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Applicant: Tevir Group Proposal Construction of mixed use commercial building including commercial office (class 1.2 & 2.1), retail (class 1.1) and leisure uses (class 4.4) complete with basement parking, food & drink (class 1.3 and 1.4), and 80 bedroom hotel including restaurant and operational areas (class 3.1) Site Address Villiers Square Fort Street Douglas Isle Of Man IM1 2AX Case Officer : Toby Cowell Site Visit: Expected Decision Level Planning Committee Recommended Decision: Permitted Date of Recommendation 16.04.2024
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.
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
Reason: To ensure the delivery of a replacement bus stop following completion of the approved development.
Reason: To ensure the provision of an appropriate landscape setting to the development and to assist the creation and management of biodiversity.
Reason: In the interests of the appearance of the development, the visual amenities of the area and preserving the character and appearance of the Conservation Area.
Reason: In the interests of the appearance of the development, the visual amenities of the area and preserving the character and appearance of the Conservation Area.
Reason: To ensure that the final design and appearance of the substation is satisfactory and to reduce the risk of flooding.
Reason: In the interests of the wider strategic views of the area, the character and appearance of the development and the visual amenity of the conservation area.
Reason: In the interests of the wider strategic views of the area, the character and appearance of the development and the visual amenity of the conservation area.
Reason: To ensure that the development is carried out to the highest standards of architecture and materials and in the interests of the character and appearance of the development.
Reason: To ensure that any telecommunications apparatus and other plant or equipment that is required on the exterior of the buildings preserves the highest standards of architecture and materials as a key feature building.
to subsurface sewerage infrastructure, and the programme for works) has first been submitted to the Department in writing to be agreed. Any piling must be undertaken in accordance with the terms of the approved piling method statement.
Reason: To safeguard the amenities of local residential and businesses.
Reason: To ensure the timely completion and retention of the on-site facilities to an adequate standard in the interests of road safety.
This application has been recommended for approval for the following reason. The application site is identified for development and the proposal is judged to comply with the site allocation, as further detailed within Comprehensive Treatment Area Proposal 1. The proposals are considered to constitute a high standard of development in a prominent location within the Conservation Area, without resulting in a significantly adverse impact upon the amenities of occupants of surrounding buildings, including the amenities of future residential properties within the site's immediate vicinity. The proposals are deemed to give rise to a positive impact upon the character and appearance of the wider Conservation Area by redeveloping a prominent gap site, whilst further providing increased employment opportunity and additional serviced tourist accommodation, to the benefit of the local economy.
The proposals would further not result in a detrimental impact upon the safety and convenience of the local highway network, whilst further bringing about improvement to the immediate highway network. The development is therefore deemed to comply with Strategic Policies 1,2,46,9,10, Spatial Policy 1, General Policy 2, Environment Policies 4,5,10,22,35,41-43, Business Policies 1, 7-11, Recreational Policy 3, Transport Policies 1,2,4-8, Infrastructure Policies 1,5 and Community Policies 7,10,11 of the Isle of Man Strategic Plan 2016, relevant policies of the Area Plan for the East 2020 and the Residential Design Guide 2021.
Plans/Drawings/Information; 21141S-56T-P0-00S-D-A-001 P04 - Proposed Site Plan
Applicants Response to Highways Received 28.03.24 21141S-56T-P3-00S-D-A-001 P02 - Downtakings Plan 2319-EXA-XX-XX-DR-L-00200 P05 - Planting Plan Received 08.02.24 Transport Technical Note (except appendices BGH3, BGH5 and BGH6) Revised Travel Plan Received 01.02.24
21141-56T-P0-00S-D-A-001 Rev P01 - Location plan 21141S-56T-P2-00S-D-A-001 Rev P01 - Existing Site Plan 2319-EXA-XX-XX-DR-L-00100 Rev P09 - General Arrangement Plan
21141S-56T-P5-ZZZ-D-A-003 Rev P01 - Proposed Sections 05 and 06 21141S-56T-P5-ZZZ-D-A-004 Rev P01 - Proposed Sections 07 and 08
21141B-56T-P4-ZZF-D-A-001 Rev P01 - Block B Proposed First to Third Floor Plans 21141B-56T-P4-ZZF-D-A-002 Rev P01 - Block B Proposed Fourth to Fifth Floor Plans 21141B-56T-P4-06F-D-A-001 Rev P01 - Block B Proposed Sixth Floor Plan 21141B-56T-P4-RFF-D-A-001 Rev P01 - Block B Proposed Roof Plan 21141B-56T-P6-ZZZ-D-A-001 Rev P01 - Block B Proposed Elevations
Additional Persons
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Isle of Man Fire Service Isle of Man Constabulary Manx Utilities Authority Planning Policy, Cabinet Office Visit Isle of Man Agency Business Isle of Man, Department for Enterprise Department of Infrastructure Flood Risk Management Division Manx National Heritage
It is recommended that the following should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings:
Chapman Brothers Ltd, 30 Athol Street, Douglas (owners of 7 Regent Street, Douglas) Lloyds Bank Plc, Villiers House, 2 Victoria Street, Douglas Duke Street Commercial Ltd, Stevenson House, 10 Prospect Hill, Douglas (owners of 42-50 Dukes Street, Douglas)
as they have explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
It is further recommended that the following should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Isle of Man Natural History and Antiquarian Society, 95 Malew Street, Castletown as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. ________________________________________________________________
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT
1.0 THE SITE - 1.1 The application site relates to a parcel of largely undeveloped land bordered by Loch Promenade to the east, Regent Street and the rear of a terrace of properties within Regent Street to the north, the rear of nos. 42-58 Duke Street to the west and nos. 2-14 Victoria Street to the south. The Raad ny Foillan coastal footpath commences at the Sea Terminal and runs along the adjacent walkway on the opposite side of the promenade. - 1.2 Presently the site is largely open with some paving, seating and bicycle/motorcycle stands, with hoardings which separate the interior of the site from Loch Promenade, and is used casually by those passing between Villiers House and Fort Street to Regent Street as well
temporary stages. The lane which skirts around the west of the site, linking Regent Street with Fort Street comprises a rear service lane fronted by the rear elevations of buildings which front onto Duke and Regent Streets. The lane is dominated by a commenced development comprising steelwork and concrete but which has not progressed for a number of years.
1.3 The site lies within an area which is already highly developed along the Promenade, including the modern office building to the south known as Villiers House which wraps around the corner of Loch Promenade and Victoria Street. The buildings to the north which front Loch Promenade are however original, starting with the tall tower of Admiral House with this building only incorporating the rhythmic bays to the north of the entrance portico. The terrace continues with repeated three storey bays for the rest of this section with a modern church building commencing the subsequent terrace on the northern side of Howard Street. - 1.4 Turning south, Villiers House contrasts with the yellow/buff brick of Jubilee Buildings, 1 Walpole Avenue and 6-7 Peveril Buildings with this block continuing around the corner to Peveril Square in a more modern form which is taller than the older buildings forming part of the block. Further west on Victoria Street, alongside Jubilee Buildings is a small gap alongside which is a new, modern building with significant glazed frontage, alongside more traditional, masonry and brick buildings with vertically oriented fenestration and detailed cornicing, string courses, mouldings and some with decorative ironmongery. Victoria Street accommodates a range of different styles of building which also range in age and function with shops and restaurants, offices, estate agent's and banking facilities. - 1.5 The site wraps around the corner of Loch Promenade and Regent Street and sits opposite the side of the 1886 bar and restaurant. On the southern side of Regent Street is the vehicular opening into the site, alongside which is a two storey building, no.7 Regent Street, which is presently propped up by steelwork following a fire on the upper floors in 2016 which resulted in the demolition of part of the building. Beside this is a much lower two storey building before the block steps up to a three storey property on the corner of Regent Street and Duke Street. Turning west down Regent Street the large, a relatively modern building presently occupied by Marks and Spencer, is notably visible as an end feature to this particular highway and view from the promenade.
