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Application No.: 21/00827/B Applicant: Dazan Ltd Proposal: Conversion from a retail/leisure to a restaurant (class 1.3) Site Address: Villa Marina Colonnade Unit 1-3 Villa Marina Arcade Douglas Isle Of Man IM1 2HN Planning Officer: Mr Peiran Shen Photo Taken: 10.08.2022 Site Visit: 10.08.2022 Expected Decision Level: Planning Committee Recommended Decision: Refused Date of Recommendation: 11.02.2022 _________________________________________________________________ Reasons for Refusal R : Reasons for Refusal O : Notes attached to reasons R 1. This application would negatively impact the character and appearance of the Conservation Area due to its contemporary elements against the classic architectural reference of the colonnade. The enclosure would also disrupt the continuous appearance of the covered walkway, which would also negatively impact the character and appearance of the area but also diminish an important part of the existing public realm, which is protected by section 7.6 of the Area Plan.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Owners/Occupiers of Unit 4 Villa Marina Arcade, Harris Promenade, Douglas; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Owners/Occupiers of 13 Victoria Terrace, Douglas; Owners/Occupiers of 24 Alderley Close, Douglas; Owners/Occupiers of Apartment 1 Hillary Wharf, South Quay, Douglas;
Owners/Occupiers of Claremount, Old Castletown Road, Douglas; Owners/Occupiers of Furnlea, 2 Furman Close; Owners/Occupiers of 16 Hampton Grove, Douglas; Owners/Occupiers of Tree Tops, St Ninians Road, Douglas; Owners/Occupiers of Fuchsia House, 6 Springfield Terrace, Douglas; Owners/Occupiers of 34 Thorny Road, Douglas; Owners/Occupiers of Isle of Man Victorian Society, 52 Alberta Drive, Onchan; Owners/Occupiers of 49 Derby Square, Douglas; Owners/Occupiers of 95 Malew Street, Castletown; Owners/Occupiers of Traa Dy Liooar, 1556 Gulberry Place, The Villages, Florida, 32163, USA; Owners/Occupiers of "Sonnish ny Marrey", 9 Victoria Park, Douglas.
as they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. _____________________________________________________________________________
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE BY THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT.
1.0 THE SITE - 1.1 The site is the commercial curtilage of Villa Marina Colonnade, 1-3 Harris Promenade, three single-storey units located on the south of Harris Promenade. It is close to Villa Arcade and the frontage is part of the Villa Marina Colonnade. The units are vacant at the moment. - 1.2 The Colonnade forms part of the Villa Marina Complex, which includes the arcade. This development dates back to the early 20s century and has subsequently undergone renovation and improvements. - 1.3 The Colonnade provides a covered walkway. It is open to the seaward facing side and supported by pairs Doric columns. It also provides shelter to the shop units, which face the inner side of the Colonnade.
2.0 THE PROPOSAL - 2.1 The proposed is the change of use to a restaurant with a bar (Use Class 1.3). - 2.2 The restaurant is planned to open between 9 a.m. and 1 a.m. everyday. - 2.3 The proposal also includes alterations to the colonnade. These include the erection of two artificial plant wall with glazed double doors on each end of the unit and the installation of bi-fold doors right behind the columns across the three units. The bi-fold doors will have thin aluminium frame with glazing on top of the doors. There will be tables and chairs alone the colonnade with a walkway left in the middle for both the restaurant users and the general public. - 2.4 During a meeting with the applicant and the agent, it is indicated that the bi-fold door will be closed outside the operation hours of the restaurant (1 a.m. - 9 a.m.). The applicant has stated that this is to protect the equipment from anti-social behaviour or criminal damages. - 2.5 There will also be commercial refrigerators placed on the outside of the rear elevation of the units.
