DEC Officer Report

Application No.: 21/00831/GB Applicant: Mr Thomas & Mrs Karen Kirby Proposal: Conversion of building, including alterations of existing building from offices to Class 1.3 - food and drink - and Class 3.1 tourist accommodation (hotels and guest houses) (in association with PA 21/00828/CON) Site Address: Derby House Castle Street & Parliament Square Castletown Isle Of Man IM9 1LA Registered Buildings Officer: Mr Ross Brazier Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 13.09.2021 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Details of Works to Registered Building Prior to the commencement of each phase of work, No works shall take place on those elements listed below until details of the following items, to include plans, elevations and sections at a scale of (1:10) or (1:20) or other information as agreed following consultation with Design and Conservation Officer have been submitted to and approved in writing by, the Department:

• a) New stone portico
• b) Temporary removal' of the masonry below the central ground floor level window on the Parliament Square elevation The works shall not be carried out unless in accordance with the approved details. Reason: To ensure the satisfactory preservation of this registered building.

• C 3. Sliding Sash Windows

All new windows shall be painted softwood, double hung vertical sliding sashes with joinery details to match the originals, where existing, and shall be retained as such.

Reason: To ensure the satisfactory preservation of this registered building

• C 4. Requires the submission of roof materials Details and samples of roofing materials including flashings and slates shall be submitted to and approved in writing by the Department prior to their use. The development shall be implemented in accordance with the approved details and thereafter maintained. Reason: To ensure the satisfactory preservation of this registered building
• C 5. Details of the proposed roof light (s), i.e. type and size, shall be submitted to and approved in writing by the Department prior to their installation. The new roof light(s) shall be of a design which, when installed, shall not project forward of the general roof surface (and shall have a surround of a dark, matt finish). The roof light(s) shall be installed in accordance with the approved details and thereafter maintained. Reason: To ensure the satisfactory preservation of this registered building

This application has been recommended for approval for the following reason.

The proposals are considered to be in accordance with the Strategic Plan policies GP2 and 4, Paragraph 9.5.8 and Business Policies 1, 11 , Policies RB/3 AND RB/5 of Planning Policy Statement 1/01 and is judged to be acceptable.

Plans/Drawings/Information; This decision relates to the following: All drawings, photographs, structural report and planning statement received on 16.07.21 Plan as existing 1 Elevations as existing 2 Basement & Ground - Existing - Plans 3 First & Attic - Existing - Plans 4 Proposed Basement & Ground Floor Plans 5 Proposed First & Attic Floor Plans 6 Proposed Elevations 7 Proposed Section 8 Location Plan 10 Block Plan 11 _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The site is the Registered Building Derby House, Parliament Square, Castletown. The property is located within the Castletown Conservation Area. - 1.2 The site is in an area defined within the Area Plan for the South 2013 as Mixed Use. The area is not at risk of flooding. THE PROPOSAL

2.1 The proposals are for the conversion of building, that include alterations of existing building and change of use from offices to Class 1.3 - food and drink - and Class 3.1 - tourist accommodation (hotels and guest houses) (in association with 21/00828/CON) PLANNING POLICY - 3.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions

• (3) In considering —

• (a) whether to grant planning approval for development which affects a registered building or its setting, or
• (b) whether to grant registered building consent for any works, the relevant Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

S18 Designation of conservation areas

• (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

3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016

Development within land-use zones General Policy 2: 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:

• (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;

• (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 and (m) takes account of community and personal safety and security in the design of buildings and the spaces around them."

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;

The Strategic Plan contains advice on the provision of adequate car parking (Transport Policy 7) and in the case of residential property there should be 2 parking spaces for a unit with 2 bedrooms or more and in the case of shops (there is nothing specified for cafes or restaurants) the requirement is spaces for staff, customers and service vehicles.

However, the SP states: "These standards may be relaxed where development:

• (a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or
• (b) would result in the preservation of a sensitive streetscape; or
• (c) is otherwise of benefit to the character of a Conservation Area.

• (d) 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."

Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.

BusinessPolicy 11: Tourism development must be in accordance with the sustainable development objectives of this plan; policies and designations which seek to protect the countryside from development will be applied to tourist development with as much weight as they are to other types of development. Within the rural areas there may be situations where existing rural buildings could be used for tourist use and Environment Policy 16 sets out the circumstances where this may be permitted

• Environment Policy 32: Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted.
• Environment Policy 33: The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest.
• Environment Policy 34: In the maintenance, alteration or extension of pre-1920 buildings, the use of traditional materials will be preferred.
• 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.