2.0 THE PROPOSAL - 2.1 Planning permission is sought for the comprehensive redevelopment of the site in the form of two buildings. The principal building fronting the Promenade comprises a mixture of retail, office floorspace with associated gym, food and drink uses which will connect to Villiers House and continue along the promenade and onto Regent Street up to the existing access into the site from this side street. The second building is a detached, six storey hotel at the rear (west) of the site. The office and retail building is subdivided into two sections referred to in the application submission as the "Marker Building" which is the taller section on the corner of Loch Promenade and Regent Street and the "Promenade Building" continues to the south and attaches to the existing Villiers House office building. - 2.2 The buildings will be accessed by pedestrians from Loch Promenade through a new link
at ground floor level within the building footprint as well as from Regent Street and Fort Street. Vehicular traffic will make use of the rear service lane with a lay-by and a reorganised rear lane behind the Victoria Street properties. In between the buildings is proposed a landscaped public open space to be used in connection with the remainder of the development.
2.3 The "Promenade" and "Marker" buildings fronting Loch Promenade incorporate provision for 50 vehicular parking spaces and 57 bicycle stands at basement level, with the ground floor level proposed to accommodate a variety of uses, including retail (Class 1.1), office (Class 1.2), food and drink (Class 1.3) and food and drink takeaway (Class 1.4). The application submission notes that the ground floor space is designed to accommodate a variety of town centre uses and the application seeks flexibility in the opportunity for changes between these uses without
2.5 The submitted planning statement notes the following in terms of design and elevation treatment:
"The Marker and Promenade buildings complement each other in terms of architectural style with a distinction between each in terms of colour and materials and with the section which links to Villiers House being glazed, matching the link section above the pedestrian link within the site from the promenade to Villiers Square. The intention of the scheme is to create a landmark corner "marker" building to continue the character of the promenade which features a number of taller and more distinctive buildings on the corners of the promenades with its side streets including Admiral House, opposite the site, Peveril Buildings and Jubilee Buildings to the south, Marlborough Apartments and Empress Apartments either side of Empress Drive and the Imperial Hotel either side of Mona Drive and the Savoy Hotel on the corner of Castle Drive. The Marker Building will be one storey higher than the Promenade Building to which it would be attached, following the form of these other corner buildings. The top level of the Marker Building will be finished in glazing.
The Marker Building is to be finished in red coloured cladding with the Promenade Building to the south separated by a glazed link above the pedestrian walk way, finished in light buff coloured brick, resembling and complimenting the finishes on Jubilee and Peveril Buildings to the south. The brick section will have decorative pattern and "Villiers Square" incorporated into the northern section. Both buildings have the same vertical emphasis from the windows above ground floor level and with the marker building having piers from floor to roof, further emphasising the verticality.
The second, third and fourth floors of the Marker Building step out from the floors below and above as the building turns the corner from Regent Street into the access lane, There are a series of decorative, Y shaped support features above the space created by the set back of the ground and first floors at this point. The space at ground floor level could be used for outside seating/dining.
The ground floor windows are larger to reflect their commercial use which is not an uncommon treatment of buildings close to and part of the town centre with its shops, cafes, bars and offices at ground floor level (see image on next page).
The rear of the building will feature the same finishes as the front in terms of the Marker Building and the glazed link above the pedestrian walkway but the remainder of the building up to its meeting with Villiers House will be finished in coloured render with the same vertical proportioned windows but in champagne colour with similar coloured ventilator panels, a glazed section accommodating the stair well and the same decorative brickwork in a section alongside the glazed stairwell."
2.5 The proposed hotel building will sit within Villiers Square towards its western boundary with the rear service lane serving the properties on the eastern side of Duke Street and those on the southern side of Regent Street. It will accommodate a 52 cover restaurant, bar, kitchen, storage and staff facilities, entrance lobby, reception and lounge on the ground floor with a delivery lay-by at the rear, two stairwells and two lifts and a bin store. Above there will be five floors of hotel accommodation totalling 80 bedrooms. The building would be finished to match
"The space around and between the buildings is predominantly to be used for public leisure with outside seating and landscaping. The space is designed as public space in its own right as well as overspill from the surrounding buildings. The space could also accommodate events all year round, market stalls and outside exercise classes.
Hard surfacing will be buff coloured granite pavers. Car park ventilation would be incorporated into the design of the hard landscaping. A range of furniture will be provided.
New planting will incorporate a range of the following: Grey Alder, Cut leaf grey alder, shadbush, rowan, Largest Masterwort, Japanese Spindle Tree, Mrs. Robb's Bonnet, Knotted Cranesbill, Cranesbill Rozanne, Chilean Iris, Helleborus Purpurea, Sweet Box digyna, Japanese Skimmia Kew White, David Viburnum, oregano, rosemary and common sage which include species recommended in the Preliminary Ecological Assessment Report.
Pre-application advice from the Ecosystems Policy Team advised that due to the location, local species of plants and trees would not be necessary but to avoid invasive species. The scheme has done this and has, as advised chosen species which will add colour and interest both to the people who will use it as well as local ecology through the inclusion of vegetation rich in pollen and of interest to wildlife."
3.0 PLANNING HISTORY - 3.1 The site benefits from a very extensive history, however only the following are considered to be of particular relevance with respect to the comprehensive redevelopment of the site:
13/00163/B - erection of six storey residential development with underground parking and ground floor retail space (amendment to 04/00418/B) - permitted
04/00418/B - erection of a block of 60 residential units with ground floor retail space and basement parking on remainder of site - permitted
00/00638/B - erection of office building and basement level parking and formation of public open space - permitted 94/01480/B - development to site to provide multi-storey office accommodation with civic space and parking - permitted 92/00309/A - approval in principle for redevelopment to create office/retail accommodation with parking - permitted 91/00576/B - redevelopment of Villiers site - permitted 89/01194/B - construction of hotel/business centre with car parking - permitted
"Mixed Use Area 3 - Strand Street This area forms the core of the retail shopping area and is characterised by shops, food and drink uses, financial and professional services and other associated town centre uses such as hairdressers, beauticians and so on. The area is currently busy during daytime but quiet of an evening and it is considered that more residential uses would benefit the area and help support the night time economy. The primary shopping frontage is notated by the hatched line on Map
Town Centre - Mixed Use Proposal 3 There will be a presumption in favour of retail and ancillary town centre uses such as food and drink and health and beauty uses along the primary shopping frontage. Outside of the primary shopping frontage a wider variety of town centre uses including financial and professional services open to visiting members of the public will also be acceptable. Entertainment venues, offices and residential use will be acceptable at first floor level and above, but not at ground floor level where an active frontage should be maintained and enhanced. These active frontages are essential to sustain an attractive town centre."
i. Optimise use of land and buildings; ii. Unlock difficult sites; iii. Assist with a co-ordinated approach to development; iv. Improve the urban environment and visual amenity; v. Encourage further investment; vi. Provide for space for Douglas Town Centre to grow; and vii. Improve access and provide better linkages.
