DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/01434/B Applicant: Palace Hotel And Casino Proposal: Creation of enlarged bar area with external terrace Site Address: Palace Hotel And Casino Central Promenade Douglas IM2 4NA Planning Officer: Hamish Laird Photo Taken: 10.07.2024 Site Visit: 10.07.2024 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 23.07.2024

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions 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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason.

The proposed development to create an enlarged bar area with external terrace would be appropriate to the style of the building and would not cause any unacceptable harm to the Conservation Area. The proposal, therefore, complies with Policy GEN2 b) c) e) g) h) and i) and Policies ENV23, T4 and T7 of the Isle of Man Strategic Plan 2016. A recommendation of approval is made.

Plans/Drawings/Information;

The development shall be carried out in full accordance with the following drawings and details:

• Drawing No. 01A - Location Plan;
• Drawing No. 02 - Existing and Proposed Site Plans; Drawing No. 11A - Proposed First floor Plan; Drawing No. 15 - Existing and Proposed Section; Drawing No. 21A - Proposed Front Elevation;

All date-stamped received 28 December, 2023. ____________________________________________________________

Interested Person Status

Additional Persons

None. _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is the Palace Hotel, Central Promenade, Douglas. The Palace Hotel is a mid 20th century hotel building with its architecture reflective of that time. The building has five storeys and is a concrete structure with flat roof. It has large areas of glazing at the front which has a two storey projecting section. As well as a hotel, the building also comprises a nightclub and casino. The site of the proposed development within the hotel/casino complex is the north-western corner facing the seafront to the south-east with a return frontage facing north-east and Palace View Terrace. This comprise the Shearwater Suite function room which have a projecting section which steps forward of the rest of the frontage and with recessed windows and a white horizontal fascia above.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the creation of enlarged bar area with external terrace. The works would be carried out as part of the Shearwater Suite at first floor level facing the seafront. The external seating area would space for at least 20 covers with sofa seating. A glass balustrade would screen the area when viewed from the Promenade, with a slight return frontage onto Palace View Terrace. - 2.2 The submitted Design and Access Statement advises: "4.0 The Proposal

4.1 Proposed are alterations to the northern part of the front facade - that serving the Shearwater Suite and in particular the northern section of the window. What is proposed is the removal of approximately two thirds of the windows and the erection of a new front wall set back into the room behind to create a terrace area. The new wall will incorporate two sets of seven bi-fold doors and the new terrace will have a glazed balustrade. The terrace will sit within the existing side walls so that the side elevations will remain as existing. - 4.2 This new terrace will serve as an extension to the room behind which is used as a bar/ lounge which will also be refurbished. - 4.3 The remaining windows in this section of the building will remain and the space behind them will be used in association with the restaurant alongside, separate from the lounge/bar which will be served by the new terrace."

3.0 PLANNING HISTORY - 3.1 There are a number of previous planning applications; however, only the following is considered relevant in the assessment and determination of this application: - 3.2 24/00717/D Installation of digital advertising screen - pending consideration. - 3.3 17/01313/D - Installation of signage - Permitted - 31.01.2018 - 3.4 Installation of replacement advertising signage for Gala Group Ltd (Conservation Area) 05/00996/D - APPROVED - 3.5 Alterations to hotel frontage including new signage - 97/01187/B - APPROVED - 3.6 Erection of advertising signs - 96/01948/D - APPROVED

3.7 Provision of advertising sign - 96/00422/D - APPROVED - 3.8 Installation of advertising signs - 95/00812/D - REFUSED - 3.9 Erection of advertising hoardings and fencing - 95/00811/B - REFUSED

4.0 DEVELOPMENT PLAN POLICIES - 4.1 The site is designated as The area is zoned as "Tourism" under the Douglas Local Plan

1. The site is within a Conservation Area.

4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan contains a number of policies that are considered specifically material to the assessment of this current planning application: - 4.3 Strategic Policies 3, 4 and 5 of the IOMSP require that

• SP3 - Proposals for development must ensure that the individual character of our towns and villages is protected or enhanced by: (b) having regard in the design of new development to the use of local materials and character and
• SP4 - In part - Protect the character and appearance of Conservation Areas and protect or enhance the landscape quality and nature conservation value of urban as well as rural areas
• SP5: "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 General Policy 2 (part) states: "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:

• (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;

• (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;

• (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."

4.5 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." - 4.6 Environment Policy 42 states: "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."

5.0 CONSULTATIONS - 5.1 Douglas Borough Council - no comments had been received by the Report drafting stage (on 23/7/24). - 5.2 DOI Highway Services 23/01434/B - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking. (5/1/24).

6.0 ASSESSMENT - 6.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of the Conservation Area and the individual property. - 6.2 The Planning Authority has a duty to determine whether such proposals are in keeping with not only the individual building, but the special character and quality of the area as a whole. With this in mind it is very relevant to consider Environment Policy 35 of the Isle of Man Strategic Plan (adopted June 2016). This policy indicates that development within Conservation Areas will only be permitted if they 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. - 6.3 This site and building is somewhat different to the appearance and style of the majority of the Promenade buildings, being of a 1960s/70's styled building which has a totally different approach and finish to the traditional Victorian seafront properties. The proposal concerns works to the first floor of the building facing the sea front and its slight return frontage onto Palace View Terrace. This involves the creation of an enlarged bar area with external terrace as part of the existing floorspace of the Shearwater Suite at first floor level facing the seafront. This area is presently enclosed as part of the existing structure. The 'opening up' of the structure through the removal of the existing glazed first floor façade would create an external seating area which would be screened by a glass balustrade allowing open views of the Promenade and Irish Sea beyond. There would be a slight return of the area onto the Palace View Terrace frontage. - 6.4 It is considered that the opening up of this element of the first floor frontage would be acceptable. The creation of the open terrace with glass balustrade screen would assist in breaking up and adding visual interest to the front, and most public elevation, of the building. It would also enhance the facilities offered by the venue. The open terrace would remain 'open' at all times, whether used or not according to the season. It is considered that it would be weatherproof. - 6.5 The visual impact of the proposals and their impact on the character and appearance of the Conservation Area are considered to be acceptable and accord with the provisions of Policy GEN2 b) c) and e) and Policies ENV35 and 42 of the Isle of Man Strategic Plan 2016. Other matters - 6.6 The would be no adverse impacts arising from the proposed development in respect of neighbours residential amenities - the site is separated from adjoining residential seafront properties by Palace View Terrace and the site area forms part of a larger hotel/casino structure with no neighbouring residential properties forming part of the block. There are no highway safety issues arising from the proposed development. This accords with the provisions of Policy GEN2 g) h) and i) and Policies ENV23, T4 and T7 of the Isle of Man Strategic Plan 2016.

7.0 CONCLUSION - 7.1 Overall, the proposed development to create an enlarged bar area with external terrace would be appropriate to the style of the building and would not cause any unacceptable harm to the Conservation Area. The proposal, therefore, complies with Policy GEN2 b) c) e) g) h) and i) and Policies ENV23, T4 and T7 of the Isle of Man Strategic Plan 2016. A recommendation of approval is made.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 24.07.2024 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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