23 February 2022 · Committee
The Sayle Gallery, 1-3, Villa Marina Arcade, Douglas, Isle Of Man, IM1 2hn
This application sought permission to convert three single-storey retail and leisure units at Villa Marina Colonnade, 1-3 Harris Promenade, Douglas, into a restaurant. The colonnade forms part of the Villa Marina Complex and features a covered walkway open to the seaward side, supported by pairs of Doric columns. The application was refused on 23 February 2022. The decision found that the proposed works, including contemporary design elements and the enclosure of part of the covered walkway, would harm the character and appearance of the Conservation Area. The enclosure was also considered to diminish an important part of the existing public realm, which is specifically protected under the Area Plan. Parking provision and public amenities were also identified as key issues in the officer's assessment.
The application was refused by the Department of Environment, Food and Agriculture. The decision centred on the harm the proposed conversion and associated enclosure would cause to the character and appearance of the Conservation Area. The contemporary elements were considered incompatible with the classic architectural style of the colonnade, and enclosing part of the covered walkway would disrupt its continuous appearance and reduce an important part of the existing public realm.
Refusal Reasons
Principles of Developments
Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas
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.
Conservation Areas
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area
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.
Conservation Areas
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS 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.
Identification of the Special Character
POLICY CA/1 IDENTIFICATION OF SPECIAL CHARACTER It is the quality and interest of areas, rather than that of individual buildings which should be the prime consideration in identifying conservation areas. Features such as:- • The historic street pattern and definition of property boundaries; • A particular mix or variety of uses; • The use of materials or styles local to the particular area, or the island; • The quality of "period" architecture; • The quality and detail of contemporary buildings; • The survival of building types or features, such as shop fronts, street furniture, decorative ironwork; • The presence and form of hard and soft landscaping; • The quality of enclosure, spaces between buildings and vistas along streets; • The presence of green open spaces and trees as "breathing spaces"; • The presence of water in the landscape: this might be in the form of a stream, river, weir or waterfall, dub or pond, lake, estuary, harbour or coastline. Other physical features, not listed above, may also make a major contribution to the over all interest of a locality. Conservation area designation should take account of and recognise the wide variety of qualities, including the historic development of the neighbourhood, which can all serve to be important in making up the unique and special character of an area. There are at present ten conservation areas in the Island and whilst Registration focuses on the merits and protection of individual buildings, conservation area designation is the main means whereby the special architectural quality or local character of an area may be preserved and enhanced for our present enjoyment and that of generations to come.