"Despite planning approval for a variety of uses having been granted, much of the site remains undeveloped and has done for some time. The site has a negative effect on this prominent area of Douglas and impacts on the appearance of the Promenade as a whole. The area fronting the Promenade should either be developed or its appearance improved by creating an attractive public space. Re-development of the wider area would not be discounted, although where existing buildings are attractive and have a sound fabric, they should be incorporated into any wider scheme. The Central Douglas Masterplan suggests there is opportunity to support the intensification of the high street through the removal of some buildings on Duke Street. The Villiers site CTA is also a strategic freight corridor and maintaining access for commercial vehicles, including HGV's, must be considered in any proposed development.
CTA Proposal 1 - The Villiers (Treatment Plan) Development of this area shall include office, leisure, retail, hotel, residential, entertainment venues, food and drink uses and public open space or a combination thereof; or the laying out of the site as public open space/town square in its entirety. Should built development not be brought forward independently of Government intervention, then consideration will be given to compulsory purchase of the site for either of the options described above."
"Within 12 months of the date when this plan is adopted, the Cabinet Office shall publish broad feasibility studies for each CTA reflective of the Treatment Plans set out above. The minimum details shall include:
Landscape Proposal 1 Requires applications to demonstrate that consideration has been given to the broad landscape strategies and key views described throughout Section 4.7 of the Plan.
Natural Environment Proposal
Telecommunications Proposal 1 New developments should:
4.3 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Strategic Policy 1 Efficient use of land and resources 2 Development focussed in existing towns and villages
9 New retail and office development to be located within existing town central on land zoned for such purposes 10 Sustainable transport
Spatial Policy
Environment Policy 4 Protection of species and habitats 5 Mitigation against damage to or loss of habitats 10 Development and flood risk 22 Protection of environment and/or residential amenity from pollution 35 Development in Conservation Areas
Business Policy 1 Growth of employment opportunities 7 New office development in town centre on land zoned for such purposes 8 Design and scale of new office development 9 Retail development to be at an appropriate scale to the existing area 10 Retail development in town and village centres 11 Sustainable tourism development
Recreational Policy
Infrastructure Policy 1 Development to take place in areas which will be connected to the IRIS drainage system
5.1 Our Island Our Future Economic Strategy (2022) and the Our Island, Our Future Visitor Strategy 2022-2032. Both of these documents emphasise the need for the Island to develop and grow and meet the needs of a targeted expanded national and visitor population and economy. The economic strategy includes objective to create better paid jobs and rewarding career opportunities for all, a modern, business friendly environment, infrastructure and amenities to be proud of and placing sustainability and climate change at the heart of the economy. The visitor strategy identifies the need to attract new modern serviced accommodation offers, such as coastal and harbourside boutique hotels, spa and thalassotherapy resorts and retreats, e-sports hotels, branded hotels, and contemporary pub rooms. - 5.2 Climate Change Act 2021 completed its passage through Tynwald in April 2021 and subsequently received Royal Assent in December 2021. The Act requires a statutory five-year Climate Change Plan to be in operation at all times, ensuring a clear direction for the Island to achieve net zero carbon emissions by 2050. - 5.3 The Climate Change Action Plan 2022-2027 was subsequently produced and published in July 2022 and outlines the actions Government must take to cut emissions over the next five years, so the Island remains on track to be net zero by 2050. The plan assigns a percentage emission reduction target to six policy areas, including energy, transport and agriculture that must be met. Some of the major actions include:
5.4 Isle of Man Economic Strategy 2022 Approved by Tynwald in November 2022, the Economic Strategy outlines a 10-15 year strategy which seeks to, "…build a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which positively impacts all residents on the Isle of Man".
To achieve this vision, the strategy aims to make the Island a more attractive and prosperous place to live and work which it states will sustain and grow productive businesses and services. The plan outlines a £1bn long term public and private investment programme to secure 5,000 new jobs and a £10bn economy with infrastructure that can support 100,000 Island residents over the next fifteen years to 2037.
5.5 Built Environment Reform Programme (2022) BERP is a two year programme of work set out to develop commitments in the Island Plan to build great communities. The document also promotes brown field sites for regeneration and ways to stimulate development in the widest terms. (Strategic Objective 4)
6.1 Douglas City Council - Following careful consideration of the above planning application
The Council's support is conditional upon all matters relating to highways being satisfactorily resolved and that all waste and recyclables are stored within the designated waste storage areas shown on drawing reference "Proposed Site Plan". That no waste/recycling receptacles are placed outside of the designated bin storage areas and that the applicant provides details on their calculations for the number of waste storage bins for the hotel complex as part of their waste management strategy to the satisfaction of the Council's waste services management team.
Reason: To protect the open space amenity and to ensure that the streetscene along this part of the Promenade, Regent Street and within the proposed Villiers Square public space areas are maintained to a high standard and do not become negatively impacted by the waste created by businesses operating within the proposed new buildings. (18.12.23)
6.2 Highway Services Initial comments
Further consideration on transport assessments, access, layout and off-site highway works are required to encourage visitors to the site to use sustainable transport modes, and off-set the development's impact on the local road network and parking.
These are summarised as follows:
The principle of the development is likely to be acceptable, but better planning and design of the site individually is needed along with consideration of the masterplan development sites impacts and improved proposals for off-site highway works to mitigate the impact of the development.
Separate permissions will be necessary with the DOI Highway Services after grant of planning consent for works in the highway under a S109(A) Highway Agreement. Highway Licences apply for temporary closures and traffic management on the public highway etc. An Oversailing
of the Highway Licence will be required if the bus shelter is incorporated under the building and is on adopted highway land. (17.11.23)
Second round of comments following submission of additional information. Each comment is made against the previous points raised by Highway Services and in relation to the information provided.
The principle of the development is likely to be still acceptable, but there are still some transport items that need to be addressed to resolved highway safety, planning, accessibility and servicing. Separate permissions will be necessary with the DOI Highway Services after grant of planning consent for works in the highway under a S109(A) Highway Agreement. Highway Licences apply for temporary closures and traffic management on the public highway etc. An Oversailing of the Highway Licence will be required if the bus shelter is incorporated under the building and is on adopted highway land. (19.03.24)
Following the submission of the above comments by Highway Services, the applicant provided the following responses in relation to the above points on 28.03.24:
While it is the Applicant's aspiration to include the bus stop in the location shown on the submitted drawings and to explore reconfiguration of the existing footpath, it is not essential that the geometry of the footpath is changed. The recessed façade shown on the elevations will be maintained in any event.
Regarding the suggested realignment of the current bus stop / layby area that lies outside of the Villiers Square site along Loch Promenade, it is recognised that further discussion with Bus Vannin and DOI Highways will be required and again, we respectfully suggest that those discussions can be held as part of possible off-site works. The planning application drawings / documents indicated that approach. (It may well be that the current bus stop arrangements remain as they are currently configured, which is why the offsite works approach was adopted so as not to unduly delay the planning approval for the development).
As stated in paragraph 13 of the Bryan G Hall technical note, the Applicant intends to discuss the servicing strategy for the development with both Bus Vannin and DOI as part of the proposed off-site works referenced above. It should be noted that the Applicant's design proposals improve the servicing arrangements for the development by including a layby to the rear of the hotel building along Fort Street - a significant betterment that is in addition to the servicing arrangements currently located along Loch Promenade and access to / from Regent Street and Strand Street. The Applicant respectfully suggests that the possible off-site works should not adversely impact the time for determining the current application.
