Registered Building Consent for the conversion of No.27 to form one retail unit and one apartment, and demolition and replacement of No.28 with one retail unit and one townhouse - RB289 (in association with 25/90789/GB)

Strategic Policy 4

Isle of Man Strategic Plan 2016

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.

General Policy 2

Isle of Man Strategic Plan 2016

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 32

Isle of Man Strategic Plan 2016

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 35

Isle of Man Strategic Plan 2016

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.

Environment Policy 42

Isle of Man Strategic Plan 2016

pment. 8.13.2 The extent of formal open space with in settlement boundaries in the South is identified on the Proposals Map (Map 3) and Inset Maps (Maps 4-7). The Isle of Man Strategic Plan (Environment Policy 42) seeks to protect these open spaces and indicates that: 8.13.3 "Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a partic ular area will not be permitted.''

Environment Policy 43

Isle of Man Strategic Plan 2016

the continued regeneration within Douglas, particularly around the Promenades and Quayside and Douglas Regeneration Area to create further housing, employment, retail and leisure opportunities. Environment Policy 43 of the Strategic Plan recognises that there are some areas showing signs of deterioration and degradation, limited investment, empty and underused buildings, derelict sites and generally poor environments. It suggests that areas that could benefit from regeneration should be identified in Area Plans and any schemes or proposals whether for refurbishment, environmental improvements or complete redevelopment must be formulated by involving the local community which would be directly affected by the regeneration of the area. Re-use of sound built fabric, rather than its demolition will be encouraged. Comprehensive Treatment Area Objectives The objectives are to: i. Optimise use of land and buildings; ii. Unlock difficult sites; iii. Assist with a co-ordinated approach to development; iv. Improve the urban environment and visual amenity; v. Encourage further investment; vi. Provide for space for Douglas Town Centre to grow; and vii. Improve access and provide better linkages. Area Plan Desired Outcomes The outcomes for each identified 'treatment area' will be tied to the proposed mix of uses on each site. The desired outcomes can be summarised under the following headings - many of which are interlinked: i. Urban Design and Integration a. To provide urban design outcomes which recognise the history of each area, their relationships to neighbouring land uses and features and takes into account appropriate transition from one land use to the next. ii. Infrastructure a. General/grey - to ensure that development staging is co-ordinated with the delivery of infrastructure and to create a road network that is permeable. b. Green - to e stablish appropriate public open space assets that are visually and physically linked via the local road network and associated pedestrian and cycling trails and waterways. To protect character in terms of landscape quality and nature conservation value with settlement boundaries. iii. Uses a. Provision of retail, community services, leisure without compromising the function and role of nearby activity centres, and which facilitates efficient and direct pedestrian, cyclist and vehicle movement. iv. Making a positive contribution a. To create an attractive urban environment that features tree -lined streets and attractive open spaces with high-amenity landscaping. v. Making the best use of resources a. Areas have been chosen because of their ability to complement existing town centres uses, and to take advantage of the roads and service infrastructure already in-place. b. To ensure balance between water quality, biodiversity, recreation and visual amenity while optimising developable land within settlement limits. vi. A more integrated transport network a. Provide realistic and workable alternatives to the use of private vehicles through the creation of direct links for pedestrians, cyclists and public transport users to town centre and retail areas, to schools, leisure facilities and other community assets. Key features of Comprehensive Treatment Areas in the East The proposals set out in this Plan: • Identify four CTAs in Douglas and one in Onchan; • Have a strong treatment focus on delivering quality urban environments, with a complementary mix of land uses and clear underlying visioning; • Translate to mapped areas without defined edges; • Describe the treatment which is proposed; and • Intend the period, within which that treatment is to begin , as being within 5 years beginning with the date on which the Plan is adopted. Proposed Comprehensive Treatment Areas in the East Comprehensive Treatment Area 1 - The Villiers (area is shown on Map 5) Despite planning approval for a variety of uses having been granted, much of the site remains undeveloped and has done for some time. The site has a negative effect on this prominent area of Douglas and impacts on the appearance of the Promenade as a whole. The area fronting the Promenade should either be developed or its appearance improved by creating an attractive public space. Re -development of the wider area would not be discounted, although where existing buildings are attractive and have a sound fabric, they should be incorporated into any wider scheme. The Central Douglas Masterplan suggests there is opportunity to support the intensification of the high street through the removal of some buildings on Duke Street. The Villiers site CTA is also a strategic freight corridor and maintaining access for commercial vehicles, including HGV's, must be considered in any proposed development. CTA Proposal 1 - The Villiers (Treatment Plan) Development of this area shall include office, leisure, retail, hotel, residential, entertainment venues, food and d rink uses and public open space or a combination thereof; or the laying out of

