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The site represents an existing property situated on the corner of Ridgeway Street and Lord Street. The property is presently used as a public house. The application site is within an area zoned as Mixed Use, particularly Town Centre, within the Douglas Local Plan. The site is also within the Athol Street/Victoria Street Conservation Area.
The application is seeking planning permission to change of use of the premises from a public house into offices within associated car parking.
Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered to be relevant in the determination of this application: Strategic Policy 6 and 9, General Policy 2, Environment Policy 35, Business Policy 7 and Transport Policy 4
Business Policy 7 states that "New office space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space
Community Policy 4 states that "Development (including the change of use of existing premises) which involves the loss of a local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable."
Environment Policy 35 states that "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."
The following previous applications are considered relevant in the consideration of this application:
96/00806/B – Refurbishment and incorporation of new metal fire escape stairway – granted 10th October 1996
The Highways Division of the Department of Transport have objected to the application on the grounds that the application does not meet the required parking arrangements as set out in the Isle of Man Strategic Plan. Therefore the Department will object dependant upon the Department of Local Government and the Environment's view on retaining the building for architectural reasons.
Douglas Borough Council has objected on the grounds that there is insufficient parking provision.
A resident of Port Soderick objects to the application on the basis that Community Policy 4 does not appear to have been satisfied.
The principal issues in assessing this application are a) Land use, b) Parking provision and c) External alterations. The following paragraphs deal with these issues in the above order, followed by consideration of other matters of detail.
The applicant is seeking permission for the change of use of the building into offices. The relevant policy for consideration is Business Policy 7 of the Isle of Man Strategic Plan 2007. The policy deals with new office space, which could include applications involving a change of use of existing building into office uses and not just new build developments. Paragraph 9.3.3 of the Strategic Plan states that "The Department has supported the location of offices in town and villages centres for several reasons:
Business Policy 7 requires new office space to be located on land which is zoned for the purpose in the appropriate area plan. The relevant area plan in this instance is the Douglas Local Plan 1998, which zones the site as mixed use, particularly Town Centre. It is acknowledged the site is not zoned for office use; however, since the zoning refers to mixed use this would allow for office development to take place so as to add to the variety of uses within an area. Furthermore, the site is located in a town centre location. It is considered the proposed use is compatible with the land use zoning of the Douglas Local Plan and Business Policy 7 of the Isle of Man Strategic Plan 2007.
There is another issue relating to land use which involves the loss of a Public House. It has been suggested by Mr Jessopp that the application should be tested against Community Policy 4, which states that "Development (including the change of use of existing premises) which involves the loss of a local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable." An email from the agent on behalf of their client dated 8th December has been received which states that "...the reason for the sale of the Cornerhouse Public House is based on the fact that it has been in recent years and continued to be commercially unviable. A couple of years ago the premises had an internal refurbishment [sic] and this year we built an external smoking shelter, complete with lights and heaters and also re-decorated the exterior and fitted new signage but the trade is no longer there. The area is well accommodated with Public Houses and the plight of "The Cornerhouse" has not been helped in the uncertainty of the present economic climate which is manifesting itself in our trading situation."
The agent's have as indicated that "Heron and Brearley have noted a steady downturn in trade in the Cornerhouse for some time. As they have previously mentioned money has recently been spent on works to the exterior of the building, and trade initiatives have previously been undertaken within the public house to try and increase sales. The effect however has been negligible and follows a wider pattern of this type of Public House becoming less popular generally - not helped by the internal smoking ban. Heron and Brearley are faced with two choices - spend considerable sums of money in converting this property to a different type of venue, or dispose of it. Any Purchaser looking to acquire the building as a going concern would then be faced with the same choice, thus reducing the disposal value to a financially unviable amount. Individual Accounts exist which support the above however Heron and Brearley would not, understandably, wish these to be placed in the public realm via a Planning Application and indeed the accounts would in all likelihood prevent the sale as a going concern as they show a complete lack of trade.
Heron and Brearley have also committed to spending considerable funds on the conversion of the Douglas and Clarendon Public Houses and the property acquired between. As this is only a matter of a hundred yards or so from the Cornerhouse the ongoing viability of a Public House is diminished further.
Accordingly a change of use is the only realistic option to prevent deterioration of the building as the level of trade would not support its upkeep."