In addition to the above, the Applicant understands that the Planning Department holds a similar view namely; that the Villiers Square development would not be required to be included in the cumulative assessment for the purposes of determining the current application. (As mentioned in the Technical Note, the Applicant will supply relevant trip data for inclusion in the Systra modelling - for information purposes only and to assist with this work.) In summary, the Applicant maintains that it was agreed with the Planning Department and DOI Highways that the Villiers Square development would not be included in the cumulative modelling assessment with respect to the current planning application.
In reply to the above points provided by the applicant, Highway Services provided a subsequent and final response in relation to their original points raised.
6.3 Highways Drainage - No response received at the time of writing. - 6.4 Manx Utilities Authority (Drainage) - Foul and surface water connections must be discussed with MU prior to any work commencing on site. (01.12.23)
MU can confirm we are happy with the drainage proposals. There is sufficient capacity where the SW discharge is being proposed, therefore we have no issues. (05.04.24)
6.5 Flood Risk Management - FRM are happy with the application and have confirmed that AOD = DO2. Recommend that Section 7 of the submitted FRA be conditioned. (13.11.23) - 6.6 Registered Buildings Officer - The application proposes to construct three buildings, two of which are physically connected at high level. One proposed building sits on the corner of Loch Promenade and Regent Street, the second building sits along the site's Loch Promenade boundary, and the third building would be sited towards the eastern side of the site. The proposed buildings would be a mix of five and six storeys high, with areas of roof mounted plant above. A public space is proposed in the centre of the site, and parking accommodated within a basement. The external wall materials proposed are a combination of facing brickwork, painted render and metal cladding, with elements of curtain walling as well as windows.
A Heritage Impact Assessment has been submitted as part of the application documents. The document uses the measures of significance established in the Australia ICOMOS Burra Charter from 2013, which is considered to be an acceptable and well-established approach.
Paragraph 1.6.1 of the IOM Strategic Plan 2016 states that 'where there is no Manx guidance, it will often be appropriate and helpful to have regard to legal judgments or advice published in the UK or the EU.' With this in mind, it is considered appropriate to refer to the UK's National Planning Policy Guidance in relation to assessing potential harm to the significance of a heritage asset. Paragraph 18a-018 states 'Where potential harm to designated heritage assets is identified, it needs to be categorised as either less than substantial harm or substantial harm (which includes total loss)'. The paragraph goes on to state that 'in determining whether works….constitute substantial harm, an important consideration would be whether the adverse impact seriously affects a key element of its special architectural or historic interest.' In the absence of any Manx guidance, it is the above UK guidance that will be used to assess whether the level of harm from the proposals is likely to be substantial, less than substantial, or no harm (which includes enhancement).
Impact on nearby Registered Buildings Jubilee Clock The application site is located approximately 100m from this Registered Building. The sweep of buildings along Loch Promenade form one of the principal backdrops of the Jubilee Clock, and make a significant contribution to its setting. Although obviously modern and in a form that is clearly intended to break up the development's overall massing, the proposed buildings are judged to respect the historic building line and to be of a height that is broadly commensurate with the surrounding townscape. It is considered that the re-introduction of the buildings along the Loch Promenade frontage of the application site in the manner proposed will cause no harm to the significance of the Jubilee Clock.
Douglas Borough War Memorial The application site is located approximately 600m from the War Memorial. Although not close enough to impact the memorial's immediate setting, the frontage along Loch Promenade does form part of the memorial's backdrop and has potential to impact its wider setting. When viewed from a distance of 600m, it is considered that only the form and massing of the proposed buildings would be significant within a view. As mentioned above in the section relating to the Jubilee Clock, the proposed buildings are judged to respect the historic building line and to be of a height that is broadly commensurate with the surrounding townscape. With this in mind, and particularly when compared to the currently vacant site, the proposals are considered to cause no harm to the setting of Douglas Borough War Memorial.
Other Registered Buildings The applicant's Heritage Impact Assessment analyses the potential impact on four other registered buildings in addition to the Jubilee Clock and Douglas Borough War Memorial. Given each building's respective position relative to the application site, I agree with the assessment's conclusion that the proposed development would cause no harm to these buildings.
Impact on the special character of the Douglas Promenades Conservation Area One of the most significant aspects of the special character of the Douglas Promenades Conservation Area is the sweep of buildings along its frontage. It is judged that the currently vacant nature of the application site causes significant harm to this element of the Conservation Area's character. Furthermore, it is judged that this harm is currently increased by the partly completed building site on Duke Street that is visible through the application site. The reintroduction of a strong building line along the Loch Promenade elevation of the site is considered to be a positive proposal. Although there is a significant difference in height between Admiral House and the building proposed in the northernmost corner of the application site, the overall height across the site is considered to be reasonable when compared to the surrounding townscape.
The proposed presence of rooftop plant on both buildings along the Loch Promenade boundary is unfortunate, and it is judged that this will reduce the otherwise positive impact that the buildings would have. These areas of plant would be particularly visible when viewing the site from further north along the promenade, and it is judged that the scheme would have been improved if this plant had been accommodated within the overall massing of the proposed buildings.
In addition to the assessment of the height mentioned above, the form and rhythm of the proposed Loch Promenade buildings is judged to be such that it respects the adjacent buildings. With the above factors in mind, overall the proposed Loch Promenade elevation is considered to cause no harm to the special character of the Douglas Promenades Conservation Area. Impact on important views into and out of the Douglas Promenades Conservation Area Environment policy 36 uses the words 'Where development is proposed outside of, but close to, the boundary of a Conservation Area'. Although this application is sited inside the conservation area, it is still judged that the position and scale of development proposed could impact important views into and out of the conservation area.
The application site is in a prominent position towards the southern end of the conservation area. The proposed design of the Loch Promenade elevation is considered to be in a manner that respects the existing building line and rhythm. Although the roofs of both buildings are judged to be negatively impacted by the visible areas of plant, and it is considered that the design would be improved greatly by their removal, overall this elevation is judged to cause no harm to the important views into and out of the conservation area.
In addition to the views along Loch Promenade, the view looking towards the sea from the western half of Regent Street (outside 1886) is considered to be an important view into the conservation area. The western elevation of the 'Block A Marker' building will be extremely prominent in this view. From the western end of Regent Street the solid wall at second, third and fourth floor on this elevation is of some concern, as it is judged to present a rather brutal and possibly unwelcoming entrance to both the proposed development and the conservation area. In my view, the proposed scheme would be significantly improved by a softer treatment being applied to this portion of the elevation. It is judged that the scale, form and massing of this particular elevation as currently proposed does harm this important view into the conservation area. I would consider this harm to be less than substantial, however, as it would not seriously effect a key element of the conservation area's special interest.
CONDITIONS It is considered that the overall appearance of the proposed development, and therefore to a certain degree its impact on the conservation area, will be significantly impacted by the standard of finishes used. With this in mind, the below conditions are suggested in the event that the application is recommended for approval:
External Finishes: No development shall commence until sample details of cladding, windows, external doors and rooftop plant room louvres have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and be retained thereafter.
Reason: In the interests of preserving the character and appearance of the Conservation Area and surrounding area.
Facing Brickwork: No development shall commence until panels of all variations of brickwork proposed, including movement/mortar joints, have been erected on site (or an alternative location) and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and be retained thereafter.
Reason: In the interests of preserving the character and appearance of the Conservation Area and surrounding area. (09.11.23)
6.7 Manx National Heritage - the site is largely on made ground, however I had noted that the Hotel / Block B partially overlies buildings that are marked on the Ordnance Survey First Edition of the 1860s. Part of the ground on which those structures stood is likely already to have been disturbed during excavation and construction of the underground carpark, the entrance for which is adjacent.