Conservation Of The Historic Environment Of The Isle Of Man

Planning Policy Statement 1/01

Planning Circular 1/98 # THE ALTERATION AND REPLACEMENT OF WINDOWS The Department of Infrastructure Planning And Building Control Division Murray House Mount Havelock Douglas Isle of Man IM1 2SF July 1998 # THE ALTERATION AND REPLACEMENT OF WINDOWS ## INTRODUCTION 1. This Planning Circular sets down the Department's policies in respect of the alteration or replacement of windows. These policies vary according to the age, merit and location of the building. For ease of use, the Circular divides buildings into several categories, and sets out the policies and reasoning for each category. ## NEED FOR PLANNING APPROVAL 2. This Circular should be read in conjunction with the recent Permitted Development Order (S.D. 664/97). The effect of the Order is that, with certain exceptions, the installation of a window in an existing aperture in a building erected after 1920 does not require planning approval. The exceptions are - a) Where the building is a registered building or in a conservation area, or in an area in respect of which the Planning Committee has passed a resolution to the effect that planning approval is required for such work; or b) Where the work would be in breach of a condition imposed on the grant of planning approval. ## GENERAL REASONING 3. The appearance of any building is strongly influenced by the detailing of its windows. The character and integrity of a building are usually best preserved by the retention and repair of the original windows, or, if this is not possible, the installation of replacements which respond suitably to the original design. In this context, "original" means those windows which were installed in the building at the time of its construction. If you are in doubt as to whether the existing windows are the originals, the staff in the Office of Planning may be able to give advice. ## BUILDING CATEGORIES 4. For the purposes of this Circular, buildings have been divided into the following categories:- a) Registered Buildings b) Buildings in Conservation Areas c) Buildings erected before 1921 and not falling within a) or b) which have largely retained their original character d) Other buildings erected before 1921 e) Buildings constructed after 1920 which do not fall into category a) or b) and which are not subject to previous planning conditions restricting the installation of replacement windows. Subsequent paragraphs of this Circular deal with each category in turn. ## Category a) REGISTERED BUILDINGS 5. Policy If the original windows are still in place they should preferably be repaired. If repair is impracticable, replacement windows MUST BE THE SAME as the originals in all respects, including the method of opening, materials and detailed design. This policy will be strictly applied other than where the particular circumstances are so exceptional as to justify a relaxation. Reasons for Policy: Registered Buildings are those buildings which are judged to be of special architectural or historic interest and which are already entered into the Protected Buildings register. Because of their special status, these buildings merit particular care and any work carried out by way of repair or alteration requires Registered Building Consent. Planning Approval and Registered Building Consent ARE ALWAYS required. Category b) BUILDINGS IN CONSERVATION AREAS 6. Policy 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 originals, but not necessarily the original method of opening, whatever the material used in the construction. Reasons for Policy: The Department has a duty to determine which parts of the Island are areas of special architectural or historic interest, the character of which it is desirable to preserve or enhance, and shall by order designate such areas as Conservation Areas. Planning Approval is required for all external works to properties in Conservation Areas to ensure that any proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. Planning Approval IS REQUIRED for alteration or replacement of window in the category of buildings. Category c) BUILDINGS ERECTED BEFORE 1921 AND NOT FALLING WITHIN CATEGORIES a) OR b) WHICH HAVE LARGELY RETAINED THEIR ORIGINAL CHARACTER 7. For ease of use, this category has been divided into two, based on the location of the building: i) Buildings in an Urban Setting Policy In the individual building, or group of buildings, whose principal elevations are readily visible from a public thoroughfare, if the original windows are in place, it may be possible to repair and renovate them. This can take place without permission, and will be encouraged by the Department. If repair is impracticable, or existing windows are not the originals, the preference will be for replacement windows in the said principal elevations to have the same method of opening as the originals. Whatever the materials used in their construction, the windows MUST HAVE the same or similar pattern and section of glazing bars and the same or similar frame sections as the original windows. Windows are not part of the principal elevations and which are not readily visible from a public thoroughfare should preferably have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in their construction. Reasons for Policy: In many of our towns there are