planning Policy Statements: 1/01
Policy CA/2
Planning Policy Statements: 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.
Condition 1
The works hereby granted registered building consent shall be begun before the expiration of four years from the date of this consent. Reason: To comply with paragraph 2(2)(a) of schedule 3 of the Town and Country Planning Act 1999 and to avoid the accumulation of unimplemented registered building consents.
Condition 2
Details of Works to Registered Building No works shall take place until details of the following items, to include plans, elevations and sections at a scale of no greater than (1:20) or have been submitted to and approved in writing by, the Department: a) Balustrade to Mezzanine The works shall not be carried out unless in accordance with the approved details. Reason: To ensure the satisfactory preservation of this registered building.
Condition 3
Sample materials No development shall commence until a schedule of materials, finishes and samples of the materials to be used in the following have been submitted to and approved in writing by the Department: a) Proposed balustrade to mezzanine The works 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.
Condition 4
MINOR ADDITIONS AND NEW SERVICES No new grilles, security alarms, lighting, security or other cameras or other fixtures shall be mounted on the external faces of the building other than those shown on the drawings hereby approved, a method statement of how the fixtures shall be mounted on the external faces shall be submitted to and approved in writing by the Department, the works shall be undertake in accordance with the approved statement. Reason: In the interests of the character and appearance of the site and surrounding area.
Condition 5
Registered Building Making Good Any damage to the registered building during the course of the works hereby approved shall be made good upon completion of said works. All making good works shall be submitted to and approved in writing by the Department and thereafter implemented within time period to be agreed with the Department. Reason: to ensure the satisfactory preservation of this registered building
installation of 60cm satellite dish
Alterations to incorporate disabled toilets within existing toilets and installation of window to replace doorway
Refurbishment of coping atop parapet walls
Filling in of external lightwells with removable concrete covers
Installation of architectural external lighting
Installation of two notice cabinets (In association with 08/00935/CON)
Registered Building consent to install two notice cabinets (In association with 08/00934/GB)
Installation of replacement roller shutter doors (In association with 08/01111CON)
Registered Building Consent for the installation of replacement roller shutter doors (In association with 08/01110GB)
Installation of replacement windows (In association with 09/01068CON)
Registered Building Consent for the installation of replacement windows (RB no 120 in association with 09/01066GB)
Registered Building consent for refurbishment works to existing toilet facilities
Registered Building Consent for the replacement of lead work to roof and box gutters, removal of decorative lighting and associated equipment, re siting of power cables and repair works to lantern roof lights
Conversion of premises for educational and public cultural events in addition to existing retail use (in association with 14/00831/CON)
Registered Building consent for the conversion of premises for educational and public cultural events in addition to existing retail use (in association with 14/00830/GB)
Door and window alterations, installation of flue and ventilation grills and external lighting (in association with 17/01082/CON)
Registered Building consent for door and window alterations, installation of flue and ventilation grills, lighting, basement and ground floor refurbishment works and installation of a mezzanine level (in association with 17/01081/GB)
Alterations, installation of replacement roof slates to match existing and associated lead work to parapet, replace two roof lights and installation of four new roof lights, and replacement windows to ends of lantern roof structures with new sections of gutter above (in association with PA 19/01287/CON)
Registered Building consent for alterations, installation of replacement roof slates to match existing and associated lead work to parapet, replace two roof lights and installation of four new roof lights, and replacement windows to ends of lantern roof structures with new sections of gutter above (in association with PA 19/01286/GB)
Installation of granite commemorative plaque