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Application No.: 14/00799/B Applicant: A E Corkill (Removals) Limited Proposal: Demolition of all existing buildings and boundary walls and construction of an office building with basement parking Site Address: 39 Finch Road Douglas Isle of Man IM1 2PT Case Officer : Mr S Moore Photo Taken: 19.09.2014 Site Visit: 19.09.2014 Expected Decision Level: Planning Committee
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS AN OBJECTION HAS BEEN RECEIVED FROM HIGHWAY SERVICES BUT THE APPLICATION IS RECOMMENDED FOR AN APPROVAL.
1.0 THE SITE - 1.1 The application site is located on a corner site on Finch Road in Douglas, and is bounded by St Barnabas Hill to the north and Christian Road to the south. Finch Road runs north to south along the contour, whilst Christian Road and St Barnabas Hill run steeply down the slope toward the shopping centre. This part of Douglas is the transition between residential to the north and commercial and public buildings to the south. - 1.2 To the immediate west of the site the prominent brick faced Bank of Ireland building dominates the area. Slightly forward of it, across St Barnabas Hill to the north is Mona Terrace which stands above gardens running down to Finch Road. Most of the terrace is of Regency style and period, whilst the final building, comprising six window bays, is of modern construction, forming a return onto the Harris Terrace frontage. These buildings are of white painted render or stone construction. The Bank of Ireland Building stands significantly higher than the buildings on either side. - 1.3 To the south of the site the Victorian terraces of Christian Road step down towards the site, with an angled three storey terrace turning into Mount Havelock. All of these buildings are of light painted render. Beyond this turn the terracing rises to four storeys, and then, detached from it is a Government office, of similar height, but having two columned porticos on a frontage which has a less apparent architectural style than the older buildings around. - 1.4 Below Mount Havelock are two floors of car parking entered at street level from Mount Havelock, at the upper level, and Finch Street at the lower level. - 1.5 At its northern end, this building has retail units at the lower level, and the end of the building, facing the appeal site, is an elegant but diminutive shop and office building, with a rounded frontage to Christian Road. Below the site, to the north east is the large multi storey car park serving the town centre, which stands one storey above Finch Road. To the south east are two storey terraces, mainly in office use. Between the car park and these buildings Well Road Hill is a pedestrian street running steeply down to Market Street and the centre.
2.0 THE PROPOSAL - 2.1 These proposals seek planning permission for the demolition of all existing buildings and boundary walls on the site outlined in red in this application and for the construction of an office building of 3,429 sqm and net office space of 2,053 sqm, with basement parking of 28 car parking spaces. - 2.2 Comparison with previous approval
Following the consultations with the Department of Infrastructure and the Department of Environment Food and Agriculture, the architects and agents carried out a design reappraisal which resulted in the following changes to the previously approved scheme at Appeal (03/01473/B):
3.0 PLANNING HISTORY - 3.1 The following applications are considered to be specifically material in the assessment of the current application:
04/01515/C - Change of use of former gym to furniture retail outlet, Removals HouseApplication permitted
03/01473/B - Erection of an office development with parking and associated works to replace existing offices and gym (8th February 2010 Duration of consent extended to 29th December 2011) - Application permitted at Appeal
02/00377/B - Erection of office development with parking and associated works to replace existing offices and gym - Application Refused on Review
92/00825/B - Demolition of existing & construction of new office block with apartment & parking, site of A.E. Corkills, Christian Road/Finch Road, Douglas. - Application Refused.
4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is located within an area of "Mixed Use, Town Centre" as identified within the Douglas Central Local Plan, 1998, Map No.1 (Central Area). - 4.2 As the proposed is a commercial office development located within the Windsor Road Conservation Area designated in 2003, the relevant planning policies from the Isle of Man Strategic Plan 2007 (20th June 2007), are Strategic Policies 1, 4 and 5, General Policy 2, Environmental Policy 35, Business Policies 7 and 8. Policy CA/2 of Planning Policy Statement
1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) is also considered to be relevant to determining this application.