individual and groups of buildings which, although not worthy of Registration and not located in Conservation Areas, make a most important contribution to the local townscape; e.g. prominent corner sites or terraces. Where these buildings remain substantially unaltered, the aim is to encourage their enhancement in response to the original architectural concept. Planning Approval IS REQUIRED for alterations or replacement windows in this category of buildings. ii) Buildings in a rural setting Policy In an individual building, or group of buildings, whose principal elevations are readily visible from a public thoroughfare, if the original windows are in place, it may be possible to repair and renovate them. This can take place without permission, and will be encouraged by the Department. If repair is impracticable or the existing windows are not the originals, the preference will be for replacement windows on the said principal elevations, to have the same method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE the same or similar pattern and section of glazing bars and the same or similar frame sections as the original windows. Windows not part of the principal elevations and which are not readily visible from a public thoroughfare should preferable have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material use in their construction. Reasons for Policy: The Island is fortunate in that it still retains a considerable number of unspoilt traditional vernacular buildings which epitomise the quality of the rural landscape. These buildings may not be worthy of Registration, and may not be located in Conservation Areas, but they do make a most important contribution to the traditional character of the rural landscape. Where these buildings remain substantially unaltered, the aim is to encourage their enhancement whilst preserving the original vernacular style. Planning Approval IS REQUIRED for alteration or replacement of windows in this category of buildings. Category d) OTHER BUILDINGS ERECTED BEFORE 1921 8. Policy Replacement windows should preferably be the same or as similar to the originals in the pattern of the glazing bars. However, provided that the glazing pattern is retained, a more relaxed approach will be taken to the replacement of windows in such properties. Reasons for Policy: Many buildings fall within this category and although there is little in the way of restriction, the aim is to encourage simulation of the original glazing pattern and this will apply particularly to buildings which are part of a larger group, such as a terrace, where replacement windows, if carefully designed, may serve to enhance the overall appearance of the group. Planning Approval IS REQUIRED for alteration or replacement of windows in this category of buildings. Category e) BUILDINGS CONSTRUCTED AFTER 1920 WHICH DO NOT FALL INTO CATEGORIES a) OR b) AND WHICH ARE NOT SUBJECT TO PREVIOUS PLANNING CONDITIONS RESTRICTING THE INSTALLATION OF REPLACEMENT WINDOWS. 9. The installation of replacement windows in these buildings does not require planning approval. The Department nevertheless recommends that the design of such windows should respect the architectural style of the building. ## FINANCIAL ASSISTANCE 10. Attention is drawn to the fact that the repair of existing windows or the installation of replacement windows may qualify for grant assistance under Financial Assistance Schemes which the Department operates. Further information regarding the availability of Grant Assistance is obtainable from the Finance Section of the Department. ## REVOCATION AND STATUS 11. Planning Circular 2/93 (Replacing External Doors and Windows) is herby withdrawn. 12. This Circular is issued by the Department in accordance with Article 11 (2)(a)(vi) of the Isle of Man Planning Scheme (Development Plan) Order 1982. 13. Further advice or information is available from: The Planning Office Department of Infrastructure 1st Floor Murray House Mount Havelock Douglas Isle of Man .

Urban Environment Proposal 3

Area Plan for the East

Urban Environment Proposal 3 Development proposals must make a positive contribution to local character and distinctiveness. Traditional or contemporary approaches may be appropriate, depending upon the nature of the proposal and the context of the surrounding area. Creative Re-use As stated in the Strategic Plan, Paragraph 7.25: 'Conservation of the built environment and archaeological features should be viewed as an asset to be promoted and not as a constraint to be overcome'. It is recognised that retaining the best examples of built heritage for future generations benefits the resident population by celebrating its unique national identity and increasing the sense of wellbeing and improved quality of life brought about by beautiful surroundings. The value of mid and late-20th Century architecture should not be ignored as the best examples of these periods contribute to a rich and vibrant built heritage. Supporting the continued use and retention of these buildings requires a pragmatic and dynamic understanding of different potential uses. A proposed use which retains a building of heritage value, but requires modification to that building, is superior to a proposal which leads only to demolition or decay of that building.

Urban Environment Proposal 4

Area Plan for the East