3.0 Planning History - 3.1 There is no previous application considered materially relevant to this application.
4.0 Planning Policy Site Specific - 4.1 The site is within an area designated as Mixed Use (Villa Marina Gateway) in the Area Plan for the East. The site is also within a Proposed Comprehensive Treatment Area (Villiers). Area Plan - 4.2 The written statement of the Plan states: "In order to maintain and enhance the vitality and attractiveness of the area, there will be a presumption in favour of (i) the retention of cultural and entertainment venues, (ii) the establishment of new entertainment and leisure venues, plus supporting food and drink uses. Development which conflicts with these uses will generally not be supported." - 4.3 Section 6.7 of the Statement defines public realm as: "publicly accessible areas between buildings; the streets, paths, squares and parks that people use and move through on a dayto-day basis." - 4.4 Paragraph 6.7.2 states: New and redeveloped elements of public realm must be designed to reinforce or complement the distinctive character of the local area and to ensure that they are attractive, safe, accessible and well connected to their surroundings. - 4.5 Urban Environment Proposal 2 states: "All new development and regeneration proposals within the Comprehensive Treatment Areas and Douglas Town Centre must demonstrate design elements to provide and enhance areas of public realm through sensitive and context-specific design." - 4.6 Paragraph 13.7.1 of states that within the area: "Re-development of the wider area would not be discounted, although where existing buildings are attractive and have a sound fabric, they should be incorporated into any wider scheme." - 4.7 CTA Proposal 1 - The Villiers (Treatment Plan) states: "Development of this area shall include office, leisure, retail, hotel, residential, entertainment venues, food and drink uses and public open space or a combination thereof; or the laying out of the site as public open space/town square in its entirety." Planning Constraints - 4.8 The site is within the Douglas Promenade Conservation Area. - 4.9 The site is not overlapping with a public right of way and is just outside the flood risk area. Strategic Policy - 4.10 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: Principles of Developments - 4.11 Strategic Policy 4 states: "Proposals for development must:
4.12 Strategic Policy 5 states: "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."
4.13 General Policy 2, which provides an overall requirement for all development, 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:
Visual Design
4.14 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." This is reiterated in CA/2 of the PPS 1/01. Business - 4.15 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan." Parking - 4.16 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards." - 4.17 Appendix 7.6 states that for town centre shops, there should be space for Space for service vehicle use. - 4.18 For Assembly and leisure use, there should be one space for every 15 square metres of gross floor space. Others - 4.19 Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regards to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes." - 4.20 Infrastructure Policy 5 particularly states that "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources." PPS and NPD - 4.21 Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man is the only adopted PPS at the moment. It provides supplementary policy on developments within any conservation area.
4.22 POLICY CA/1 Identification of the Special Character states that "It is the quality and interest of areas, rather than that of individual buildings which should be the prime consideration in identifying conservation areas." It also lists some features that are likely to make a major contribution to the overall interest of an area.
5.0 OTHER MATERIAL CONSIDERATIONS Legislation - 5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". Other Material Considerations - 5.2 The Douglas Promenade Conservation Area Character Appraisal states (page 18) that "Structural problems with the original colonnade walkway have resulted in a replicate of the original design, set back from its original building line to enable better traffic circulation." - 5.3 The appraisal also states that "The group of buildings which make up the frontage of Harris Promenade area unique and provide a rich and varied architectural statement, justly deserving Conservation Area Status." - 5.4 Central Douglas Masterplan 2014 has project proposals for the area. The future role of the area was set as "Early evening hub". Short term project VM1 states: "The Villa Marina Arcade will focus on food and drink to support early evening activity and flexible letting to enable small boutique /craft workshop start -up business." - 5.5 Short term project VM3 states: "Increase activity interface with the Colonnade and Villa Marina gardens." The explanatory notes states: "The complex offers little interaction with the Gardens, there is opportunity for activity to spill out into the Gardens, and for the Arcade to drive footfall through to the Garden space. This would be beneficial to both operators within the Arcade but also generate activity within the Garden space." - 5.6 The site is not overlapping with any adopted highway (ownership/authority is not a material consideration).
6.0 REPRESENTATION This section provides a summary of all representations received. Full details are available on the government website. - 6.1 Douglas Borough Council object to this application (13.09.2021). The comment considers that the proposal does not respect the site or its surrounds, will have an adverse effect on the character of the area and will adversely affect the local residents and the character of the locality - 6.2 DoI Highway Services does not oppose this application (11.08.2021). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking. - 6.3 The Principal Registered Building Officer wrote in objection to this application (27/09/2021). The comments states that the colonnade was built as part of the Villa Marina Amendment Bill of 1929. The proposal will "result in an intrusive visual disruption to the rhythm and appearance of the Colonnade." Therefore, it would be a negative visual impact upon the Conservation Area that will neither preserve nor enhance its character or appearance. - 6.4 Department of Education, Sport and Culture wrote in as the owner of the site (20.09.2021). The comment states that a condition would be attached to any lease which
6.6 The representations which include material planning considerations can be summarised (in no particular order) as the following:
6.7 The points made from the above representations which would not be a material consideration in planning terms can be summarised (in no particular order) as the following:
6.8 Along with these considerations, many comment also questioned the accuracy of the site notice and content of the application form.
