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Application No.: 23/01002/CON Applicant: Heron & Brearley Ltd Proposal: Variation of Condition one of PA 19/00809/CON (Alterations and refurbishment works to create ten hotel bedrooms and managers accommodation (in association with PA 19/00808/GB) to extend the period of approval by one year (in association with PA 23/01000/B) Site Address: Queens Hotel Queens Promenade Douglas Isle Of Man IM2 4NL Planning Officer: Mr Toby Cowell Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 07.12.2023
C : Conditions for approval N : Notes attached to conditions
Reason: To accord with the extended period of time in which to implement the development as sought by this application.
Reason: To ensure the satisfactory preservation of this registered building and in the interests of the character and appearance of the site and surrounding area in accordance with Environment Policy 32 and Environment Policy 34 of the Isle of Man Strategic Plan 2016 and Policies RB/3 and RB/5 of Planning Policy Statement 1/01.
The proposed development remains in accordance with Strategic Policies 4 and 5, Spatial Policy 1, General Policy 2, Environment Policies 32 and 35, and Transport Policies 4 and 7 of the Strategic Plan (2016), whilst further according with the site's adopted land use zoning in the Area Plan for the East (2020).
Plans/Drawings/Information; This approval relates to the following drawings and documents referenced:
Received 31.08.23. _______________________________________________________________
Additional Persons
It is recommended that the following 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:
41 Piccadilly Court, Queens Promenade, Douglas
as they have explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________
1.0 THE APPLICATION SITE - 1.1 The application site is the Queens Hotel, Douglas Promenade (Registered Building No 201). The building is currently used as a public house with the upper floors largely vacant. - 1.2 The building itself is dated at pre 1826, first becoming a public house in the early 1800's. Its style pre-dates many of the present day promenade buildings which include terraces built later to accommodate the Victorian tourist market, and modern apartment blocks. According the Registered Building file, the external appearance of the front of the building is regarded to be largely as it was around 150 years ago. On several occasions the internal layout, fixtures and fitting have been altered, and the majority of external changes during its current period of ownership as reflected in the planning history. The Queen's is unique in that it is considerably different to its neighbours in terms of design and the era in which it was built
1.3 The dash rendered grey exterior on the two upper floors with painted stone block window frames and ground floor is a defining characteristic of the building, which also features three large chimney stacks. There is an outdoor seating area between the front elevation and the road. To the immediate south side is an access lane to a private car park. At the rear are previous annexes including the kitchen and the cellar. There is a large ventilation flue at the rear of the building exiting the kitchen annex at first floor level. There are a number of small roof lights on the building.
2.1 Registered Building Consent is sought to vary condition 1 of PA 19/00809/CON to extend the period of approval by one year from the date of the original decision. No changes are proposed with respect to the approved scheme. The following provides a description of the development as detailed in the officer report for the original scheme:
"This proposal includes both external and internal works to facilitate refurbishment to reintroduce 10 hotel bedrooms in the upper floors of the building. Only the external works are considered in the assessment of this planning application. There are several parts to the proposed external works - outlined below:
There are a number of window and door alterations proposed. The existing windows throughout would be either repaired or replaced in a like-for-like manner using the same materials, method of opening and glazing patterns with the addition of double glazing. To the rear, garage style double doors would be replaced with a single timber door with the remainder of the wall blocked up to match.
The extraction flue to the rear would be replaced with a flue on the single storey rear kitchen annex, running flush against the rear elevation at a height of 6.7m above the roof of the kitchen (single storey part).
A pitched dormer window would be added to the rear elevation to provide additional headroom for the existing staircase on the top floor. In addition, 5 conservation roof lights (approx. 0.8x0.7m) would be installed on the rear pitch of the roof, with the existing roof lights on the front relocated to provide greater symmetry between them. The existing tiled roof would be replaced with a natural slate one throughout.
The detached cellar building to the rear (21m2) would be extended with an additional 20m2."
3.1 Whilst there is a lengthy planning history for the premises, reflecting a number of minor works over recent years, the following is considered to be of most material relevance to this application:
4.1 This Registered Building lies within an area zoned in the Area Plan for the East as Mixed Use. It is also within Douglas Promenades Conservation Area.
4.2 Given the nature of the application the following policies from the IOM Strategic Plan are most relevant in the assessment:
"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."
"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."
"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:
4.3 Planning Policy Statement 1/01 sets out Policy and Guidance notes for the Conservation of the Historic Environment of the Isle of Man:
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."
5.1 Douglas Borough Council - No objections (15.09.23)
5.2 Highway Services - No response received at the time of writing. - 5.3 Registered Buildings Officer - No response received at the time of writing. - 5.4 Manx National Heritage - No response received at the time of writing. - 5.5 Manx Utilities Authority - No response received at the time of writing. - 5.6 Forestry Officer - No response received at the time of writing. - 5.7 One letter of representation has been received in relation to the application which states the following:
Biggest concern is parking and the people staying in the proposed 10 room hotel won't have anywhere to Park and as a result they will use the Piccadilly Court Car Park without authorisation which will cause stress to the residents (me) and confrontations between Hotel Guests and Piccadilly Court home owners. Can this be taken into consideration please properly and the planning application altered so the guest house provide Car Parking somewhere and confirm how this is going to be managed.
6.1 Registered Building Consent has previously been granted for the proposed development, with no changes proposed to the approved scheme. This application seeks only to vary condition 1 of the original approval to allow for an extra year in which to commence the development. If approved, this would take the revised expiry date to September 2024.
6.2 The previous application was largely approved on the basis of the current iteration of the Strategic Plan (2016) together with the now defunct Douglas Local Plan (1998), which has since been replace by the Area Plan for the East (2020). Therefore, the only realistic consideration is whether the proposed development would conflict in the change in planning policy. - 6.3 The site previously fell within an area zoned as tourist/residential mixed use in the Douglas Local Plan and already functioned as a hotel/public house. The site now falls within an area zoned as mixed use within the Area Plan for the East. Paragraph 9.11.2 of this document states that, with respect to development in areas of 'mixed use':
"Development types within areas of mixed use generally comprise a variety of different but compatible uses. Appropriate new uses may include a mix of shops and some services (financial and professional), food and drink, office and light industry, research and development, tourist and residential uses, and other uses such as clinics or health centres, childcare or education, community facilities, and places of assembly and leisure. Uses which
are not compatible with residential development will generally not be supported within the areas of mixed use."
6.4 Given the above, the principle of development remains compatible with the site's land use zoning and the Area Plan for the East. All remaining considerations with respect to design, heritage/conservation impact, residential amenity impact and parking/highways matters were assessed in accordance with relevant policies of the Strategic Plan (2016), which remains in force. On this basis, the development is considered to remain acceptable and accords with relevant policies of the adopted Development Plan.
7.1 The proposed development remains in accordance with Strategic Policies 4 and 5, Spatial Policy 1, General Policy 2, Environment Policies 32 and 35, and Transport Policies 4 and 7 of the Strategic Plan (2016), whilst further according with the site's adopted land use zoning in the Area Plan for the East (2020). The application is therefore recommended for approval. - 8.0 INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Registered Buildings) Regulations 2013, the following are automatically interested persons:
8.2 In addition to those above, the Regulation 9(3) requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 08.12.2023 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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