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Application No.: 22/01157/GB Applicant: Santander International Proposal: Alterations and change of use from a cafe and shop with associated bicycle repair and servicing and cycle storage, showers and public conveniences to a cafe (Class 1.3), financial and professional services (Class 1.2) and public conveniences and including shop (Class 1.1), office that does not involve visiting members of the public (Class 2.1) and other community uses (Class 4.3) in association with RB application 22/01156/CON Site Address: New Market Hall Market Hill Douglas Isle Of Man IM1 2BH Registered Buildings Officer: Mr Ross Brazier Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 24.11.2022
C : Conditions for approval N : Notes attached to conditions
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.
N1 .Any damage to the registered building during the course of the works hereby approved shall be made good upon completion of said works. All making good works shall be submitted to and approved in writing by the Department and thereafter implemented within time period to be agreed with the Department.
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, Policies RB/3 AND RB/5 of Planning Policy Statement 1/01 and are acceptable. Plans/Drawings/Information;
This decision relates to the following: Drawings numbered:
Additional Persons
It is recommended that the Government Department DOI, Flood Risk Management should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations. _____________________________________________________________________________
Officer’s Report THE SITE
1.1 The site is The Market Hall, a building situated to the north of North Quay, to the east of Market Hill and to the south, across James Street and to the east, across a lane from The British Hotel public house. The building is single storey with a lantern light in each of the two double pitched roofs which illuminate the internal ground floor space. There is basement space beneath which is accessed from the north via a set of external steps bounded by metal railings. There are pedestrian doors to the building on the north, east and southern elevations, all of which are visible from across the street: the western elevation faces the side of The British Hotel across a narrow and relatively dark lane. - 1.2 The site is in an area defined within the Area Plan for the East 2020 as Mixed Use. The area is at high risk of tidal flooding. The building is located within the North Quay Conservation Area THE PROPOSAL
2.1 The application seeks planning approval for alterations and change of use from a cafe and shop with associated bicycle repair and servicing and cycle storage, showers and public conveniences to a cafe (Class 1.3), financial and professional services (Class 1.2) and public conveniences and including shop (Class 1.1), office that does not involve visiting members of the public (Class 2.1) and other community uses (Class 4.3) in association with RB application 22/01156/CON STATUTORY AND PLANNING POLICY CONTEXT - 3.1 TOWN AND COUNTRY PLANNING ACT 1999 S16 (3) Registered buildings: supplementary provisions S18 (4) Designation of conservation areas
3.2 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016; Strategic Policy 4 General Policy 2 Business Policy 1 Business Policy 11
3.4 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man
3.5 Area Plan for the East 2020 9.10.10 Mixed Use Area 7 - The Quayside
Town Centre - Mixed Use Proposal 7 PLANNING HISTORY
4.1 The site has been subject of a number of applications since being registered those considered of note to this case are the following; Reference Number: 93/00459/B -
Status: Permitted Proposal: installation of 60cm satellite dish
Reference Number: 01/00121/GB Status: Permitted Proposal: - Alterations to incorporate disabled toilets within existing toilets and installation of window to replace doorway
Reference Number: 09/01066/GB Status: Permitted Proposal:- Installation of replacement windows (In association with 09/01068CON)
Reference Number: 09/01068/CON Status: Permitted Proposal: - Registered Building Consent for the installation of replacement windows (RB no 120 in association with 09/01066GB)
Reference Number:17/01081/GB Status: Permitted Proposal: Door and window alterations, installation of flue and ventilation grills and external lighting (in association with 17/01082/CON)
Reference Number: 17/01082/CON Status: Permitted Proposal: - Registered Building consent for door and window alterations, installation of flue and ventilation grills, lighting, basement and ground floor refurbishment works and installation of a mezzanine level (in association with 17/01081/GB)
Reference Number: 20/00087/CON Status: application withdrawn Proposal: Installation of granite commemorative plaque
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only;
5.1 DOI's Highways Division stated there is no Highways HDC interest (NHI) (12.10.22)
5.2 Douglas Borough Council raised no objection to the proposals (30. 09.2022)
5.4 DOI's Flood Risk Management Division (FRMD) stated they do not oppose subject to condition that they will require a Flood Risk Assessment and that any alterations to the building should be mindful that the building is in a High Risk Tidal Flood Zone and adequate flood mitigations should be installed for public safety (03.10.22)
6.2 The proposals will result in a change of use from a cafe and shop with associated bicycle repair and servicing and cycle storage, showers and public conveniences to a cafe (Class 1.3), financial and professional services (Class 1.2) and public conveniences and including shop (Class 1.1), office that doesn't involve visiting members of the public (Class 2.1) and other community uses (assembly of people, display of works of art (Class 4.3).
