permission was refused for the use of the site as a builder's compound
7 August 2019 · Committee
Caretaker / Store, Bayqueen Hotel, The Promenade, Port St Mary, Isle Of Man, IM9 5dg
Permission was granted to demolish the remaining structure of the former Bay Queen Hotel on The Promenade in Port St. Mary, and to construct two new buildings in its place. The development would provide a total of 45 apartments and a restaurant, together with car parking, landscaping, and a new substation. The site is located on the northern side of Port St. Mary Promenade, bordered by residential properties including Rhenwyllan Close to the north and the Dolphin Apartments to the west. The existing hotel building is a registered structure.
The application was approved by the Department of Environment, Food and Agriculture on 7 August 2019. Permission was granted to demolish the remains of the former Bay Queen Hotel, a registered structure, and replace it with two new buildings containing 45 apartments and a restaurant, along with car parking, landscaping, and a new substation. The formal decision record lists 16 conditions.
Development should make the best use of resources
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
General Policy 2
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: (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. 6.3 Development outside of areas zoned for development
Environment Policy 36
IMPACT ON THE CHARACTER AND APPEARANCE OF THE AREA
Environment Policy 36: Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area. 7.31 Advertisements in Conservation Areas 7.31.1 Some advertisements found and proposed in Conservation Areas are inappropriate and do not reflect the special character and designation of the area. The design of advertisements should respect the physical appearance of the premises in order to integrate re adily with its surroundings. Traditional details, hanging signs and hand painted signage are most appropriate and will be encouraged.
RB/3 General Criteria Applied in Considering Registered Building Applications
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).
RB/6 Demolition
POLICY RB/6 DEMOLITION There will be a general presumption against demolition and consent for the demolition of a registered building should not be expected simply because redevelopment is economically more attractive than repair and re-use of an historic building; or because the building was acquired at a price that reflected the potential for redevelopment, rather than the condition and constraints of the existing historic building. Where proposed works would result in the total or substantial demolition of a registered building, an applicant, in addition to the general criteria set out in RB/3 above, should be able to demonstrate that the following considerations have been addressed:- In judging the effect of any proposed alteration or extension to a Registered Building, it is essential to have assessed the elements that make up the special interest of the building in question. They may comprise not only obvious features such as a decorative facade, or an internal staircase or plaster ceiling, but may include the spaces and layout of the building and the archaeological or technological interest of the surviving structure and surfaces. These elements can be just as important in the simple vernacular and functional buildings, as in grander status buildings. Cumulative changes reflecting the history of use and ownership can themselves present an aspect of the special interest of some buildings, and the merit of some new alterations or additions, especially where they are generated within a secure and committed long-term ownership, are not discounted. The destruction of historic buildings is in fact very seldom necessary for reasons of good planning: more often it is the result of neglect, or failure to make imaginative efforts to find new uses or incorporate them into new developments. • The condition of the building, the cost of repairing and maintaining it in relation to its importance and to the value derived from its continued use. Any such assessment should be based on consistent and long term assumptions. Less favourable levels of rents and yields cannot automatically be assumed for historic buildings and returns may, in fact, be more favourable given the publicly acknowledged status of the building. Furthermore, historic buildings may offer proven performance, physical attractiveness and functional spaces, that in an age of rapid change, may outlast the short-lived and inflexible technical specifications that have sometimes shaped new developments. Any assessment should take into account possible tax allowances and exemptions. In rare cases where it is clear that a building has been deliberately neglected in the hope of obtaining consent for demolition, less weight should be given to the costs of repair; • The adequacy of efforts made to retain the building in use. An applicant must show that real efforts have been made, without success, to continue the present use, or to find new uses for the building. This may include the offer of the unrestricted freehold of the building on the open market at a realistic price reflecting the building's condition. • The merits of alternative proposals for the site. Subjective claims for the architectural merits of a replacement building should not justify the demolition of a registered building. There may be very exceptional cases where the proposed works would bring substantial benefits for the community; these would have to be weighed against preservation. Even here, it will often be feasible to incorporate registered buildings within new development, and this option should be carefully considered. The challenge presented by retaining registered buildings can be a stimulus to imaginative new designs to accommodate them. CONTROL OF UNAUTHORISED WORKS Section 15 of the Act provides that no works may be executed:- (a) for the demolition of a registered building, or (b) for its alteration or extension in any way which would affect its character as a building of special architectural or historic interest, unless they are authorised under the Act and the Department has granted written consent for the execution of the works ("registered building consent") N.B. It should be noted that Section 15 of the Act does not apply to works for demolition, alteration or extension of :- i) any building which is for the time be ing the subject of a preservation order under section 11 of the Manx Museum and National Trust Act 1959, or ii) a building for the time being included in the list of monuments prepared under section 13 of the said Act.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
No site works or clearance shall be commenced until protective fences which conform with British Standard 5837:2012 (or any British Standard revoking and re-enacting British Standard 5837:2012 with or without modification) have been erected around any existing trees and other existing or proposed landscape areas as shown in drawing 04. Unless and until the development has been completed these fences shall not be removed and the protected areas are to be kept clear of any building, plant equipment, material, debris and trenching, with the existing ground levels maintained, and there shall be no entry to those areas except for approved arboricultural or landscape works. If there is to be any change in ground level which could potentially harm T25, the area concerned must be hand dug to ascertain whether there are any roots present and prior to the undertaking of any further work in this area, a mitigation strategy must be approved by the Department. The development must be undertaken in accordance with all of the above approved details.