Strategic Policy 1 states: "Development should make the best use of resources by:
"New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require Planning applications to be supported by a Design Statement which will be required to take into account of the Strategic Aim an Policies."
"Major employment-generating development should be located in existing centres on land zoned for such purposes and identified as such in existing Local or new Area Plans."
Strategic Policy 10 states: "New development should be located and designed such as to promote a more integrated transport network with the aim to:
"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:
"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."
"New development in existing settlements must be designed to take account of the particular character and identity, in terms of buildings and landscape features of the immediate locality. Inappropriate backland development, and the removal of open or green spaces which contribute to the visual amenity and sense of place of a particular area will not be permitted. Those open or green spaces which are to be preserved will be identified in Area Plans."
"The Department will generally support proposals which seek to regenerate run-down urban and rural areas. Such proposals will normally be set in the context of regeneration strategies identified in the associated Area Plans. The Department will encourage the re-use of sound built fabric, rather than its demolition."
Policy CA/2 - Special Planning Considerations states:
"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."
"New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate Area Plan; exceptionally, permission may be given for new office space
"New office buildings should, in terms of height and mass, respect the scale and character of adjoining buildings and should accommodate parking space in accordance with the standards specified in Appendix 7 of the Plan."
5.0 CONSULTATIONS: - 5.1 Douglas Borough Council considered the application and have 'no objection to the proposals'. - 5.2 Highway Services of the Department of Infrastructure offer the following comment:
"The application fails to provide the number of car parking spaces required by the strategic plan; there is a deficit of some 13 car parking spaces. There is no justification provided for a reduction in the car parking standard.
The application includes provision for bicycle parking but not for motorcycle parking.
The application involves the demolition of an existing building with a small car park that is accessed from Finch Road; the proposed accesses off Harris Terrace will reduce the impact off the proposal on traffic flow on Finch Road, and improve pedestrian provision by providing a contiguous footway and removing the conflict with vehicles crossing the footway."
"This site lies at the entrance to Mona Terrace Lane: this is the designated emergency services access route to the rear of the Manx Museum complex, which is a major public building housing irreplaceable national heritage collections and serves as the headquarters of MNH.
Whilst not objecting to the principle of the redevelopment of this site, we wish to draw attention to existing high levels of parking and traffic management issues in the vicinity, and suggest that the outcome of a successful scheme should include an improvement of these issues. This is particularly relevant in relation to the ease with which new traffic generated by the development might exit St Barnabas Hill.
At present the give-way at the foot of Christian Road, combined with the one-way nature of Finch Road south of this junction, results in a constant stream of traffic denying exit from St Barnabas Hill, particularly at the end of the working day. The replacement of the existing give-way on Christian Road with a stop line would slow traffic from this direction and would improve intermittent egress from St Barnabas Hill. It could also be said that pedestrians crossing Finch Road at this point also face some difficulty at peak times."
Highway Services have considered the application and offer specific comment (see 5.2) in respect of Highways Safety.
5.4 Whilst not a consultation, it is noted that the Arboricultural Officer has provided the agents with a comment on the existing tree on the site included as part of the application information. That comment is as follows: "I have visited the site at 39 Finch Road.
Most of the trees are sycamore scrub. This is of relatively little amenity significance and there is unlikely to be an objection from this Department to its removal if the site is developed. However, there is one mature sycamore (30 - 40 ft) of fairly good form on the Christian Road boundary near the wall and immediately adjacent to the Bank of Ireland car park entrance. DEFA would recommend that this tree be retained if possible as it provides a degree of visual amenity in a part of town in which tree cover is sparse."
The tree is to be retained in these proposals.