6.3 The proposed change of use will result in the layout of the buildings remaining largely as it is currently, with the majority of the space open with half available as a cafe and the other half provided with a range of sizes of tables and desks to host meetings of various sizes. The enclosed areas will provide more private space and the public conveniences will be remodelled. The area where the bicycles are currently serviced will be partly enclosed with new stud walling and the current staff rooms on the northern side of the building will be built out slightly with newly positioned doors. The current non-compliant wheelchair toilet at the northern entrance will be removed and two internal ATMs will be installed. Existing public conveniences will be re-modelled to provide three toilets (one of them a fully compliant DDA toilet). The reduction of one toilet provision at ground floor is compensated for with provision of two new customer toilets at mezzanine level. New handrails are to be installed on the staircase to the mezzanine and a new air curtain installed above the northern entrance affixed to the wall alongside with another above the eastern entrance.
6.4 Within the basement the cubicle layout is to be retained with the addition of new partitions with and some of the modern partitions removed. The new partitions will be fixed to new fabric which was introduced when the tanking was undertaken. There will continue to be toilets, shower and locker facilities - one of customers and showers and one toilet for staff, accommodation of equipment and new ramps introduced from the basement level to the external door at the base of the external steps to assist fire evacuation. A new fire door is to be installed at this lower entrance (replacing a non-original roller shutter door) and new condensers installed on the northern wall of the steps and two new openings to accommodate pipework, power and control cables for the adjacent new condensers. The mezzanine balustrade will be replaced with timber surrounded mesh or glazing to provide more transparency at this upper level with meeting room two having a glazed wall into the building and the partitions between the easternmost areas removed.
6.5 The proposals are very limited in way of external alterations that will result in the introduction of two new openings for new pipework alongside this basement door and the introduction of two new flues on the elevation of the roof where there are already flues in a location with the lest visible impact.
6.6 It is noted that FRM considered that condition should be imposed requiring adequate flood mitigations should be installed for public safety. The applicant's agent did contact FMR informing them food risk mitigations were undertaken as part of the renovations and change of use under the previous applications and the currents proposals will add to the existing uses and not materially change the use of the building. These points are considered material and in the absence of a response to these issues from FRM it is considered that these issues have already been dealt with under the previous approvals and works for the building's current use. - 6.7 It is considered that the works will result in relatively minor change to the character of the building, retaining its current open plan form with a clear understanding of the historic and modern fabric. The works mostly relate to the reconfiguration of the existing modern interventions introduced to facilitate the current use, the works result in very little external
change or alteration also and it is therefore considered that the work will preserve the character of the building as a building of special interest. They will also preserve the character and appearance of the conservation area, given the very limited external changes.
Proposed uses
6.8 The current approved uses are Class 1.1 (Shop) with associated repair facility and Class
1.3 (cafe).The proposed uses will expand this to add Classes 1.2, 2.1 and 4.3. The proposed uses are Additional to the current provisions and have the potential to extend the active periods of use of the building throughout the day as desired by the Area Plan. The building is currently a busy café and shop and it is considered that the introduction of the banking facility, office space and community facilities will add to the existing vibrancy of the building's current offer that will not result in negative impact on local amenity given the building location and uses in surrounding buildings.
Car parking
6.9 The building and existing use has no car parking provision The building has never had onsite parking provision and as such the proposed alteration to uses result in no change to the deficit in the satisfaction of the parking standards from the existing situation. The Building is located within the city centre. The Strategic Plan clarifies that parking standards may be relaxed in certain circumstances and it is considered that the proposals fulfil these exemptions as it concerns a Registered Building, sensitive street scene and a Conservation Area and is also within close proximity of the public transport services of both buses and the steam railway and the ample car parking that is available in the city itself.
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 1/01 and that there is no demonstrable harm arising from the proposal in view of the provisions of the additional uses and impact upon local amenity, 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:
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 a Principal Planner 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: 07.12.2022 Determining officer
Signed : A MORGAN Abigail Morgan Principal Planner
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