Officer Report

Application No.: 14/00946/B Applicant: Kirindolan 1 Limited Proposal: Conversion of existing office accommodation to an apartment Site Address: Clinches Tower Clinches Court Douglas Isle Of Man IM1 4LJ Case Officer : Mr S Moore Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The site is the curtilage of Clinch's Tower located on the corner of the North Quay and Bank's Hill, Douglas. - 1.2 The Tower is four stories high, with a fifth storey located within the roof space. The Tower is built in random rubble stonework, with a gable onto the quayside and a dark grey slate pitched roof gable end onto the Quayside. This is the only remaining part of the former Clinch's Brewery complex and is a Registered Building (RB 78), added to the Protected Buildings Register on the 29th March 1985. The remainder of the site is located within the North Quay Conservation Area designated in 1990.

2.0 THE PROPOSAL - 2.1 The application seeks planning approval for the conversion of the existing office accommodation to an apartment.

3.0 PLANNING HISTORY - 3.1 There have been many applications on this site, but the following previous applications are considered to be specifically material in the assessment of the current application:

14/00592/CON - Registered Building consent for the installation of illuminated and nonilluminated signage (in association with 14/00591/D) Registered Building Nos. 78 - Application Permitted

08/01789/CON - Registered Building Consent for the conversion of existing second, third and fourth floor residential accommodation to offices (Registered Building no 78, in association with 08/01788GB) - Application Permitted

92/01441/C - Change of use from office accommodation to beauty therapists, 10A Clinch's development, North Quay, Douglas - Application Permitted

87/00251/B - Provision of two additional residential units, one in top level of tower and one over service archway, Clinches Brewery Site, North Quay, Douglas - Application Permitted

86/01074/A - Approval in principle to part demolish, construct and conversion into restaurant, shops, offices and car park, Clinches Brewery, Douglas - Application Permitted

4.0 PLANNING POLICY - 4.1 The site is identified as being within a "Mixed Use - Town Centre" Map 1 (Central) within the Douglas Local Plan 1998. - 4.2 As the Tower is a Registered Building (RB 78), added to the Protected Buildings Register on the 29th March 1985 and is located within the Douglas North Quay Conservation Area designated in 1990, the relevant planning policies from the Isle of Man Strategic Plan 2007 (20th June 2007), are Strategic Policies 1 and 4, General Policies 1 and 2, Environment Policies 32, 33 and 35 and Policies RB/3, RB/4, RB/5 and CA/2 of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man). Strategic Policy 1 states: "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." 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.'

• General Policy 1 states:

'The determination of matters under Part 2 (Development Control) and Part 3 (Special Controls) of the 1999 Town and Country Planning Act shall have regard to the provisions of the Development Plan and all other material considerations.'

• General Policy 2 states:

"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."

• 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."

• Environment Policy 33 states:

"The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest."

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."

• Policy RB/3 General Criteria applied in considering Registered Building Applications states:

"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;

• o 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;
• o 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)."

• Policy RB/4 - USE states:

"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."

• Policy RB/5 - Alterations and Extensions states:

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

Policy CA/2 - Special Planning Considerations as set out within Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man 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."

5.0 REPRESENTATIONS - 5.1 The Department of Infrastructure Highways Services Division 'do no oppose'.

- 6.1 ASSESSMENT

6.1 The application seeks planning approval for the conversion of the existing office accommodation to an apartment. - 6.2 The Tower currently houses office space and associated ancillary toilets. - 6.3 The proposals to the Second Floor create a kitchenette in the area currently used as a toilet and associated Lobby via the blocking up of a door and removal of a partition. All partitions etc on this floor are modern and were installed as part of relatively recent

• alterations to form the offices. As a result, the proposals do not have an impact upon the character of the Registered Building.
• 6.4 The proposals to the Third Floor create a pair of Bedrooms via the sub-division of a former office facing onto the quayside and the removal of modern units including a sink. The existing lobby/toilet is amended via the alteration of partitions, blocking up of doors and formation of a new doorway. As with the Second Floor, all partitions etc on this floor are modern and were installed as part of relatively recent alterations to form the offices. As a result, the proposals do not have an impact upon the character of the Registered Building.
• 6.5 The proposals to the Fourth Floor create a Study/Bedroom essentially via the removal of the water tanks and the blocking up of the access doors. There appear to be no other physical changes to this floor.
• 6.6 The works are in a long line of applications that seek to alter the layout of the interior of the Tower. As a result of this, there is very little of the original fabric left save perhaps, or the walls and floors and it is entirely likely that the floor structure has similarly been compromised as this was often the case in works carried out during the 1980s on the Island. As a result of this, proposals such as those in this application seldom have an impact upon the character of the Registered Building which in this case, can be considered to be the exterior only.

6.10 In conclusion, the conversion of The Tower from office use to residential use is not considered to have a detrimental impact upon the character of the Registered Building and the Douglas North Quay Conservation Area within which it is located. The proposals are considered to accord with Strategic Policies 1 and 4, General Policies 1 and 2, Environment Policies 32, 33 and 35 from the Isle of Man Strategic Plan 2007 (20th June 2007) and Policies RB/3, RB/4, RB/5 and 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 considered acceptable. - 7.0 RECOMMENDATION

7.1 For the above reasons the application is considered to be acceptable and is recommended for approval. - 8.0 PARTY STATUS:

8.1 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, and Douglas Borough Council in whose district the land the subject of the application sits.

Recommendation

Recommended Decision: Permitted

Date of Recommendation:

10.09.2014

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal
• O : Notes attached to refusals

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.

This approval relates to Drawing No. HLK/14/122 1 'Internal Alterations and Change of Use from Offices into APARTMENT AT The Tower', 'HLK/14/122 5 'Block Plan', HLK/14/122 6 'Location Plan' all date stamped 07 Aug 2014.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.

Decision Made : Permitted Date : ………11/9/14…………….. Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed :……………M Gallagher Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management