The key issue here is whether Community Policy 4 should be tested as part of the application. The public house can not be regarded as a "local public house". It is located within a Town Centre and the Brewery as a number of other public houses in walking distance of the site. Accordingly, it is considered the application should not be tested against Community Policy 4. The granting of a planning permission for the conversion of the public house into offices would not be contrary to Community Policy 4 of the Isle of Man Strategic Plan 2007.
The car parking standards set out in Appendix 7 of the Isle of Man Strategic Plan 2007 requires 1 space for every 50 square metres of net floor space. The application is proposing to create 418.97 square metres of net office floor space which would equate to a requirement for 8 car parking spaces to be provided. The site has 2 car parking spaces.
The Isle of Man Strategic Plan states that "the car parking standards may be relaxed where the development is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality". The application is site located on Lord Street which is major bus route out of Douglas and is within walking distance of the Lord Street terminus. The applicant has not demonstrated that the reduced level of parking will not result in unacceptable on-street parking in the locality; however, it must be acknowledged that the site is situated within a town centre location. The site cannot physically provide any further car parking spaces within the submitted scheme.
Paragraph 11.5.3 of the Strategic Plans states that "The long term target is to reduce the level of car parking required for town centre developments and seek to develop more sustainable staff and visitor transport plans including improved public transport, staff buses, shared and pooled cars, cycling and walking". The application is proposing motorcycle or bicycle parking space as part of the development.
The proposed parking provision does not accord with the policies in the Strategic Plan. However, the site is located within a town centre location where the provision for car parking within developments will be limited. It is considered that the reduced car parking provision and the introduction of a travel plan, which would help to promote sustainable transport objectives, is acceptable. Furthermore, it would assist in meeting the long term target of reducing the level of car parking in town centre developments.
Most of the external alterations are relatively minor and will have a neutral affect on the character and appearance of the Conservation Area. There is some concern about the rooflights, which should be conservation style rooflights. The applicant's agent has indicated that they are willing to accept a condition requiring conservation style rooflights be used. The rooflight on the south elevation of the building will not be readily visible from the Conservation Area and therefore it is considered this rooflight will not adversely affect the character and appearance of the Conservation Area.
Furthermore, it is proposed to erect a signage on the east and north elevation of the building; however, the merits of the signage cannot be assessed within this application as advertisements are controlled under separate legislation, i.e. The Control of Advertisement Regulations 2005, and not the Town and Country Planning (Development Procedure) Order 2005.
It is recommended that the planning permission be granted subject to conditions.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Mr Jessop of Seacliffe, Old Castletown Road, Port Soderick, given his distance from the application site is not granted Interested Party Status under the provisions of Planning Circular 1/06.
In summary, it is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded interested party status:
Accordingly the following parties are not afforded interested party status:
Recommended Decision: Permitted
Date of Recommendation: 16.12.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the conversion of a public house into offices as shown in drawing numbers SC1117/P/10-00, SC1117/P/10-01, SC1117/P/10-02, SC1117/P11-01, SC1117/P/10-03 and SC1117/P/11-02 date stamped 14th October 2008.
C 3. The rooflights to be installed must be conservation style rooflights.
C 4. No use permitted shall be commenced until the car parking areas have been provided in accordance with the approved plans, and those areas shall thereafter be kept available at all times for their respective purposes.
C 5. No development shall take place until details of the motorcycle/bicycle stands to be used have been submitted to and approved in writing by the Planning Authority and these works shall be carried out in accordance with the approved details prior to first occupation of any part of the building for office purposes.
C 6. Prior to first occupation of any part of the building for office purposes a travel plan shall be submitted to and approved in writing by the Planning Authority. The plan shall set out practical measures aimed at ensuring that users of the building travel to and from it in ways that minimise the environmental impact. Once the travel plan is approved by the Planning Authority and the approved office use of the building commences, the measures set out therein shall be implemented in full.
N 1. No permission is granted or implied for the display of advertisement banners, separate consent must be obtained under the Control of Advertisements Regulations 2005.
I confirm that this decision accords with Government Circular No 56/08 (Delegation of Functions to the Acting Senior Planning Officer), GC 55/08 for Advertisements and 69/08 for Registered Buildings.
Decision Made : Permitted Date: 15/1/09
Signed: [Handwritten signature] Acting Senior Planning Officer
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