Condition 3
Prior to the commencement of work associated with the development hereby approved, the applicant must have approved a scheme for the introduction and future maintenance of the walls of the building on which there are to be climbing plants, including the species, specification and number of plants to be introduced together with a five year maintenance plan including the replacement of any plants which die or are removed within that time, and provisions for the on-going support and hydration of the plants.
Condition 4
All planting, seeding or turfing comprised in the approved details of landscaping must be carried out in the first planting and seeding seasons following the completion of construction and external finish of the buildings with the planting immediately adjacent to each building being carried out following the external completion of the building concerned. Any trees or plants which within a period of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of a similar size and species.
Condition 5
Prior to the occupation of any part of either building hereby proposed, the applicant shall have approved by the Department a scheme to restrict the use of the car park to the south of the building, to users and staff of the restaurant and where the size and height of vehicles is limited to cars rather than larger vans and the development must be undertaken in accordance with these details and shall be retained as such, unless otherwise approved in writing by the Department.
Condition 6
The windows in the proposed north elevation of the main building, shown shaded in a darker colour on drawing 09A, must be fitted with glass obscured to Pilkington Level 5 or equivalent and retained as such.
Condition 7
Prior to the installation of any windows in the southern section of the building, which is designed to emulate the existing building on site, details of all windows, their frame material and section as well as the opening style, must be approved by the Department and the development must be implemented in accordance with these details and the windows so retained thereafter.
Condition 8
Prior to the commencement of the development hereby approved, or the submission of any details required to comply with the other conditions set out on this decision notice, the applicant must have approved by the Department a swept path analysis of two vehicles which are at least 5 metres in length passing each other at the entrance/exit of the underground car park serving the front building.
Condition 10
Prior to the commencement of any built development associated with this approval, the applicant must have approved by the Department details of proposed site levels and the development must be undertaken in accordance with these details.
Condition 11
Prior to the commencement of any built development associated with this approval, the applicant must have approved by the Department details of refuse collection from the site which demonstrates that refuse vehicles are able to safely access and egress the site and the development must be undertaken in accordance with these details.
Condition 12
The development hereby approved shall not be occupied or used at any time unless signage is in place which identifies the points of vehicular access into and from the site and is in accordance with details which have been approved in writing by the Department.
Condition 13
Prior to the occupation or use of the development hereby approved, visibility splays of 2.4 metres by 43 metres in both directions must be available for the two site accesses onto the promenade in accordance with drawings which have been approved by the Department. These splays must be retained as such thereafter.
Condition 14
Notwithstanding the approved plans or the requirement of any other condition, the boundary wall along the frontage of the site must be no higher than 1 metre when measured from the adjacent highway.
Condition 15
The area to the south east of the bend shall only be grassed and not planted with trees or shrubs.
Condition 16
Prior to the occupation or use of the building, the parking, access and vehicle, cycle and pedestrian manoeuvring areas must be laid out and suitably hard surfaced as shown in the approved plans (or as otherwise required by conditions set out on this decision notice) and be available for use and retained as such thereafter.
Condition 17
The development hereby approved shall not be occupied or used at any time unless cycle parking is in place and available and is in accordance with details which have been approved in writing by the Department.
Alterations were approved
permission refused for the principle of the demolition of the hotel and the construction of offices
Permission was then granted for the principle of the partial demolition of the hotel to provide apartments
64 apartments
was refused on appeal for the introduction of 8 town houses to the rear of the hotel
for partial redevelopment of the site for 37 units - refused on appeal
60 apartments
revised internal layout and erection of staircase
reserved matters from 99/02149/A approved at appeal for 2 buildings housing 56 apartments
most relevant to the current proposal
erection of staircase building
amendment to roof of approved stairwell (02/01652/GB)
replacement and reinstatement of windows and erection of a replacement roof light to rear elevation
matters of landscaping, bin store, balconies and windows relating to 02/00343/REM
permission was refused for the use of the site as a builder's compound