DEC Officer Report

Application No.: 19/00808/GB Applicant: Heron & Brearley Ltd Proposal: Alterations, refurbishment works to create ten hotel bedrooms and managers accommodation, window / door alterations, creation of a dormer window, rear external cellar services building, installation of roof lights and an extractor flue (in association with 19/00809/CON) Site Address: Queens Hotel Queens Promenade Douglas Isle Of Man IM2 4NL Planning Officer: Mr Nick Salt Photo Taken: 23.08.2019 Site Visit: 23.08.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 11.09.2019 _________________________________________________________________

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. Prior to the erection of the extraction flue proposed, details shall be submitted to and approved in writing by the Directorate of a 'false chimney stack' feature to cover the flue on the rear elevation.

Within 30 days of erection of the proposed extraction flue as per the approved plans, this feature shall also be erected.

Reason: To limit adverse visual impact from the large extraction flue and ensure that it is not visually dominating on the rear elevation of the site building.

Plans/Drawings/Information;

This permission relates to following plans and drawings, date stamped received on 22nd July 2019:

• o 17007/01 Site& Location Plan

• o 17007/02 rev A Existing Plans
• o 17007/03 rev B Proposed Plan
• o 17007/04 rev B Elevations
• o 17007/06 rev B Sections
• o 17007/07 rev B Photographic Survey legend + associated images
• o 17007/08 Skirting and architrave details
• o 17007/10 rev A Window Schedule
• o Manufacturer's details for ventilation extraction and flue

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the owners/occupiers of the following properties 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):

Redont Limited, Chadkirk, Rowan Avenue, Ballaugh (management company at Picadilly Court, Queens Promenade) as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).

It is recommended that the following Government Departments should not be given Interested Person Status on the basis that although they have made written submissions these do not relate to planning considerations:

Department for Enterprise - Tourism

It is recommended that the Isle of Man History and Antiquarian Society 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):

As they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy, and as they have not 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. _____________________________________________________________________________

Officer’s Report

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. It's 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 a 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

• it potentially dates as far back as the 1700's.

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.

2.0 THE PROPOSAL - 2.1 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: - 2.2 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. - 2.3 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). - 2.4 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. - 2.5 The detached cellar building to the rear (21m2) would be extended with an additional 20m2.

- 3.0 PLANNING HISTORY

3.1 There is a lengthy planning history for the premises, reflecting a number of minor works over recent years:

• o 04/01677/D - New Public House / Hotel signage and external lighting- Application Permitted
• o 04/01677/PART - Erection of lamp over front entrance door- Application Refused
• o 04/02030/CON - Registered building consent for erection of fibre glass cornice moulding detail to replace defective cement moulding and installation of eaves level down-lighters (in association with PA 04/2201/GB), - Application Permitted
• o 04/02201/GB - Replacement of defective and dangerous eaves level cement / stone cornice moulding with a G.R.P moulded cornice of same moulding. Installation of new eaves level down lighters (in association with PA 04/02030/C) - Application Permitted
• o 05/00551/CON - Installation of three Hulmann umbrellas on forecourt of hotel (in association with 05/00551/GB) - Application Permitted

• o 05/00551/GB- Installation of three Hulmann umbrellas on forecourt of hotel (in association with 05/00551/CON) - Application Permitted on Review
• o 05/01412/GB - A) Installation of fresh air vent inlet (intake) ventilation ducting mounted
• on existing flat roof at rear of building (Retrospective) (in association with 05/01412CON)
• o B) Installation of two 225 x 225 air bricks in west gable to provide air supply to second floor boiler room (in association with 05/01412CON) - Application Permitted
• o 05/01412/CON - A) Installation of fresh air vent inlet (intake) ventilation ducting mounted on existing flat roof at rear of building (Retrospective) (in association with 05/01412GB)
• o B) Installation of two 225 x 225 air bricks in west gable to provide air supply to second floor boiler room (in association with 05/01412GB) - Permitted
• o 06/01339/CON - Internal fire safety and precautions work, Queens Hotel, Queens Promenade, Douglas - Permitted
• o 07/00102/GB - Erection of a store to rear yard (In association with 07/00103/CON) Queens Hotel, Queens Promenade, Douglas - Permitted
• o 07/00103/CON - Registered Building consent for the erection of a store to rear yard (In association with 07/00102/GB), Registered Building 201, Queens Hotel, Queens Promenade, Douglas -Permitted
• o 07/00104/GB- Installation of internal & external kitchen cooling / air conditioning equipment to rear (In association with 07/00105/CON), Queens Hotel, Queens Promenade, Douglas - Permitted
• o 08/00664/CON - RB consent for cigarette bins - Permitted

