16 April 2013 · Delegated - Director of Planning and Building Control (M Kallyher)
6a, The Parade, Castletown, Isle Of Man, IM9 1lg
The proposal sought to change the use of Balcony House, a three-storey Registered Building with basement recently converted to residential use, from residential to office accommodation without any building alterations proposed at this stage. Ten parking spaces were shown at the rear shared with No. 5.
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The officer concluded that it had not been demonstrated the building could be used for offices without changes detrimentally affecting the interior, failing Environment Policy 33 which permits change …
Environment Policy 33
Requires change of use of Registered Buildings only if proposed use appropriate and associated alterations not detrimental to special architectural or historic interest. Officer assessed that office use likely necessitates internal changes (wiring, ceilings, fire doors) harming historic detailing like coving and architraves; no details submitted to prove viability without harm.
Mixed Use Proposal 4 (Area Plan for the South)
Presumption in favour of retaining existing residential uses on upper floors in Mixed Use areas of Castletown, subject to merits. Officer applied presumption against loss to maintain post-working hours vitality; whole property residential conversion recent, not suited to vertical subdivision without harmful changes.
Parking not provided per standards but do not oppose given location, bus route and public parking
Register interest, no comment
Castletown Heritage and a neighbour objected to the change of use due to impacts on the Registered Building and loss of residential accommodation, while Highways Division and Castletown Town Commissioners raised parking concerns but did not oppose; overall position includes objections from heritage and neighbour representations.
Key concern: no application for Registered Building consent
Highways Division
No ObjectionTaking into account location, bus route and public parking available, highways do not oppose this application
Castletown Town Commissioners
No Commentwish to determine if parking has been mentioned for B - Change of use for Balcony House from residential to office
Castletown Heritage
ObjectionAs a Registered Building, both the inside and outside of the property must be respected. However, there hasn't been an application for Registered Building consent.; Members of the Castletown Heritage committee are pleased to note that the above planning application has been refused as it does not comply with the provisions of EP 33 and would result in a loss of residential accommodation.
Mrs C Salisbury Jones
ObjectionThe centre of Castletown will be a better place with people living in The Parade.; When Mr. Rosen sold the house, he made a condition of sale that the room should continue to hold the memorabilia of Captain which he had collected. The room could not thus be used as an office.
The original application 13/00067/GB sought change of use from residential to office accommodation and was refused by the Department of Infrastructure. H. McDowell Estate, via agent Chrystals Commercial, appealed the refusal on 3 May 2013. No appeal arguments or inspector's analysis are provided as the documents are notification and withdrawal notices. The appeal was withdrawn on 15 July 2013, leaving the original refusal decision standing. No outcome on merits due to withdrawal.
Precedent Value
No precedent set as appeal was withdrawn before determination. Future applicants should ensure appeals are pursued if challenging refusals, as withdrawal reinstates the original refusal.