On further reflection, however, it is possible that elements of the sea-wall may survive under part of the footprint of the proposed hotel, and this would be worthy of recording if the foundation design is such that substantial ground disturbance is necessary. (01.12.23)
Noting the status of Loch Promenade as a conservation area (first designated in 2002), we have carefully compared the height of the proposed frontages of the northernmost element of Block
A on both the Loch Promenade and Regent Street, and wish to record our substantial concern over the scale of this building in relation to its neighbours.
Whilst the more southerly element of Block A ties in reasonably well with the former AXA building (now Lloyds Bank), the more northerly element rises to a maximum of 24.75m above finished ground floor level (as scaled from the online plans). For comparison, the tallest element of the roof of Admiral House - the isolated turret - on the north side of Regent Street is just 19m tall: expressed another way, the new development is 30% taller than Admiral House, which itself is the tallest existing building in the vicinity and sets the existing character tone for much of the surrounding conservation area.
Even allowing for the fact that the tallest part of Block A - the rooftop plant area - is set back from the Regent Street frontage, as is the fifth floor to a lesser degree, the new building reads as fully two storeys higher than its neighbour on Loch Promenade as will be apparent in views along the promenade and from out to sea, and completely dwarfs the rest of the buildings on the south side of Regent Street. We note that the building is slightly more than twice as high as Regent Street is wide. Given its location to the south of Admiral House, there is a danger that it will deprive this existing building of light during the day, as well as placing the streetscape in shadow at street-level.
We therefore cannot agree with the assessment submitted by the Department's Registered Buildings staff that the scheme is 'reasonable', that it 'respects the adjacent buildings', and that it would 'cause no harm to the special character of the Douglas Promenades Conservation Area'. (04.12.23)
6.8 DEFA Biodiversity - The Ecosystem Policy Team can confirm that the Manx Wildlife Trust's (MWT) Preliminary Ecological Appraisal (PEA) for Villiers Square dated October 2022, is all in order and that a suitable level of assessment has been undertaken. The MWT determined that the ecological constraints on site were limited to the following:
Potential for damage to Douglas Bay Marine Nature Reserve during construction - requirement for a Contraction Environmental Management Plan (CEMP).
Low potential for roosting bats in the building which could be damaged or destroyed by demolition and/or lighting - requirement for a preliminary roost assessment of the buildings and lighting designed to avoid impacts on bats.
Potential for nesting birds in the trees and buildings on site - requirement for retention of vegetation or replacement of vegetation and timing of vegetation removal outside of the nesting season. The MWT also identified potential nesting space for cavity nesting species on site, but did not recommend any additional assessment or mitigation. Therefore, one of the following 2 options should be chosen from.
Potential for spread of non-native invasive Wildlife Act Schedule 8 listed montbretia during construction - requirement for a CEMP which includes responsible avoidance and eradication plans.
Though not referenced within the MWT's PEA, the Ecosystem Policy Team are aware that blackbirds have previously bred on site (this is noted on Page 49 of the Planning Statement). The vegetation on site, previously used by blackbirds, is to be removed and so compensation is required. We recommend that compensation is provided in the form of at least 1 swift nest
brick high up on the new building on a north east - north west elevation but not above windows, doors or balconies. A condition for this is requested below.
The Ecosystem Policy Team recommend that the following conditions are secured on approval:
No works to commence unless a Construction Environmental Management Plan has been submitted to Planning and approved in writing. The plan must include measures to be put in place during construction for the protection of Douglas Bay Marine Nature Reserve, such as the use of spill kits, secure storage areas, biodegradable oils, use of oil and silt interceptors, good waste management and litter prevention measures etc., and for the protection of nesting birds and roosting bats, such as the timing of vegetation removal and pre-clearance checks. It must also include a responsible avoidance and eradication plan for Wildlife Act Schedule 8 montbretia. The works must then be undertaken in strict accordance with this agreed plan.
No works to commence unless a preliminary bat roost assessment has been undertaken on the buildings by a suitably qualified ecological consultancy and a report detailing the findings has been submitted to Planning and approved in writing. Should the assessments find evidence of roosting bats, then further survey may be required as will details of avoidance and mitigation measures which may include requirements for the timing of building demolition and the provision of new roosting spaces.
No works to commence unless a breeding bird mitigation plan has been provided to Planning and approved in writing. The plan should contain the results of a breeding bird assessment on the buildings, or the measures to be put in place on the assumption that breeding birds are present in the buildings. The plan must also contain details of at least 1 swift nest brick to be built into the new buildings.- To note, swifts like to nest communally so we recommend that at least 2 are provided (there is space on the building to provide multiple).
No external lighting to be installed unless a sensitive low level lighting plan, following best practise, as detailed in the Bat Conservation Trust and Institute of Lighting Professionals Guidance Note 08/23 - Bats and Artificial Lighting (2023) has been provided to Planning and approved in writing. (15.11.23)
The Ecosystem Policy Team further recommend that a condition is secured for no works to commence unless a detailed landscaping plan, which includes greater levels of detail about the creation of the green roof, and 5 year post-planting management schedule, has been submitted to Planning for written approval. Though we are content with the landscaping details that have been provided thus far, no details have yet been provided regarding the creation and management of the green roof, or other landscaped areas. (19.02.24)
6.9 Department for Enterprise - Business Isle of Man supports this application.
The site, identified as Strand Street character area within the Central Douglas Masterplan, is now incorporated as Mixed Use Proposals Areas within the Area Plan for the East which came into force on the 1st December 2020. The site is also identified as I-JUS 17 on the Unoccupied Urban Sites Register which we understand is 'intended to facilitate the re-development of previously developed sites within existing settlement boundaries of key service centres that are currently vacant and underused, by providing an easily accessible data source that clearly identifies and maps unoccupied urban sites on the Island'. This site is one of the largest of Douglas' key brownfield sites, so its redevelopment would deliver on Our Island Plan's 'National Outcomes & Indicators' which identifies the redevelopment of two key Brownfield sites using substantial private sector leverage as a key performance indicator.
The site is also the subject of a Comprehensive Treatment Area as designated within the Area Plan for the East. CTA Proposal 1 - The Villiers (Treatment Plan) sets out that;
"Development of this area shall include office, leisure, retail, hotel, residential, entertainment venues, food and drink uses and public open space or a combination thereof; or the laying out of the site as public open space/town square in its entirety. Should built development not be
brought forward independently of Government intervention, then consideration will be given to compulsory purchase of the site for either of the options described above"
With the exception of the provision of residential, the scheme appears to deliver on the basis of the Comprehensive Treatment Area — Proposal 1.
The provision of office space within the development corresponds with the basis of the Isle of Man Strategic Plan 2016's Business Policy 7 which seeks to ensure that new office floor space should be located within town and village centres. The Business Agency carried out a 'pulse check' of the Island's Office, Retail and Industrial provision with the Island's commercial agents over the Summer 2023 period and noted some interesting outputs. In terms of office space, a number of the agents remarked that office enquiries have picked up this year, but it remains a struggling sector which the Commercial Agents consider is due in part, to the scale and quality of the existing office space market. Their feedback is that smaller suites around 500-1,000sqft are sought-after with the greatest demand being for open plan offices under 5,000sqft and whilst there is an abundance of office space of this size, the provision tends to be of the older, more cellular floor plan type, which are more difficult to alter to meet modern office requirements and could not could be considered to be of grade A standard.