3.3 Area Plan for the South (2013)

6.6 Encouragement of Sustainable Mixed Use Schemes

• 6.6.1 In order to achieve town and village centres which are attractive, viable and full of vitality it is essential to encourage a mix of different uses to locate within the Mixed Use areas. This will include elements of retail, office, light industrial, community facilities, leisure and tourism uses and residential as well as dedicated public spaces which will be a focus for community activity. Uses which are not compatible with residential developments will not be supported within the Mixed Uses areas. Generally there will be a presumption in favour of changes of use between the range of approved uses. Whilst planning approval may be required for some changes, this would normally be supported subject to the buildings being suitable for the new use.
• 6.6.2 Development within an area of Mixed Use (as designated on the Proposals Map/Inset Maps) or those sites proposed for Mixed Use (identified on the Maps as 'Proposed Mixed Use') will comprise a mix of some or all of the following uses33: residential; shops; financial and professional services; food and drink; research and development, light industry; hotels and hostels; hospitals, nursing homes and residential institutions; community uses; leisure; tourism and open space. For applications relating to sites proposed for Mixed Use, the mix and types of uses on the site will be determined on their merits in accordance with the Proposals in the Area Plan and the Isle of Man Strategic Plan Policies.
• 6.6.3 The identified Mixed Use areas contain a variety of uses including residential, industrial, Mixed Use Proposal 1: In order to maintain and enhance the vitality of the Mixed Use areas in Port Erin, Castletown and Ballasalla, there will be a presumption in favour of the retention of existing retail units on the ground floor although each case will be determined upon its circumstances and merits

6.29 Tourist Accommodation

• 6.29.1 There are currently a number of tourist premises throughout the Southern Area, ranging from self catering, bed and breakfast and hotel accommodation. Historically, much of the tourist accommodation was located in large seafront hotels in Port Erin and Port St Mary. The demand for this type of accommodation is now in decline and many of these large hotels have now closed allowing for redevelopment/conversion of the sites to take place where appropriate. This has resulted in an overall reduction in bed spaces in the South of the Island and in many cases former hotels have been replaced by apartments. The Department of Economic Development's approach is to support the retention of and development of tourist accommodation but will generally agree to the loss of tourist premises, where it is clearly demonstrated that they are no longer commercially viable.
• 6.29.2 Given the decline in the number of bed spaces in the South it is important that the retention of hotels is seen as vital to the continued attraction of the area. As such existing major hotels have been identified on the Proposals Map (3) and the Inset Maps (4-7) and the Proposal below seeks to retain hotel accommodation provided that it is still viable. Any applications for extensions to existing hotels or for new hotel development will be assessed on their merits taking into consideration extant land zonings.

3.4 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

POLICY RB/3 General criteria applied in considering registered building applications The issues that are generally relevant to the consideration of all registered building applications are:-

• o The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;
• o The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register;
• o The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or
• other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings).

POLICY RB/5 ALTERATIONS AND EXTENSIONS In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals.

Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where

registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative effect upon the building's special interest as a result of several minor works which may individually seem of little consequence.

PLANNING HISTORY

4.1 The building has been the subject of a number of applications for alterations including the following:

• 20/00015/GB - demolition of existing annexe structure to the south east elevation, secure window and door aperture and repointing of walls - approved
• 20/00016/CON - Registered Building consent for the works set out in 20/00015/GB Approved

15/00932/CON - registered Building consent for the installation of replacement windows Approved

15/00931/GB - approval for replacement windows - approved 14/01272/CON - installation of replacement windows to rear elevation refused 14/01271/GB - installation of replacement windows to rear elevation refused for the same 97/00755/GB - conversion of post office and meeting rooms to office accommodation Approved 92/00596/B - erection of TV aerial - approved REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Castletown Commissioners stated that they welcomed the approach of the applicant with early engagement in respect of their plans and it is pleasing to see private investment in the towns registered buildings. It is noted that the proposal includes a pavement café, and confirmed that this also has support.

5.2 DOI's Highways Division stated they do not oppose the proposals, but advised that a licence may be required for equipment and materials in the highway (11.08.21).

1. 3 Manx National Heritage (MNH) were consulted on the application, however no comments were received.

ASSESSMENT 6.1 The issues in this case are whether the proposed alterations to the building and the changes in uses will preserve the registered building or its setting or any features of special architectural or historic interest which it possesses; preserve or enhance the Conservation Area's character or appearance. Also, will the proposal result in any adverse impact on the living conditions of local residents or the character of the area.

Registered Building and Conservation Area

6.2 The building is of clear architectural and historic interest located opposite Castle Rushen and located on the corner of Parliament Square it sits surrounded by other registered buildings including the old House of Keys and former police station. It is the grouping of these

registered buildings which gives this part of the conservation area its character, a group of Georgian and earlier buildings set round a square with lanes off down to the harbour set within the backdrop of Castle Rushen.

