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The application site represents the curtilage of 37 & 39 Victoria Street. The properties are currently shops; 37 is currently used by Deanwood Estate Agents and 39 is vacant.
The site is located within an area identified as Predominantly Shopping by the Douglas Local Plan 1998. The site is also located within the Athol Street/Victoria Street Conservation Area.
General Policy 2 of the Isle of Man Strategic Plan 2007 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:
does not affect adversely the character of the surrounding landscape or townscape;
does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
Environment Policy 35 of the Isle of Man Strategic Plan 2007 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."
Planning Policy Statement 1/01 'Conservation of the Historic Environment of the Isle of Man', Policy CA/2 Special Planning Considerations 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."
The following are considered relevant to the assessment and determination of this planning application:
90/01742/B - New shop front and internal alterations, Former video shop adjacent to Dean Wood, Victoria St, Douglas - Permitted 1st February 1991
02/00190/B - Installation of replacement shop front - Permitted 19th June 2002
Douglas Corporation have indicated no objection to this planning application. The Department of Transport Highways Division have indicated no objection to this planning application.
We have received no privately written representations in relation to this planning application.
The application seeks approval for the installation of replacement shop fronts.
As the properties are within a Conservation Area extra consideration must be given. The proposed shop fronts are very modern in their design; however, Victoria Street has a mixture of different shop fronts varying from original to traditional and modern.
A number of the shops on Victoria Street are considerate to the character and appearance of the area by adopting more traditional style shop fronts. In this instance the shop fronts are very modern in their design with the stainless effect proposed but the step back of the door and the large sections of glazing could be argued to be traditional in style.
The existing shop fronts are considered to be more traditional in their design with the detailing on the timber frames and tiling which is more considerate to the character and appearance of the area, however they are not the original shop fronts and as such retention or replication is deemed unnecessary.
Overall it is judged that although the shop fronts are modern in their design and not ideal they do not have a significant adverse impact upon the properties, surrounding properties or the appearance and character of the Conservation Area.
It should be noted the plans are also proposing new signage above 37 Victoria Street, however, this is an advertisement which is controlled by the control of Advertisement Regulations 2005. The planning merits on the signage cannot be assessed under this application and therefore planning permission cannot be granted for the signage, as it would go beyond the powers of the Town \& Country Planning (Development Procedure) Order 2005.
I have considered the content of the application with particular consideration to Policy CA/2 SPECIAL PLANNING CONSIDERATIONS of Conservation Areas 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.
Proposed is the replacement of a pair of existing shopfronts within the Victoria Street / Athol Street Conservation Area. Of consideration is that the current shop fronts are not historic and are themselves very recent replacements all be it, in a traditional manner. That proposed maintains the same line as the existing, in that the entrance doors are recessed in the facades, but the framing and glazing is much more contemporary. The signage is contemporary, but simple and utilises stand off, individual lettering rather than an internally lit box, a more acceptable approach in a Conservation Area. Given the simplicity of the detailing, the proposals should not detract from the character of the Conservation Area and is therefore acceptable.
I therefore recommend approval of these proposals.
It is recommended that the application be permitted.
I consider that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Douglas Corporation The Department of Transport Highways Division.
Recommended Decision: Permitted Date of Recommendation: 18.09.2008 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions 18 September 2008 08/01198/B
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This permission relates to the installation of two shop fronts as shown in drawings WL/08/1087/1, WL/08/1087/2, site plan and location plan submitted and date stamped 19th June 2008.
I confirm that this decision accords with Government Circular No 44/05 (Delegation of Functions to Director of Planning and Building Control)
Decision Made : Permitted Date : Signed : M. I. McCauley
Director of Planning and Building Control
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