6.0 ASSESSMENT - 6.1 Of consideration here is whether the use of the building is appropriate, the impact of the building on the character of the Conservation Area, whether the obstruction to sea views from Christian Road would be harmful to the character of Christian Road and is the proposed level of off street parking appropriate, such that taken together these disadvantages outweigh the regeneration benefits of the proposal. - 6.2 As already sated in item 4.1 the application site is located within an area of "Mixed Use, Town Centre" as identified within the Douglas Central Local Plan, 1998, Map No.1 (Central Area). As such, the proposal for office accommodation therefore accords with the zoning in the Plan. - 6.3 In terms of justifying a need for such a development, the agents have included a comment from Black Grace Cowley, one of the Island's commercial Estate Agents on the recent trends in the economy and the need for such a development within Douglas. Some of those comments are outlined below:
"The market in Douglas has been relatively slow for the last 5/6 years reflecting the general economic downturn following the financial crises of 2007/2008."
"With no other speculative schemes due to start within the next six months, our advice to client has been to press on with the development at as early a date as possible"
6.4 Also of consideration is that this is an amended version of the scheme that was previously approved at Appeal in 2005. Whilst the Strategic Plan 2007 has come into place since the Appeal, there has not been any other significant legislative or policy change. - 6.5 The following policy is particularly pertinent in the assessment of the impact of the building upon the character of the Conservation Area:
Policy CA/2 - Special Planning Considerations states:
"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".
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."
6.6 With this in mind, the following is an assessment of the character of the Windsor Road Conservation Area, designated in September 2003. Whilst there is no specific reference to the site in the appraisal document, there are references to the nature of the character and the way in which this part of Douglas has developed, which can be considered to provide guidance in this instance: "3.0 ORIGINS, TOWNSCAPE AND CHARACTER
3.1 Upper Douglas is characterised by a number of small areas and distinctive neighbourhoods, which possess fine examples of terraced properties. It is a common feature that within such areas, a wide variety of house designs can be found and the influence of Georgian, Regency, Victorian, Edwardian, and Arts and Crafts Periods are all recognisable and this unique mix gives vibrance and vitality to the built fabric of the Island's Capital."
"3.3 From the mid nineteenth century onwards, impressive Victorian terraces gradually developed north of the main town centre and away from the busy, and heavily populated, harbour area. Many were arranged to both create and enhance frontal views, being laid out around green spaces and gardens. The approach to 'period' architectural styles adopted in the Island does not always take on a text book format in terms of design detail or expected dating: this again adds a Manx flavour to the resulting architecture such as is not found elsewhere."
The closest geographical areas identified in the Appraisal are the following which are to the north of the site and to the west of the site.
"Mona Terrace
4.22 This striking and very prominent terrace was laid out as fourteen plots in 1832, by Calcott Heywood. The designs vary from house to house, some owing much to the Regency style and the total composition is united by a sense of grandeur and order. Calcott lived with his sister in Clifton House at the north end of the terrace: this is now part of the Manx Museum. It is hope that Conservation Area designation will ensure the survival of this important and attractive group and encourage reinvestment in the building fabric. Albert Street, Mona Street and Christian Road
4.23 These wide streets orientated east-west, offer important vistas through to Finch Road and Douglas Bay beyond. The area was laid out from 1854 to the designs of John Robinson and they complete the disciplined formal layout of Victorian terraces which are judged worthy of designation in this locality. Some property owners have begun the painstaking restoration of long neglected buildings and the area is now beginning to show signs of this sense of neighbourhood. It is considered that Conservation Area status will encourage further upgrading and enhancement."
6.7 The context of the site is not solely of historic buildings, but also of the more recent developments adjacent to the site such as the former Bank of Ireland to the immediate west and the two storey building separating Mount Havelock and Finch Road is a relatively recent building from the early 1990's, which draws references from the Victorian in the immediate locale with painted rendered walls and dark slate roofs. - 6.8 The current building on the site is clearly of the 1980s, perhaps early 1990s in design and detailing, in unremarkable red clay brick, with polycarbonate roof lights on the flat roof to the rear. The portion of the building onto Finch Road and St Barnabas Hill has pitched roofs clad in a light grey profiled metal cladding. It is two storeys as it climbs Christian Road and the side elevation intersects with a rendered boundary wall. The building steps down to a single storey on Finch Road with the gable walls onto St Barnabas Hill being clad in vertical light grey profile metal cladding. - 6.9 The following excerpt from the Introduction to the Planning Policy Statement 1/01 is particularly pertinent in the consideration of an application for a replacement building within a Conservation Area:
"Where a building or site could sustain a degree of sensitive change, minds should be open to it .... particularly where there would be benefits in terms of urban regeneration."
