DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 21/01010/B Applicant: Department Of Infrastructure Facilities Proposal: Extension of existing bin store Site Address: Railway Station Banks Circus Douglas Isle Of Man IM1 4LL Planning Officer: Mr Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 13.10.2021 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1.The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. Notwithstanding drawing no. 06, the fences must be a picket fence with pointed tops, to match the adjacent platform fencing as seen on the Photographs date stamped received 5 March 2021.

Reason: In the interests of the visual amenity of the area and in order to safeguard the architectural character of the Railway Station and the platforms.

This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2, Environment Policy 10, Environment Policy 32 and Environment Policy 36 of the Strategic Plan.

Plans/Drawings/Information;

This approval relates to the documents, photos and drawing no. 01, 02, 03, 04, 05, 06 date stamped as having been received on 18th August. ______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is Railway Station on Banks Circus, Douglas. - 1.2 The station is a storey and a half tall storey Victorian building built in Ruabon-like gauged red brickwork with a blue/black slate roof. The rectangular plan form is modelled with a three storey tower to the right hand corner when viewed from Banks Hill and a pair of gables which transfer to the rear elevation. The brickwork panels are variously detailed with inset panels arched heads to window and door openings and moulded detailing about those openings. The gables in particular offer a neo-classical air to the building and set it out as a building of some import, at least at the time it was conceived by the architect James Cowle and built between 1889 and 1891 replacing timber constructions established upon the opening of the line in 1873. - 1.3 The Railway Station was added to the Protected Buildings Register on the 15th March 1984 (RB 74) 'by reason of its architectural or historic interest'. The site is also located within the North Quay Conservation Area designated in 1990. - 1.4 The existing bin storage area is at the northwest end of the platform. It is on the west of the station service building and is behind a double white fence gate. There is also a timber hub next to the bin storage area.

2.0 THE PROPOSAL - 2.1 The proposed is the erection of a timber fenced area for an extension to the existing bin storage. - 2.2 The area will start from the front elevation of the hub and ends at the west elevation of the station service building. The fence will be white timber lollipop fencing and is approx. 1.5 in height.

- 3.0 PLANNING HISTORY

3.1 There is no previous application considered materially relevant to this application. - 4.0 PLANNING POLICY AND LEGISLATION LEGISLATION

4.1 Section 16(3) of the Town and Country Planning Act (1999) states, "In considering — (a) whether to grant planning approval for development which affects a registered building or its setting, or (b) whether to grant registered building consent for any works, the relevant Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses". This sets out the approach to be taken in determining planning applications this includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset.

4.2 Given that the site is a Registered Building the above requirements apply and appropriate consideration will be given in section 6. With regards to the Conservation Area only part of the red line is in the Conservation Area with the proposed development outside of it, on this basis the above is not considered to apply.

• PLANNING POLICY
• 4.3 In terms of local policy, the site lies within an area designated as Mixed Use (Riverside Gateway (a)) in the Area Plan for the East. The station is within the Douglas North Quay Conservation Area. The platform is just outside the Conservation Area. The Railway Station is on the Protected Buildings Register.
• 4.4 In terms of strategic policy, the Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
• 4.5 General Policy 2: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;

• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) is not on contaminated land or subject to unreasonable risk of erosion or flooding."

4.6 Environment Policy 10: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission." - 4.7 Environment Policy 32 states:

"Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."

4.8 Environment Policy 36 states:

"Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important view into and out of the Conservation Area."

4.9 Policy RB/3 General Criteria applied in considering Registered Building Applications states: "General criteria applied in considering registered building applications The issues that are generally relevant to the consideration of all registered building applications are:-

• o The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context;
• o The particular physical features of the building (which may include its design, plan, materials or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register;

• o The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings)."

4.10 Policy RB/5 - Alterations and Extensions states: "In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

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

Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative affect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

4.11 POLICY RB/9: REGISTERED BUILDINGS IN GOVERNMENT OWNERSHIP states:

"Registered buildings in Government ownership will be subject to the same conditions as those which are in private ownership, but there is the further implied requirement that such buildings should be dealt with in ways which will provide examples of good practice to other owners. It is particularly important that every effort should be made to maintain historic buildings in good condition, and to find appropriate new uses for buildings in Government ownership which are no longer in active use. Prompt disposal is important: empty buildings should not be retained on a contingency basis, with all the risk of neglect and disrepair that this can create."

4.12 Policy CA/2 - Special Planning Considerations as set out within Planning Policy Statement 1/01- Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man states;

"When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.

Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."

- 5.0 REPRESENTATION

5.1 Douglas Borough Council has not commented at the time of the report (03/09/2021).

5.2 DoI Highway Services states there is no highway interest in this application (02/09/2021).

6.0 ASSESSMENT Registered Building Assessment

6.1 The application is for the extension of an existing bin store onto the platform adjacent to an existing shed. The Registration documentation refers to the Railway Station, ticket office, gateway and boundary walls. In essence the main element visible would be the proposed fencing around the bins, these are to be conditioned to match the existing fencing on site and

• as such it is considered that the proposal would not affect the asset or its setting preserving/having a neutral effect on the Registered Building. Planning Assessment

6.2 The main issues in the consideration of this application are the principle of the development, its impact on the character and landscape of the Conservation Area and the Registered Building.

6.2 The fencing is visible to the public both within the station and from Bank Circus. The white timber fence matches the existing fencing on the platform. However, the loolipoop design does not fit in with the the character and appearance of the Conservation Area and the registered building. Therefore, a condition should be attached requiring the fencing design to be picket fence with pointed top, rather than rounded. - 6.3 The flood hub indicates that the area the fencing is possibly just in or directly adjacent to an area susceptible to flooding (surface water and river) however the proposed use is not considered to be a vulnerable development. It is noted that DOI Flooding had not commented

• at the time of the report.

7.0 CONCLUSION

7.1 The proposal is considered to comply with General Policy 2, Environment Policy 10, Environment Policy 32 and Environment Policy 36 of the Strategic Plan. Therefore, it is recommended for an approval. - 8.0 INTEREST PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land which the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision-maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status.

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: 13.10.2021 Determining officer

Signed : A MORGAN Abigail Morgan Principal Planner

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