Officer Report

Application No.: 16/00470/B Applicant: Fistard Property Investments Limited Proposal: Creation of an additional doorway Site Address: 9 - 11 Duke Street Douglas Isle Of Man Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE SITE - 1.1 The application site is Nos. 9 to 11 Duke Street, Douglas. The site is situated on the corner of Lord Street and Duke Street. It is an ornate 4 storey building with commercial usage over all floors.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the creation of an additional doorway to the south elevation which fronts onto Lord Street. The door would replace an existing window with the same width, albeit the height would be increased to accommodate the door. The door would replicate the existing door at the entrance of the property which comprises a large glazed door with a timber frame.

3.0 PLANNING HISTORY - 3.1 Whilst there have been a number of applications associated with this property, none is considered relevant in the assessment and determination of this application.

4.0 DEVELOPMENT PLAN POLICIES - 4.1 The application site is in an area zoned as "Shopping Use" identified on the Douglas Local Plan 1998. The site is within the Athol Street and Victoria Street Conservation Area. - 4.2 General Policy 2 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (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;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (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;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;

• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (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."

4.3 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." - 4.4 This echoes the policies of Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man. - 4.5 Planning Circular 1/98 also contains advice about the replacement of windows:

"BUILDINGS IN CONSERVATION AREAS If the original windows are in place they should preferably be repaired. If repair is impracticable, replacement windows which would be readily visible from a public thoroughfare MUST HAVE THE SAME method of opening as the originals. Whatever the material used in their construction, the windows MUST HAVE THE SAME pattern and section of glazing bars and the same frame sections as the original windows.

Windows not readily visible from a public thoroughfare must have the same or similar pattern of glazing bars as the originals, but not necessarily the original method of opening, whatever the material used in the construction."

5.0 CONSULTATIONS - 5.1 Highway Services have no objection (received on 05.05.2016).

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 it 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 The proposed design and finish of the door would replicate the existing door already found within the building. This is considered to be acceptable and appropriate with the building and the Conservation Area. Accordingly, it is considered the proposal would preserve the Conservation Area and therefore comply with Environment Policy 35 of the Isle of Man Strategic Plan.

7.0 RECOMMENDATION - 7.1 On the basis that the proposed development is considered to comply with the relevant policy of the Strategic Plan, a recommendation of approval is made.

8.0 PARTY STATUS - 8.1 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant’s agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;

• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 31.05.2016 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

This approval relates to drawings reference numbers Location Plan & 1346.1, 1346.2 all received on 22nd April 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 31.05.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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