The policy goes on to state that there would be a general presumption in favour of retaining buildings which make a positive contribution to the character or appearance of the Conservation Area.
6.10 It is considered that the existing buildings on the application site are of poor quality and have little or no architectural and historic value to warrant retention. It can be considered that the materials used, forms and massing are out of context with its immediate neighbours and the character of the Conservation Area as set out previously. Of consequence in the consideration of the proposals however, is that the building is low lying which offers views from the bottom of Christian Road and Mount Havelock toward Douglas Bay beyond. - 6.11 Turning to the proposed; the mass of the proposed has been manipulated by breaking up the volume into two distinct rectangular blocks set parallel to Finch Road, but that step up Christian Road toward the former Bank of Ireland. The rear block is one storey higher and this step in the building aids in its transition down the hill toward Finch Road. The entrance onto Finch Road is emphasised with a curved canopy and aligns with the head of Well Road Hill providing a visual 'stop' at this point. Office space would commence in the second element at first floor level of the building as a whole, corresponding to street level at the rear of the second element. - 6.12 The height of the ground floor windows and apparent scale of the ground floor over those above is a further architectural mechanism to provide the building with a firm base, typical of classical buildings and Victoriana. - 6.13 The use of portrait format windows, light painted render with horizontal string courses assist in its integration with its Victorian neighbours. The dark coloured roof appears to float over the masonry walls and this roofscape is not punctuated by plant or lift overruns. - 6.14 The breakdown of the volume of the building with projections aids in lessening the visual mass of the building and doubtless owes some reverence to its immediate neighbour to the West, the former Bank of Ireland. - 6.15 The proposed building is taller than that currently on the site, but the proposals need to be considered within their context as covered in items 6.4 and 6.5 above. The architectural
"With regard to the scale and massing, it was important to bear in mind that for a building on a difficult but prominent site, there had to be sufficient lettable space to justify the use of high quality finishes appropriate to the position of the building. Reduction in scale of the building would inevitably lead to compromises in quality."
"The present use of the site however makes no contribution to either, and detracts from the character of this part of the town. Whilst the policies developed over the years are of little help in the deciding the future of the site, it is my view important that redevelopment is undertaken to regenerate the site, so that it makes a contribution to the vitality of the town."
All in all, it is considered that the proposed is an enhancement in architectural terms over the existing building on the site and integrates with its historic neighbours and in so doing, makes better use of the site than the existing building and is an improvement on the previously approved scheme and in so doing, complies with Strategic Policy 1 and Environment Policy 43.
6.17 As regards the disruption of views of the sea from Christian Road, the Appeals Inspector considered the following:
It is considered, that the quality of design of the proposed and the view of the open car park is such as to outweigh the significance of the loss of views of the sea from the end of Christian Road and Mount Havelock.
6.18 The application provides 28 parking spaces over the lower ground floor and upper ground floor onsite parking to the lower ground and upper ground accessed from two external ramps off St Barnabas Hill (annotated Harris Terrace on the application drawings). The proposed development has a floor-space of 2053sqm which using the 'Offices' parking standards of 1 space per 50 sqm as set out in Appendix 7 of the 2007 Strategic Plan, results in a requirement for 41 spaces, a shortfall of 13 car parking spaces. - 6.19 The applicants have drawn attention to Appendix 7 of the Isle of Man Strategic Plan, which does allow for a relaxation of the parking requirement for the following reasons:
With the exception of paragraph a, the applicants consider the proposal would comply with the three other paragraphs. They have considered reducing the office floor area of the ground floor substituting the area for additional parking. However, they felt such solution would be detrimental to the aesthetic requirements of the conservation area and would present a low quality frontage to Finch Road. They consider that an office frontage to Finch Road is most important to achieve a vibrant, attractive and active public realm presentation. Furthermore it is also important commercially for the public presentation of office to Finch Road.