The survey also noted that the market for office space in excess of 10,000sqft was not well served and with the Department's Agencies continuing to engage with Digital-based businesses interested in re-locating to the Island, with the highest number of e-gaming licenses to date, a target of 90 for the year and 84 licenses approved to date, consideration is that there are businesses looking for such opportunities. This provision therefore, would correspond with the actions and goals set out in the Economic Strategy 2022-2032 which state that we will create a modern, business-friendly environment and in so doing, assist in creating and filling 5,000 new jobs across new, enabling and existing key sectors, by 2032, reaching an overall GDP of £10bn.
In respect of retail, the Summer 2023 industry 'pulse check' indicated that the marketplace is strong with relatively low vacancy levels in comparison to the UK, born out in the CACI report commissioned by the Business Agency which is currently being updated. The agents suggest that the high street has recovered better here than in the UK, with Strand Street strong and a number of the agents suggesting the strength of high street relates to the Strategic Plan's Strategic Policy 9, Business Policies 9 and 10 driving retail into the town centres and the resultant lack of out-of-town retail.
A street survey of some 628 people was carried out during the Summer of 2023, that strongly indicated that those surveyed wished to see more High Street multiples from the UK locate here which would result in units the size of units that would normally be found out of town. The provision of retail unit opportunities within this scheme would support that aspiration.
The Business Agency considers that the proposals deliver on a key metric in the Island Plan to key Brownfield sites using substantial private sector leverage, and represents substantial investment in the Island's economy which would also play an important part in supporting the development of a strong and diverse economy, which is sustainable, ambitious and built on firm foundations to provide economic success, rewarding career opportunities and prosperity which positively impacts all residents on the Isle of Man and in so doing, aligns with the drivers of the Economic Strategy. (21.11.23)
6.10 Visit Isle of Man - The Our Island Our Future Visitor Economy Strategy 2022-2032, endorsed by Tynwald in May 2022, includes a Visitor Accommodation Transformation Action Programme that seeks to develop 500 new and transformed hotel and serviced accommodation bedrooms and 500 new units of distinctive, contemporary, eco-friendly non-serviced accommodation to support visitor number growth over the next 10 years.
Programme 3 (Visitor Accommodation Transformation) of the strategy highlights that our visitor accommodation studies have shown that we are lagging behind our competitor island, coastal and rural destinations in terms of the quality and choice of visitor accommodation that we offer. Investment needs to be secured in distinctive, contemporary and ecofriendly visitor accommodation that will attract new visitor markets to the Island, help to boost off-peak demand, and enable the Island to get ahead of the competition.
The development would see the creation of an 80 bedroomed hotel with facilities including ground floor restaurant and bar.
The Our Island Our Future Visitor Economy Strategy states that our priority to 2032 will be to triple our holiday and short break demand with over 70% of our additional visitors staying for such purposes. The strategy has four target markets to grow and attract including 'Traditional Traveller', 'Curious Explorers', 'Experience Seekers' and 'Family Adventurers'. Development of new hotel accommodation will add to the growth of these markets, specifically the 'Family Adventurers' who look for family-orientated accommodation. Document '2301223B Design and Access Statement 9 of 9' on the planning application states there will be a total of 55 family bedrooms which would satisfy the family market. There is also 5 accessible bedrooms which will add to the Island's accessible bed stock, which shows alignment with the Equality Act 2017. At present, the Isle of Man has a limited number of accessible bedrooms within the serviced sector.
It is anticipated that this development will create a number of jobs in the tourism and hospitality sector. The creation of jobs supports Visit Isle of Man to achieve its targets under Programme 7 (Talent Development) of the Our Island Our Future Visitor Economy Strategy.
The need for new hotel developments is further supported by the Department's commitment within the Enterprise Act 2008 highlighting 'new hotel accommodation 3* and above (whole business, sole business)' as eligible for financial support and encouraged. The justification is as follows:
From an Area Plan perspective, we note that the site is located within the Strand Street Mixed Use Area designated in the Area Plan for the East approved by Tynwald on the 18th November 2020, and the redevelopment of the site for visitor accommodation is entirely in keeping with that designation. We also note that the site proposals are to redevelop an unoccupied urban site, which is not included on the formal Unoccupied Urban Sites Register, does deliver on the Island Plan's strategy to redevelop our brownfield sites.
The site is also subject of a Comprehensive Treatment Area proposal with the Area Plan for the East. That proposal is as follows:
CTA Proposal 1 - The Villiers (Treatment Plan) Development of this area shall include office, leisure, retail, hotel, residential, entertainment venues, food and drink uses and public open space or a combination thereof; or the laying out of the site as public open space/town square in its entirety. Should built development not be brought forward independently of Government intervention, then consideration will be given to compulsory purchase of the site for either of the options described above.
It is anticipated that the development would achieve a high quality finish satisfying a number of elements highlighted as growth potential within strategic documentation which will be in sympathy with the Departments policy to encourage a quality visitor experience to ensure the Island remains a competitive as a destination.
The Department for Enterprise has already supported this development through the Island Infrastructure Scheme to support the development of brownfield sites across the Island.
For the reasons set out above, Visit Agency Officers are thus fully supportive of this application. (07.11.23)
6.11 Isle of Man Fire Service - Our primary planning concern was around high reach appliance access to the proposed hotel, this has been confirmed as in accordance with ADB. We will now continue to engage with the developer in regards to internal matters which do not relate to planning. (13.03.24) - 6.12 Isle of Man Constabulary - we would primarily be looking for the safety and security of all those using and residing within the facility as well as crime prevention in that the public feel safe when using or travelling through the facility.
Before all that comes the physical build and developers should be mindful of having robust perimeter fencing on site, an alarm system in place and any site cabins to be suitably fitted and secured, especially in respect of any fuel or the storage of materials and equipment. Contact details of the developer should be displayed in case of an emergency in case of such or any suspicious behaviour reported by staff or members of the public. Mobile or part time CCTV can be effective in preventing thefts and aid the security of the site.
A concern would be with the public open spaces and that the environmental design of this space does not attract anti-social behaviour or give opportunist criminals the space to hide or indeed commit crime. Good use of the space where a criminal would feel vulnerable would prevent crime, which includes lighting, surveillance (natural and by CCTV). Street furniture and planting of trees or shrubbery to be considered as part of this, and the lighting should be so that it doesn't impact those residing in the dwellings.
The retail space will have passing surveillance, as well as CCTV and specifics such as doors, locks, windows and glass to meet British Standards for commercial premises. Any access control to these spaces should again meet the required British Standard and this goes for the hotel, entertainment space as well as the food/drink outlets. They all have their vulnerabilities and the police would seek that measures are in place for the prevention and detection of crime.
The Isle of Man Constabulary support the application and welcome the development in changing the face of Douglas Promenade and it's City Centre. (05.02.24)
6.13 Environmental Health - No response received at the time of writing. - 6.14 Manx Utilities Authority (Electricity) - We have had prior engagement with the developers electrical consultants. The proposals include a new substation building which is located to the West of the Hotel block B, however the planning drawings only show a rectangular outline with no text or detail to identify it as the substation building. We assume the substation would be orientated with doors opening towards the vehicle lay by area and should have lowered kerbs to assist heavy equipment installation. (09.01.24) - 6.15 Planning Policy - The relevant statutory development plan is the Area Plan for the East
(2020). The site is inside the town centre boundary and within a Mixed Use Proposal Area described as 'Strand Street'. The relevant policy wording is set out in Town Centre - Mixed Use Proposal 3: Town Centre - Mixed Use Proposal 3 states:
There will be a presumption in favour of retail and ancillary town centre uses such as food and drink and health and beauty uses along the primary shopping frontage. Outside of the primary shopping frontage a wider variety of town centre uses including financial and professional services open to visiting members of the public will also be acceptable. Entertainment venues,
Offices and residential use will be acceptable at first floor level and above, but not at ground floor level where an active frontage should be maintained and enhanced. These active frontages are essential to sustain an attractive town centre.