3.2 There is also a concurrent Registered Building Consent application for the works proposed (19/00809/CON). In addition, there is a planning application and Registered Building application pending consideration for the adjacent building to the north - King's Guest House for alterations and a change of use from guest house to apartments (19/00416/GB & 19/00417/CON).

- 4.0 PLANNING POLICY

4.1 This Registered Building lies within an area zoned in the Douglas Local Plan 1998 as Tourist/Residential 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:

• 4.2.1 Strategic Policy 4 states: "Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, 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 unacceptable environmental pollution or disturbance."

• 4.2.2 Environment Policy 32 states:

• "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."
• 4.2.3 Environment 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."

• 4.2.4 General Policy 2 also provides a base for assessment of all development in areas zoned for such:

"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;

• (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."

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:

• 4.3.1 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."
• 4.3.2 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 effect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

4.4 Finally, Transport Policy 7 should be considered in regard to parking:

"The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

- 5.0 REPRESENTATIONS

5.1 Douglas Borough Council asked that the application be deferred until after their meeting on 16th September (09.08.19). They then confirmed on 14.08.19 that there was no objection. - 5.2 An objection to the application has been received from the management company at Piccadilly Court, Queens Promenade on behalf of the residents of Picadilly Court (23.08.19). The points of objection are summarised as:

• o The use as a hotel would increase parking demand in the area which would result in patrons of Queen's Hotel using the allocated parking for the apartment residents to the rear;
• o There would be increased noise pollution resulting from activity outside of the normal public house opening hours as a result of the hotel use;
• o There would be increased cooking odours;
• o The proposed extractor flue would be unsightly.

5.3 The Department for Enterprise -Tourism have confirmed that they have no comment to make on the application (29.07.19). - 5.4 The Isle of Man History and Antiquarian society have provided comment stating that they are broadly in support of the application, but request further detail on how the double glazing is to be added to the windows at the front and also how railing are to be repaired. (05.09.19) - 5.5 DOI Highways Do not object (06.09.19) as "the site is already a hotel and located on the Douglas Promenade."

- 6.0 ASSESSMENT

6.1 The key considerations in the assessment of this application are the following:

• o The Impact on the Registered Building
• o The Impact on the Conservation Area and Douglas Promenade
• o The parking arrangements
• o Other concerns

• 6.1.1 The original use of the building is as a hotel and public house - this use will be retained via the works proposed - in line with the Tourism/Residential local plan land zoning. The principle of the proposal is therefore acceptable subject to the considerations below.

6.2 The Impact on the Registered Building itself

• 6.2.1 Whilst the interior alterations proposed will be assessed with the associated Registered Building application (19/00809/CON), the exterior alterations proposed are assessed below:

• 6.2.2 The front of the Hotel is its defining feature due to its age (possibly 1700's) and as it is believed to closely resemble its original appearance, as noted in the Registered Building file. It is unique in appearance when read in the context of the later Victorian era guesthouses and more modern apartment blocks along this section of the Promenades.