7.0 ASSESSMENT Point of Clarification - 7.1 Highway Services has confirmed that the site DOES NOT overlap with either any adopted highway (referred to as public highways/road in many comments) nor a part of a public right of way. The legality of public usage/right of public usage of the colonnade part of the site is a civil matter and is not within the legal capability of planning. The legality of public usage/right of public usage of a site is also not a material consideration in a planning
7.2 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve or protect the character of the Conservation Area. - 7.3 The change of use element does not affect the character of the Conservation Area. - 7.4 The enclosure of part of the colonnade would change the appearance of the colonnade. These changes are twofold: first, the change from a semi-open walkway to a semi-closed restaurant; second, the change from a continuous covered walkway to a discontinued one with the contrast of the existing pillars against the bi-fold doors against the artificial plant wall. The latter has much more impact on the character and appearance of the Conservation Area. The former will be discussed later in the assessment as it is not particularly related to the character of the area. - 7.5 The colonnade has a strong classic and neo-classic architectural reference as mentioned in the Character Appraisal. The proposed aluminium frame and large glazing are of a contemporary nature. The contrast between the two characters would further highlight the restaurant and create a breakage in the continuity of the colonnade. As a connection between the Gaiety Theatre and the Villa Marina Complex, the breakage would further isolate the complex and it is against the design intention of the colonnade, namely connecting the Theatre, the Garden and the Complex into one organic leisure unit. Therefore, it is considered that the impact on the character and appearance of the area is negative and the proposal fails to pass the test. - 7.6 This is a considerable material consideration against the proposal. Generally, the application would be recommended for a refusal unless there are immense public benefit overweigh the negative impact on the character and appearance of the conservation area. Elements of Assessment
7.5 The key considerations in the determination of the application are the principle of development, its impact on the character and appearance of the conservation area, on parking provision and on public amenities.
Principle of the Development
7.7 The area is designated for mixed use. The written statement of the Area Plan, along with Masterplan, has also identified the area suitable for dinning and drinking establishment. Therefore, the proposed land use is considered principally acceptable. Character and Appearance of the Conservation Area - 7.8 As mentioned in 7.5, it is considered that the proposal would negative impact the character and appearance of the Conservation Area. Parking Provision - 7.9 The site is located within a town centre location and there are spaces available alone the promenade for the use of service vehicles. Therefore, it is considered that the impact on parking provision is acceptable. Public Amenities
7.10 As mentioned in 7.1 and 7.4, the proposal would change this part of the colonnade from a semi-open walkway to a semi-closed restaurant. The colonnade has been used by the public for almost a century, according to Section 6.7 of the written statement of the Area Plan, it can be seen as a part of the public realm. Although the placement of tables and chairs would still allow a walkway being maintained between the tables, the mass of the tables combined with the occupation of patrons of the establishment would diminish the sense of public usage and therefore reducing an existing attractive part of the public realm, which is against Urban Environment Proposal 2 of the Area Plan. Planning Balance Assessment - 7.11 Although the reuse of the site is important for the economy and the vitality of Douglas town centre, it is considered that these are not enough benefit to overweigh the negative impact on the character and appearance of the Conservation Area and the diminishing effect on an important part of the public realm.
8.1 The proposal would negatively impact the character and appearance area due to its contemporary elements against the classic architectural reference of the colonnade. The enclosure would also disrupt the continuous appearance of the covered walkway, which would also negatively impact the character and appearance of the area but also diminish an important part of the existing public realm, which is protected by section 7.6 of the Area Plan. - 9.0 INTEREST PERSON STATUS
9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Refused Committee Meeting Date: 21.02.2022
Signed : P SHEN
Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Application No. : 21/00827/B Applicant : Dazan Ltd Proposal : Conversion from a retail/leisure to a restaurant (class 1.3) Site Address : Villa Marina Colonnade
Unit 1-3 Villa Marina Arcade Douglas Isle Of Man IM1 2HN Planning Officer : Mr Peiran Shen Presenting Officer As above Addendum to the Officer’s Report
After discussion, the Planning Committee has decided that Interested Person Status should be given to the owners/occupiers of Unit 4 Villa Marina Arcade, Harris Promenade, Douglas as impact of smoking customers standing outside the proposed establishment can be seen as part of section C1 of the relevant issues in accordance with paragraph 2C of the Policy.
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