The site falls within a larger area identified as a 'CTA' or Comprehensive Development Area. Feasibility Studies have been prepared for all five highlighted CTAs in line with CTA Proposal 6 (General) on the approved Area Plan. CTA 1 covers the site which includes the Villiers (please see Annexe 1). I draw your attention in particular to the Recommendations section on page 22. Please note the document was published in 2021. The Department has not taken any steps to compulsory purchase any land in CTA 1 or any other CTA area.
The Area Plan identifies the application site as DM003g on Map 5 and an indicative number of residential units is set out as 17 (see Table 19). There is no specific development brief.
As part of your deliberations, I would like to draw your attention to the 'Objectives' and 'Desired Outcomes' for the East's town and village centres set out in Chapter 9 'Town Centres'. (04.12.23)
6.13 Isle of Man Natural History and Antiquarian Society - Note that there is no specific archaeological assessment undertaken as part of this proposal. Adjacent properties on its western side i.e. those fronting Duke Street are known to contain cellars and evidence of domestic houses and cobbles at basement / cellar level. The Society would therefore consider that the opportunity should be taken to have an archaeological assessment undertaken of the site as part of the application and a condition requiring at minimum a watching brief on archaeology by Manx National Heritage attached to any consent. Request an archaeological assessment be undertaken before the proposal is progressed. (28.11.23) - 6.14 A total of 3 private letters of private representation have been received. These have been received from the owners of nos. 42-50 Dukes Street, from CBRE on behalf of Lloyds Bank Plc, and from the owner of the ground-floor shop at no. 7 Regent Street. The following providing a brief summary of their content only. Full details can be found on the online planning file.
7.1 The main issues to consider in the assessment of this planning application are as follows:
"The architectural approach taken in this current application is to create building which responds to and replicates the importance architectural elements identified in the Appraisal the repetitive rhythm of vertical bays, the horizontal elements defined by the flat roof and different materials in the top floors as well as creating a corner feature as achieved by Admiral House, providing a distinct identity to the location of Regent Street within the promenade, and which is one of the principal entrances to the Island's main shopping area. The section of the Promenade between Regent Street and Victoria Street (incorporating the application site) has a closer association in form and function with the buildings to the south. These buildings are commercial whereas those to the north are largely hotels with a similar and largely Victorian appearance and style. What is proposed will align with the buildings to the south, visually marking the change from hotels to commercial uses.
The building is subdivided into a number of different sections, creating visual interest and distinctiveness in the streetscene without the building appearing out of keeping either in terms of its height, materials or character. The proposal is therefore considered to satisfy Environment Policy 35 and Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man CA/2."
not considered this aspect of the design to be harmful and indeed constitute an unusual but not unpleasant design feature which adds interest to the western elevation when viewed in its entirety.
"58 Duke Street has a first floor rear terrace serving a restaurant and a flat above. An appeal into refusal of an application for the creation of the first floor rear terrace (09/01473/B) found that concerns about the impact of the proposed terrace on the living conditions of those in the apartment above were insufficient to justify a refusal and the inspector notes, the appeal property is in a town centre location, where residents would expect a higher level of noise and activity than either in a suburban or countryside locality" and went on to comment on the opening hours of the restaurant (2300hrs). Duke Street is understood to have flats at second floor level.
42-50, Duke Street has permission, which has been commenced but not completed, for a mixed use development with retail use on the ground floor and residential accommodation above with bedrooms, kitchen/dining/lounge areas, a stairwell and lift in the section backing onto the rear service lane.
The proposed development has been designed with regard to its impact on these existing and proposed buildings. The marker building, by virtue of its necessary height and status will inevitably have an impact on the outlook from and light to windows in the southern elevation of Admiral House. However, it is notable that this building is a private hotel whose rooms would not ordinarily be permanently occupied. In addition, the visual contribution of this building to the promenade depends upon the inclusion of a status building on the corner. This may have an impact on adjacent buildings but this is not dissimilar to the impact shared by those other buildings on similar corner plots along the Promenade. The height of the majority of the building is predetermined by that of Villiers House and if the corner element is to step up, this results in a six storey building to the south of Admiral House. The proposal introduces only a single additional floor on the corner marker building which is not considered unreasonable or unacceptable in this case.
The hotel building will have an impact on the buildings which back onto the rear service lane. These existing buildings are largely commercial although it is understood that there are residential premises on the upper floors of 52 Duke Street and permission has been granted, although not yet fully implemented, for the creation of apartments at 42-50, Duke Street. These properties have windows which look towards the proposed hotel although this element of the proposed development has been designed with its windows positioned so that they are generally not looking directly towards living space of any of the existing or approved residences. In the case of the southern section of the proposed hotel, these windows which look towards the living space of the apartments in the southern section of the approved development, are almost 20m away, as recommended in the Residential Design Guide. The RDG also makes a distinction between different types of rooms with primary habitable rooms including living, dining and kitchen/dining rooms but bedrooms constitute secondary habitable rooms.
The city centre location of the proposed development necessitates particular attention to making the best use of sites, as is advocated in Strategic Policy 1 whilst having regard to other critical constraints as set out in General Policy 2 and the other relevant policies applicable to the development. It is clear from the decision taken in respect of 09/01473/B above that the town centre location of that site, which abuts the rear lane adjacent to the application site, is a factor to be taken into consideration when determining development proposals in this area and the reasonable expectations of those living in such a location in terms of activities, noise, disturbance and we would add, the layout and proximity of buildings to each other. This is noted in the Residential Design Guide where it states at 7.5.6 "In dense urban areas, where there is already a level of mutual overlooking, a lesser standard may be acceptable."
It is also notable that the proposed use of the closest building to these existing residences, is as a hotel where the occupants will be seeking as much privacy and lack of disturbance as those who may live alongside, compared with, for example, a self-contained bar or restaurant which would be acceptable in principle on the application site. The proposed hotel is positioned to the
east of the existing and approved buildings on Duke Street and as such there is not likely to be a significant impact on sunlight on these properties (the Residential Design Guide identifies concern where new buildings are to be located to the south of existing properties (paragraph
Whilst there will be an impact on the outlook of these properties through the presence of a new building to the rear, the nature of the city centre location is such that buildings are typically closer to each other whether this is face to face across narrow pedestrian streets such as Duke Street and Strand Street, or back to back such as between the rear of the promenade hotels and the rear of the commercial buildings on Strand and Castle Streets.
It is considered that, taking into account the design approach and position and orientation of windows in the hotel building, the context of the site and its town centre location, that the impact of the proposed development on the living conditions and amenities of those alongside the site is acceptable and considered to be in accordance with General Policy 2 and the Residential Design Guide. In addition, the residents will have access to new areas of landscaped public open space rather than as at present, an under used and unattractive area and rear lane."