• 6.2.3 With regard to the works to the frontage of the building, there would be minor alterations with the relocation of some of the roof lights and the reroofing of the building in natural slate. The repair of the existing first floor balcony railings would ensure its upkeep. An existing timber gate to the side would be replaced with a cast iron gate in a style similar to that of the existing balcony railings would be an enhancement to the appearance and traditional character of the front of the building.
• 6.2.4 The rear of the building and site retains less of the original or traditional character of the building with additions over time such as new modern window openings, a kitchen annex partly over two storeys and an above-ground cellar building to the rear. There is a large extractor flue projecting above the two storey part of the existing kitchen by 1.6m.
• 6.2.5 The addition of a dormer window on the rear and the larger roof lights are not original features of the building. However, the need for additional headroom and natural light is considered to outweigh any negative impacts of the addition of non-original features. As noted the rear of the building is much less visually impressive and/or traditional in appearance. The replacement of two ground floor doors with timber door would be an improvement in terms of appearance, and the extension of the detached cellar building would have minimal impact on the wider character of the registered building.
• 6.2.6 The main impact on the character and appearance of the building is likely to be from the proposed extractor flue which would be relocated to the single storey part of the kitchen area to the rear, projecting 6.7m from the annex roof, and above the eaves of the main roof

. This flue would be clearly visible from parts of Switzerland Road to the rear. In order to reduce the likely adverse visual impact of this, the applicants have agreed to a condition requiring the flue to be covered with a false chimney stack to match the finish of the rear elevation.

• 6.2.7 The windows on the property have been detailed as being scheduled for replacement with like-for-like units (with addition of double glazing) or repair. Exceptions to this are on the rear with the removal of one rear window, the addition of the dormer and the replacement of two other non-traditional windows with windows of the same size but differing glazing bar patterns. The window proposals are considered to preserve the character and appearance of the building.
• 6.2.8 Overall, the impacts of the proposals on the external character and appearance of the Registered Building are considered acceptable on balance. It is considered that the special character and features of the building - particularly the front elevation, would be retained.

6.3 The Impact on the Conservation Area and Douglas Promenades

• 6.3.1 In terms of wider impact, this is directly linked to the appearance of the building itself. Queens Hotel forms a unique visual feature as it pre-dates the majority of buildings along the Promenade which are of more ornate Victorian design. The front of the building has largely remained in its original state and is therefore a key landmark along Douglas Promenades Conservation Area. As the character and appearance of the frontage would not be unacceptably altered or noticeably altered, the impact on the wider area would be minimal. It is considered that the works would meet the requirements of Environment Policy 35 in preserving the special character and appearance of the conservation area. Its refurbishment would help to ensure its retention into the future. 6.5 Parking

• 6.5.1 The property is currently in use as a pub and restaurant with no parking available for customers. As with the majority of hotels and guesthouses along the Promenade, there would be no off street parking for the hotel. The parking situation is similar to many guesthouses

and hotels along the Promenade, in that none is provided. This is noted by DoI Highways who do not object to the application. The site currently operates as a public house and restaurant and no spaces are provided - the addition of hotel capacity may increase demand, however not all tourists to the Isle of Man will drive a car, some are likely to use a motorcycle or public transport. The comments from the neighbouring apartments regarding the unauthorised use of their parking spaces is noted, however this cannot be controlled by the planning process and there is no guarantee that the proposal would exacerbate this.

6.5 Other Concerns

• 6.5.1 In relation to noise and odour pollution from the building, it is not considered that this would be unacceptably increase from the present situation. The new extractor flue would eject fumes much higher than the existing, and smells are therefore less likely to sit a lower level. It is not considered that there would be an unacceptable additional impact on neighbour amenity, the proposal would accord with GP2 in this regard.
• 7.0 CONCLUSION

7.1 In summary, this planning application proposed and conversion of the Kings Guesthouse (Erin Brae) into three apartments is considered to meet the tests set out in the policies relating to Registered Buildings and Conservation Areas, as well as meeting the other policies and material planning considerations on balance. The application is therefore recommended for approval. - 7.2 This approval is for planning aspects only. Registered Building Consent is also necessary in order for any of the works to be carried out.

8.0 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:

• (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
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated.

8.2 The Planning Committee must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 17.09.2019 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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