Rear Of 16 Arbory Street Unit 12 Of Callow's Yard Castletown Isle Of Man IM9 1LJ
Officer's Report
THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE DEVELOPMENT CONTROL MANAGER.
Site
The site is the curtilage of Unit 12 of Callow's Yard which is to the rear of 16 Arbory Street. The unit forms a small part of the recently developed Callow's Yard retail/residential complex.
The unit sits to the north of Arbory Street and is accessed via a existing entranceway from the arcade which forms a link between Arbory Street and the centre (arena) of Callow's Yard.
Proposal
The application seeks approval for the additional use of retail unit as a betting office.
The proposal also includes erecting a solid wall between the unit and the existing window which fronts onto Arbory Street. It is proposed that this window display created by the proposal would be used for the advertising of business and goods within the Callow's Yard complex.
Planning Policy
The application site is within an area of 'Mixed Use', on the Castletown Local Plan and the site is also within a Conservation Area. It should also be noted that in the Modified Draft Area Plan for the South the application site is also within an area of 'Mixed Use' and within a Conservation Area.
The Isle of Man Strategic Plan (June 2007)
Due to the site being within a mixed use area and the proposed usage being compatible with that, the following policies are relevant in the determination of the application:-
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:
(a) is in accordance with the design brief in the Area Plan where there is such a brief;
(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;
Case Officer:
Mr Chris Balmer
Photo Taken:
30.08.2011
Site Visit:
30.08.2011
Expected Decision Level:
Planning Committee
(d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
(e) does not affect adversely public views of the sea;
(f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
(g) does not affect adversely the amenity of local residents or the character of the locality;
(h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
(i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
(j) can be provided with all necessary services;
(k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
(l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
(m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
(n) is designed having due regard to best practice in reducing energy consumption."
Also relevant is Environment Policy 35 which states "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
Planning History
There are no previous planning applications on this site which are considered relevant in the assessment and determination of this application. However, 6 Arbory Street, Castletown was subject to a similar proposal which was refused on the following grounds:-
"The proposed use is likely to result in a shop frontage which would not contribute to the character or appearance of the area which is designated as a Conservation Area and where the area generally is of considerable age and character and where the Department has a responsibility to require that development preserves or enhances its character and appearance."
Also of relevance is PA 10/1499 which proposed the change of use of the unit to the rear of 17, Malew Street to a betting office, which was permitted.
Representations
Castletown Commissioners originally expressed concern that planning permission has already been granted for use of another unit as a betting shop, which was acceptable and that to move the betting shop ("yet again") closer to the thoroughfare of 6 Arbory Street would be a detrimental step, and the original objections are still considered valid. ie Shop frontage loss. The Board considered small window inadequate and not in keeping with the policy of shops looking into the main street. The Commissioners have since withdrawn the objection subject to there being no direct access from Arbory Street (which has been confirmed).
Assessment
Firstly, it is perhaps important to identify the provisions within the Isle of Man Strategic Plan regarding retailing uses in Castletown. The Plan indicates that commercial uses are directed to the Island's town centres, including Castletown, as such areas are accessible to all members of the community, staff and visitors alike, the activity and range of services contribute to the vitality and success of the centres and this investment can be used to renew the ageing fabric of the town centre buildings (paragraph 9.3.3).
The Modified Draft Southern Area Plan indicates that "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 centres. This will include elements of retail, office, light industrial,
community facilities 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 town and village centres."
The Plan goes on to state "In order to ensure that the vitality of the town and village centres is retained in terms of visitor attraction and activity after working hours, it is considered that retail should be the preferred use for ground floors of buildings within those areas designated for mixed use with residential use encouraged for the upper floors. Office use will also be acceptable on the upper floors but not at the expense of residential uses."
It is also important to consider the provisions of the Strategic Plan in terms of the potential impact of the proposal upon the Conservation Area. Environment Policy 35 indicates that development needs to preserve or enhance the character or appearance of the Area and which will ensure that the special features contributing to the character and quality are protected against inappropriate development.
The main issue with the proposal is the use of the unit as a betting office, not due to how it is used in terms of usage (similar to most shop units), but the visual appearance of this type of business within the street scene. This concern is due to how the majority of betting offices use window displays which are normally blank and bland, with either temporary and often hand written signs advertising forthcoming races or events on which people can place bets, or permanent images - often in plastic sheeting - across some or all of the shop windows. This was the concern of the recently refused application at 6, Arbory Street, which was considered not to contribute to the character or appearance of the area given its prominent position within the streetscape.
Therefore, it is important to consider whether the proposal would allow for an attractive frontage that could give vitality to the area, especially as a number of businesses along Arbory Street do not provide for attractive shop displays and are detrimental to the visual appearance of the street scene. It is therefore considered crucial to Arbory Street that any future development promotes an active streetscene.
To overcome this concern, the applicant has proposed to keep the window frontage onto Arbory Street separate from the proposed betting office. The plans submitted show the area as a window display.
Initially the applicant suggested that this would list the businesses within Callow's Yard. It was felt by the planning office this would not provide an active shop frontage and would have a similar usage and appearance if the window where used in connection with the betting shop. Consequently, the planning office discussed the option with the applicant of having the regularly changing window display to advertise business within Callow's Yard which included displays of goods for sale connected with those businesses. A condition requiring such usage could be attached to any given approval.
The proposed betting office would have a window (fronting onto the arcade) which would have film applied, to prevent views of the betting office being visible from Arbory Street. This would result in a blank frontage when walking along the arcade passageway; however, the arcade is a link between Arbory Street and the centre of Callow's Yard and not a prominent shop frontage along the main shopping street (Arbory Street). This is evident by the small amount of glazing which exists within the arcade, which is made up most of a block and rendered walls.
Overall, it is considered the proposed site is in a less prominent position than the previously refused site (6, Arbory Street), being located off the main shopping street. Furthermore, with an appropriately worded condition requiring the window display to be regularly changed, advertising goods for sale connected with shops within Callow's Yard this would overcome the concern of the shop frontage not contributing to the character or appearance of the area.
RECOMMENDATION
Overall, it is considered the proposal would comply with the Isle Of Man Strategic Plan therefore it is recommended that the application be approved.
Party Status
The local authority, Castletown Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
Recommendation
Recommended Decision: Permitted
Date of Recommendation: 04.10.2011
Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
: Notes attached to refusals
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This approval relates to the additional use of retail unit as a betting office as proposed in the submitted documents and drawings 01, 02 and 03 received on 15th July 2011 and 18th July 2011.
C 3. The window display area that fronts onto Arbory Street shall at all times have a display of retail goods available for purchase by members of the public, the range of goods shall be varied on a monthly basis and the retail prices of the goods shall be clearly displayed. The display shall not be used for the advertisement of financial or professional services or any other use within Class 2 of the Use Classes Order as set out in Schedule 4 of the Town and Country Planning (Permitted Development) Order 2005
C 4. The use hereby permitted shall not be begun until the installation of the new shop display area has been completed in a scheme that has first been submitted to and approved in writing by the Planning Authority.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : Committee Meeting Date : 13/10/11 Signed : Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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