"Prior to the application being submitted, Ecosystems Policy Team were approached and their advice was that they identified the benefit of improving the public realm and biodiversity in built up areas has positive wellbeing benefits. They acknowledge the very limited current ecological interest due to the significant areas of hard surfacing, albeit that blackbirds were nesting within the site and recommend that any site clearance is undertaken outside of the bird nesting season which the applicant will respect. They suggest that the height of the building is highly suitable for swift and starling nest boxes ideally integrated boxes which would not have an impact on the appearance of the building, high up on northerly elevations in between windows. They suggest that whilst the development is being undertaken, the proximity of the Marine Nature Reserve should be noted and responsible construction practices adopted and suggest that any art installations could have a local marine theme "to highlight the amazing biodiversity that is mostly hidden but so close by". They also suggest introducing plants with acknowledged biodiversity benefits within the landscaping scheme and advise against the introduction of certain species.
Further to this, the applicant commissioned a Preliminary Ecological Appraisal report which is also attached to the application. This found that whilst there are sites of ecological interest within the vicinity, these are not well connected to the application site. It found that there are no records of rare or protected species on or within 500m of the site (which includes the beach, harbour and sea), there are records of two non native invasive species which are on Schedule 8 of the Wildlife Act, 1990, 13 records of fungi none which are Red list species and 11 records of birds although these records may not be complete. There are also 32 records of invertebrates one which are rare or protected, 4 records of bats although with no evidence of roosting. It refers to several urban trees within the site which are not Registered and which do not contain any features which would result in them being of value to bats or birds. The PEAR identifies potential risk to wildlife during construction and potential loss of habitat although the report identifies only opportunities for nesting on the flat roofed structures and potential for cavity species such as house sparrow with no roosting opportunities identified for bats and with little opportunity for foraging.
The scheme responds to this advice through the selection of species which offer interest and shelter for wildlife and replace what little vegetation exists on the site with more appropriate and manageable species suitable to this urban environment and include some of the species recommended in the PEAR where these are appropriate to an urban environment of public open space.
The scheme involves the enclosure of bins to prevent nuisance caused by pigeons and gulls gaining access."
"A description of the local highway network in the vicinity of the application site has been provided, including Loch Promenade, Regent Street, Fort Street and Victoria Street. The results of existing weekday morning and evening peak hour survey of Regent Street and Fort Street have been provided, which show that the local highway network is presently operating well within its traffic carrying and environmental capacity and in a safe manner. A review of Personal Injury Collision data has not identified any significant highway safety issues.
It has been shown that the application proposals will improve accessibility in the local area and that site is highly accessible to employment/public amenities in Douglas including the Town Centre and public transport services on the Promenade and Victoria Street. On this basis it is concluded the application site is highly accessible to population areas in Douglas and on the wider Island and public amenities in Douglas by active modes of travel and public transport in accordance with Transport Policies 1 and 2 of the Strategic Plan and the aims and objectives of the Active Travel Strategy and the Net Zero Emissions by 2050 action plan.
To further encourage people to walk, cycle or use public transport, a Travel Plan also accompanies the planning application.
The application site is highly accessible by alternative modes of travel to the private car. On this basis it is concluded the application site is highly accessible by active modes of travel and public transport and therefore the proposed 50 car parking spaces (Net increase of 34 spaces on the site) accord with the policies and parking standards in the Strategic Plan.
The Assessment has shown that in the year 2028, the local highway network can accommodate development generated trips, without detriment to the safety or convenience of users of the local highway network.
It therefore concludes that vehicular and non-vehicular access to the application proposals accord with the policies of both the Isle of Man Strategic Plan, 2016 and the Area Plan for the East, 2020, and hence that the trips which they are likely to generate can be accommodated on the local highway network without detriment to the safety or convenience of its users."
"It has been observed and Douglas Borough Council have advised the applicant that refuse vehicles currently use Fort Street and travel south between buildings No.14 and 16 on to Victoria Street. The personal injury collision analysis showed no highway safety issues at this point. It is acknowledged that this movement is tight and there is evidence of damage to the existing kerbs in this area. In line with the vehicular trip rates set out within the TA, the proposed development will introduce an average of one additional heavy goods vehicle on Fort
Street per day. This will occur at varying times of the day, however the peak periods are likely to be avoided as is typical for servicing movements as evidenced by the existing counts of Fort Street summarised at Appendix BGH5 of the TA.
This is an existing issue for larger sized vehicles and the proposals will not materially increase the number of daily large servicing vehicles using Fort Street during the peak periods. The issue of improvements to this section of Fort Street has been discussed with the DOI previously in the context of wider city centre masterplan improvements planned to come forward. The Applicant has previously discussed the DOI aspiration of improving Fort Street utilising a shared surface approach. It would appear that works to drop the footway and kerbs between No.14 and No.16 Victoria Street could be undertaken as part of that street upgrade.
The servicing strategy will be discussed in the proposed meeting with Bus Vannin and DOI, as this will be impacted upon by any changes to the servicing area and bus stops on Loch Promenade. It should be noted that the inclusion of a layby to the rear of the hotel will improve the servicing of the development. This is in addition to the existing servicing layby on Loch Promenade which facilitates deliveries to Villiers House and other properties in the area and the accesses available to retailer on Strand & Regent Street. Following this meeting, a servicing strategy will be prepared setting out the strategy for the office and hotel uses."
2100) event, with the associated risk having been used to inform mitigation design measures.
8.1 The application site is identified for development and the proposal is judged to comply with the site allocation, as further detailed within Comprehensive Treatment Area Proposal 1. The proposals are considered to constitute a high standard of development in a prominent location within the Conservation Area, without resulting in a significantly adverse impact upon the amenities of occupants of surrounding buildings, including the amenities of future residential properties within the site's immediate vicinity. The proposals are deemed to give rise to a positive impact upon the character and appearance of the wider Conservation Area by redeveloping a prominent gap site, whilst further providing increased employment opportunity and additional serviced tourist accommodation, to the benefit of the local economy. - 8.2 The proposals would further not result in a detrimental impact upon the safety and convenience of the local highway network, whilst further bringing about improvement to the immediate highway network. The development is therefore deemed to comply with Strategic Policies 1,2,4-6,9,10, Spatial Policy 1, General Policy 2, Environment Policies 4,5,10,22,35,4143, Business Policies 1, 7-11, Recreational Policy 3, Transport Policies 1,2,4-8, Infrastructure Policies 1,5 and Community Policies 7,10,11 of the Isle of Man Strategic Plan 2016, relevant policies of the Area Plan for the East 2020 and the Residential Design Guide 2021. It is recommended that the planning application be approved for the reasons contained within this report, subject to the attachment of conditions listed on any forthcoming decision notice.
9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
9.2 The decision maker must determine:
9.3 The Department of Environment Food and Agriculture (DEFA) is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted Committee Meeting Date: 22.04.2024
Signed : T COWELL Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Application No
23/01223/B
Applicant Tevir Group Proposal Construction of mixed use commercial building including commercial office (class 1.2 & 2.1), retail (class 1.1) and leisure uses (class 4.4) complete with basement parking, food & drink (class 1.3 and 1.4), and 80 bedroom hotel including restaurant and operational areas (class 3.1)
Site Address Villiers Square Fort Street Douglas Isle Of Man IM1 2AX Planning Officer Presenting Officer
Toby Cowell
As above
Addendum to the Officer Report
During the planning committee meeting of 22nd April 2024, Members agreed that the wording of conditions 2 and 3 be amended to make specific reference to the approved plan numbers. The wording of conditions 2 and 3 have therefore been revised as follows:
Reason: To ensure that sufficient provision is made for off-street parking and turning of vehicles in the interests of highway safety.
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