24 July 2024 · Delegated
Palace Hotel & Casino, Palace Buildings, Central Promenade, Douglas, Isle Of Man, IM2 4na
The application sought permission to enlarge the bar area and create an open external terrace as part of the Shearwater Suite at first floor level of the Palace Hotel and Casino, a mid-twentieth century five-storey concrete building on Central Promenade, Douglas. The site sits within a Conservation Area and is zoned for tourism use. The key planning issue was whether the works would harm the character and appearance of the Conservation Area and the building itself. Officers assessed that opening up the first floor frontage and introducing a glass balustrade screen to the terrace would add visual interest to the most publicly visible elevation of the building, rather than causing harm. Highway Services confirmed no significant negative impact on highway safety or parking. The proposal was approved by delegated decision, with one condition attached to avoid the accumulation of unimplemented permissions.
The enlarged bar and external terrace were considered appropriate to the style of the building and would not cause unacceptable harm to the Conservation Area. The glass balustrade terrace was judged to add visual interest to the principal public elevation. No highway safety concerns were raised, and the proposal complied with the relevant policies of the Isle of Man Strategic Plan 2016.
General Policy 2
complies with Policy GEN2 b) c) e) g) h) and i)
Environment Policy 23
Environment Policy 23: When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours. 7.18 Environmental Impact Assessment(1) 7.18.1 Environmental Impact Assessment (EIA) is an important procedure for ensuring that the likely effects of new development on the environment are fully understood and taken into account before the development is allowed to go ahead. It is a process by which information about the likely environmental effects of certain types of development is collected, assessed and taken into account by the developer (as part of project design) and by the planning authority (in determining the acceptability of the application). In cases w here developments are likely to have significant environmental effects, whether public or private, by virtue of their nature, size or location, EIA's will be required and the general principles set out in Appendix 5 should be followed. 7.18.2 For some types of development, EIA's will be required in every case, whilst other development will only require an EIA if the particular project is judged likely to give rise to significant environmental effects. Where development does not fall wit hin these categories, (1) Environmental Impact Assessment is defined in Appendix 1 but still has a significant effect on the environment, the Department will require suitable supporting environmental information. The main criteria for judging significance are as follows: i. major developments which are of more than local importance; ii. developments which are proposed in particularly environmentally sensitive or vulnerable locations; iii. developments with unusually complex and potentially hazardous environmental effects. 7.18.3 A Planning Policy Statement will be issue d specifying the manner in which the Department intends to deal with applications which should be subject to EIA. Pending the adoption of the proposed Planning Policy Statement the Department will adopt current practice on EIA's from England and Wales set out in the publication "Environmental Impact Assessment: A Guide to Procedures" (1).
Transport Policy 4
Parishes which are examined in more detail later in the document. A key factor in the formulation of the Spatial Vision has been consideration of the findin gs of the Landscape Character Assessment4; an Island-wide Study undertaken in 2008.
Transport Policy 7
Environment Policy 35
accord with the provisions of Policy GEN2 b) c) and e) and Policies ENV35 and 42
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.
Strategic Policy 3 - To respect the character of our towns and villages
Strategic Policies 3, 4 and 5 of the IOMSP
Strategic Policy 3: Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (a) avoiding coalescence and maintaining adequate physical separation between settlements; and (b) having regard in the design of new development to th e use of local materials and character. 4.3.4 Most of our built heritage, our countryside, our coastline and our natural environment is of attraction, value and interest. Surveys commissioned by Government on the quality of life and the importance of heritage in the Isle of Man and internationally, have consistently shown that the historic landscape setting of the Isle of Man scores as t he single most significant factor for residents and visitors in supporting the concept of a specific and positive Manx identity. This "heritage identity" is a result of the combination of a rich diversity of historic sites and monuments, historic building s and residential settlements and a specific range of natural history attributes set within a predominantly rural landscape setting which links modern life to a sense of historic legacy and beauty, the retention of which is strongly supported by Government and the resident community. 4.3.5 The landscapes of the Island are very varied, and their nature and variety is the consequence of thousands of years of interaction between the natural and cultural aspects of the Island through human activity within the enviro nment and an innate respect for the natural and historic qualities they represent. 4.3.6 This landscape heritage is more than simply the sum of its parts. The combination of geology, geomorphology, wildlife, archaeology, history, traditional buildings and the natural settings for traditional activities and customs, combine in the rural and built environment to provide an inseparable element of "Manxness". It provides an overarching context which makes the landscapes of the Isle of Man unique and gives them the value which is acknowledged by those who live here and those who visit. The protection and promotion of this element within Manx society is an important element in central Government policy and the Strategic Plan, which both support the view that these v alued characteristics of the Isle of Man be acknowledged and protected for the future from inappropriate development. 4.3.7 This protection will apply to areas of heritage value, to sites of heritage value and to general traditional landscape settings within the Island which are deemed to contribute to the sense of the Island's heritage identity. Heritage landscape value will therefore be a consideration in all aspects of planning, with a view to retaining and enhancing this value wherever possible.
Strategic Policy 4
Strategic Policies 3, 4 and 5 of the IOMSP
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.
Spatial Policy 5
Strategic Policies 3, 4 and 5 of the IOMSP
Strategic Policy 5: 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 account of the Strategic Aim and Policies. 4.4 Economy 4.4.1 The Spatial Strategy identifies the Major Employment Areas around the Island. While the majority of business and employment is focused around the Douglas Metropolitan Area, there are other major employment areas at Castletown, the Airport/Freeport, Peel, Ramsey and Jurby. The Department considers the distribution of employment areas provides a spread of employment opportunities around the Island. While recognising the opportunities for small scale local employment within existing centres it is considered new employment should, in the main, be concentrated within existing settlements or those major employment areas referred to in the Island Spatial Strategy and illustrated on the Key Diagram. Existing Local and new Area Plans will provide detailed boundar ies for these areas. From time to time Government may judge it appropriate to offer financial incentives to encourage economic activity or investment in particular parts of the Island.
Environment Policy 42
accord with the provisions of Policy GEN2 b) c) and e) and Policies ENV35 and 42
Environment Policy 42: 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 re moval 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. 7.35 Urban Regeneration 7.35.1 Within some of the large r towns on the Island, there are areas which are showing signs of deterioration and degradation. Often these areas are characterised by older housing stock, (1) Infill development is defined in Appendix 1 (2) Backland development is defined in Appendix 1 (3) Tandem development is defined in Appendix 1 limited investment, empty and underused buildings, derelict sites and generally poor environments. As a result these areas can suffer from economic, environmental and social problems which need tackling holistically to stem the process of decline and to encourage regeneration. Areas which are considered to be in need of regeneration should be identif ied 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. The Department also supports, in general, environmental improvements to our towns and villages.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Installation of digital advertising screen
relevant in the assessment and determination of this application
Installation of signage
relevant in the assessment and determination of this application
Installation of replacement advertising signage for Gala Group Ltd (Conservation Area)
relevant in the assessment and determination of this application
Alterations to hotel frontage including new signage
relevant in the assessment and determination of this application
Erection of advertising signs
relevant in the assessment and determination of this application
Provision of advertising sign
relevant in the assessment and determination of this application
Installation of advertising signs
relevant in the assessment and determination of this application
Erection of advertising hoardings and fencing
relevant in the assessment and determination of this application