6.20 It is agreed that provision of additional parking to the ground floor would detract from the character and quality of the conservation area and to the individual building, which is of a high design and quality. Further to this, given its town centre location and therefore the likelihood of employees walking to work, its location within the Windsor Road Conservation Area, the provision of bicycle parking on site (applicants have also indicated that motorcycle parking can be provided in lieu of car parking), its proximity to Chester Street Car Park and Public Transport - with major bus routes located on the Promenade and on Prospect Terrace, this shortfall is considered to be mitigated. It should also be noted that the existing building, which is used partially by a removals/storage company and partly used until recently as a music showroom, both would/do require off road parking provision. Currently the site has a total of 3 / 4 off road parking spaces and therefore very unlikely to meet the required parking standards for the current size and use of the buildings. Furthermore, when parking in the 3 / 4 spaces which front onto Finch Road, a person would need to either reverse in or reverse out onto Finch Road, close to the junction with Christian Road. This is not an ideal situation in terms of highway safety. Therefore, it is considered the existing site does not provide sufficient or safe off street parking spaces. Overall, it is considered the proposal would meet three of the reasons where a possibly relaxation of parking standards as listed within Appendix 7. - 6.21 It is noted that Highways Services consider that "the proposed accesses off Harris Terrace will reduce the impact off the proposal on traffic flow on Finch Road, and improve pedestrian provision by providing a contiguous footway and removing the conflict with vehicles crossing the footway." In so doing, it is considered that there are no highways safety issues and in so doing, complying with Strategic Policy 10.
7.0 CONCLUSION: - 7.1 In conclusion, it is considered that these proposals for the demolition of the existing buildings and associated boundary walls and the construction of an office building with basement parking are an enhancement to the site and would not have a detrimental impact upon the character and appearance of the Windsor Road Conservation Area and in doing so, is considered to comply with Strategic Policies 1, 4, 5, 6 and 10, General Policy 2, Environmental Policies 35, 42 and 43 as well as Business Policies 7 and 8 from the Isle of Man Strategic Plan 2007 (20th June 2007) and Policy CA/2 of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) and is therefore correspondingly acceptable.
8.0 RECOMMENDATION: - 8.1 For the reasons set out in the report above, this application is considered to be acceptable and is recommended for approval.
9.0 PARTY STATUS: - 9.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest
in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, or any other person in whose interest the land becomes vested, as their comments have been deemed material;
Highway Services, Manx National Heritage and Douglas Borough Council in whose district the land the subject of the application sits.
9.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure) (No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: Manx Utilities Authority - ELECTRICITY
Recommendation
Recommended Decision: Permitted
Date of Recommendation:
15.09.2014
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval
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.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
the occupation of the office, whichever is the sooner. 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.
Reason: To ensure the provision of an appropriate landscape setting to the development.
This approval relates to Documents: 'Architectural Commentary', 'Planning Statement', 'Commercial Statement from Black Grace Cowley (letter to O+W dated 3 July 2014)', 'Comments of Douglas Chalk, Arboricultural Officer' and Drawing Numbers: (P-)00 'Site Location Plan', (P-)01a 'Site Layout Plan', (P-)02a 'Lower Ground Floor Plan', (P-)03a 'Upper Ground Floor Plan', (P-)04a 'First Floor Plan', (P-)05a 'Second & Third Floor Plan', (P-)06a 'Fourth & Roof Plan', (P-)07b 'Elevations', (P-)08 'Sections', (P-)09a 'Coloured Site Elevations', (P-)10 'Site Context Plan', (P-)11 'Sections', (P-)12 'Site Survey Drawing', (P-)13 'Site Survey Highlighting Existing Building', '5370-L-101 'Landscape Proposals', A3 document entitled 'Architectural Commentary to accompany a Planning Application', all date stamped 8 July 2014.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date : 29th September 2014 Signed : C Balmer & S Moore Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
NO
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