6.3 Whilst the building has retained much of its external character, the building has however undergone numerous alterations and evolutions internally including changes in use since its construction. It is evident that the building may well have been constructed in phases and has in past been separated into two units. The Parliament Square side of the building was previously used as a post office, prior to its office conversion and has been stripped of all historic details, planform and finishes internally and in this location the proposals have sought to add those interventions which would be have greatest impact, such as the introduction of a lift. The building is in clear need of repair and securing a new use, the proposals will preserve those internal features and planform of historic interest where they have remained intact, such features includes the house's principal rooms at ground and first floor, staircase, doors, windows and other features such as ornamental plasterwork and skirting. The proposed change of use will provide four guest bedrooms and an eating and drinking business to ground and basement levels. The proposals will result in the conversion of the basement however this area contains no features of historic interest that will be harmed by the proposals and will enable greater use of the building.

6.4 It is considered that the change of use and associated works will preserve the existing features of special interest within the building and will generally improve its appearance and character both internally and externally, using traditional materials where appropriate. - 6.5 The proposals will result in very minimal change to the external appearance of the building, where elements are being replaced or renewed such as windows, roof and repointing, traditional materials are proposed and it is considered these works will result in an overall improvement to the appearance of the building that will enhance the character and appearance of the conservation area and the setting of the adjacent registered buildings. The proposals seek to provide some external seating, given the temporary and intermittent nature of such external seating it is not considered to have any detrimental impact upon either the building, its setting, the setting of other adjacent buildings nor the character or appearance of the conservation area.

The impacts on the living conditions of the local residents and the impact on the amenity of the locality.

6.6 There are residential properties close to the site which could be affected by the additional comings and goings associated with a hotel and bar/restaurant use compared with offices (likely to be movements during the day). However, the site lies firmly within the town centre and is in close proximity, other businesses which operate into the evenings and at weekends and also close to public parking areas where vehicles are able to come and go at any time of the day or night. As such, there is a reasonable expectation for people living in a town centre that there will be activity outside of the usual working day. It is also relevant that given the location of the property it would be possible under permitted development rights for the ground and basement floor to be changed to restaurant use with no service after 10pm and the upper floors to residential use. It is considered that the proposals particularly given the limited bedroom capacity of four, that the proposals will not result in impacts that are far greater then could be achieved without consent. - 6.7 It is also relevant that at the current time, Ellan Vannin, Harbour Mews and Packet House are all owned by the applicant and whilst these properties could be sold in the future, those interested in purchasing any of these properties would be aware that the application site could be or is being used for the proposed purpose. The proposals also would have a direct relationship to Harbour mews, as there will be direct access to the courtyard and restaurant within Harbour Mews and it is considered that the condition approving the use of the building

• relation to the prohibiting of serving of food and drink externally past 10pm is also applied to this property. It is not considered necessary to restrict the opening hours of the premises as there are other premises very close by which are not so restricted by the planning system although there remains control through the Licencing Court.
• 6.8 Car parking 6.8.1 The existing use will requires at least 4 parking spaces, none of which is provided on site as there is no opportunity for such. The proposed Class 1.3 use would require no parking spaces for customers or staff of the Class 1.3 uses and four spaces for the Class 3.1 uses for the four hotel accommodation rooms. As such, given the lack of on site spaces, the proposed use results in no change to the deficit in the satisfaction of the parking standards from the existing situation. It is also relevant that the tourist accommodation may well result in a greater possibility of the occupants not having their own vehicle compared with the office use whose occupants are more likely to have their own vehicle which needs to be parked in Castletown and for longer periods during the day. It is relevant that those staying in the proposed tourist accommodation would be choosing to stay in an historic town with a frequent bus service which passes the site and with an historic railway operation within walking distance. The Strategic Plan clarifies that parking standards may be relaxed in certain circumstances and it is considered that the proposals fulfil these exmeptions as,: it concerns a Registered Building, sensitive streetscene and a Conservation Area and is also within close proximity of the public transport services of both buses and the steam railway. Given the reduction in demand for parking spaces from the proposed use, it is concluded that there cannot be any adverse impact from any change in on street parking, as stated in Appendix Seven.

6.6.Highway safety 6.6.1 It is considered that there will be no adverse impact on highway safety from the proposal. The site is within walking distance of the town's shops, restaurants and service as well as its public transportation and whilst some of the town's pavements are not overly wide, given its historical layout and character, there are safe and acceptable ways of getting to and from the site from other parts of the town.

6.7 The addition of a new hotel providing tourist accommodation and bar/restaurant within the town centre will add to the range of attractions and amenities of the town which will help to maintain a vibrant town centre in accordance with the relevant planning policies. CONCLUSION - 7.1 The proposals are considered to be in accordance with the Strategic Plan policies, Policies RB/3 AND RB/5 of Planning Policy Statement 1 and the application is therefore recommended for approval. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and

• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 In addition to those above, the Regulation 9(3) requires the Department to decide which persons (if any) who have made representations with respect to the application, should be treated as having sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 21.09.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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