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Application No.: 18/00447/C Applicant: The Courtyard Limited Proposal: Additional use as self-catering tourist accommodation for apartment numbers 1, 2, 3, 4, 5, 6, 7, 8, 18, 19, 20, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50 and 60. Site Address: Callows Yard Malew Street Castletown Isle of Man IM9 1DQ Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 11.06.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
This decision relates to drawings (03)01, (03)100, (03)101, (03)102 and (03)103 all received on 27th April, 2018. _______________________________________________________________ Interested Person Status – Additional Persons none _____________________________________________________________________________ Officer’s Report THE SITE
1.1 The site comprises a number of apartments within the Courtyard development - the residential and commercial development which lies between Arbory Street and Malew Street in the heart of Castletown. The units which are the subject of this current application lie on the
ground, first and second floors of the complex and are all approved residential apartments, some detached (unit 46 which was original a facilities building), some contained within the overall complex - 47, 48, 49, 50 and 60 which are all contained within a building which was originally to have accommodated shops, offices and a function suite at the northern part of the site, and 56 and 57 which lie on the ground floor looking into the internal courtyard and 1, 2, 3, 4, 5, 6, 7, 8, 41, 42, 43, 44 and 45, all of which sit above the commercial units facing onto Malew Street and finally 18, 19 and 20 which sit above the commercial units facing onto Arbory Street.
2.1 Proposed is the additional use of these residential units as tourist accommodation. No changes are proposed to the units themselves. PLANNING POLICY - 3.1 The site lies within an area designated as Mixed Use on the Area Plan for the South (2013). This designation provides for a mix of uses and provides the following guidance:
6.6 Encouragement of Sustainable Mixed Use Schemes 6.6.1 In order to achieve town and village centres which are attractive, viable and full of vitality it is essential to encourage a mix of different uses to locate within the Mixed Use areas. This will include elements of retail, office, light industrial, community facilities, leisure and tourism uses and residential as well as dedicated public spaces which will be a focus for community activity. Uses which are not compatible with residential developments will not be supported within the Mixed Uses areas. Generally there will be a presumption in favour of changes of use between the range of approved uses. Whilst planning approval may be required for some changes, this would normally be supported subject to the buildings being suitable for the new use.
3.2 The Strategic Plan provides the following advice:
Business Policy 11: Tourism development must be in accordance with the sustainable development objectives of this plan...
Business Policy 13: Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents.
4.1 Planning approval has already been granted for the use of existing apartments/houses as tourist accommodation in respect of the nine mews houses in the centre of the complex, number 17 and 19, Malew Street (ground floor) and the apartments at 6, 7, 10, 12, 14, 16, 18 and 20, Arbory Street. REPRESENTATIONS - 5.1 Department of Infrastructure Highway Services raise no objection (30.05.18). ASSESSMENT - 6.1 The proposed use of the residential accommodation by tourists is a sustainable proposal which will add to the customer base in the town, supporting its services, shops and facilities. Whilst the comings and goings of tourists is often different to those of permanent residents, in this case, the units are within a town centre where businesses may be open at times when residential areas may be quieter and where residents will have a greater tolerance to later night and earlier morning noise. As such, the potential mix of residential and tourist accommodation is considered acceptable in this instance and indeed is consistent with other approvals within this complex - see 4.1 above.
8.2 The decision maker must determine:
8.3 The Department of Environment Food and Agriculture 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 Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 13.06.2018 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control
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