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16/00369/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/00369/B Applicant : Callows Yard Limited Proposal : Alterations to bin store to create a single storey dwelling Site Address : Bin Store Callows Yard Malew Street Castletown Isle of Man IM9 1DQ
Case Officer : Miss S E Corlett Photo Taken : 14.04.2016 Site Visit : 14.04.2016 Expected Decision Level : Planning Committee
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE HISTORY OF THE SITE
THE SITE 1.1 The site is a small part of the Callow's Yard development which generally lies between Arbory and Malew Streets in the heart of Castletown. The site sits at the western part of the site, behind a row to four 2 storey cottages and opposite a two storey former function suite which has recently had planning approval for conversion to four apartments (PA 16/00119/B).
1.2 The building is a flat roofed property with a footprint of 6m by 8m with a small annex at the rear with a 1m wide corridor which runs around the west and part of the south of the building with a timber gate at each end. The western gate and double doors in the building itself lead onto an access outwith the ownership of the applicant and also serving 28, Arbory Street.
1.3 The north eastern elevation of the building is finished in stone with a parapet wall on top, the remainder of the building being rendered. The front, opposite the former function suite has two pedestrian doors side by side in the centre of the elevation, no windows in the elevation facing the rear of the terraced dwelling, a pedestrian door in the elevation facing north west and no features in the enclosed part of the rear (sw) elevation but double doors opening out onto the shared access onto Arbory Street.
1.4 The application site is currently used as a bin store and toilet serving the Callow's Yard development. At the time of the site visit a number of the apartments and houses were occupied and few of the retail units were open for business, if they were occupied at all.
THE PROPOSAL 2.1 Proposed is the conversion of the building, with no change to the footprint, to a dwelling. External changes include the addition of a window in the front elevation and the replacement of one of the pedestrian doors with a matching window. The doors at the rear will be replaced with a flat window and the pedestrian gate into the shared access to Arbory Street, will be blocked off.
2.2 The accommodation resulting from this will be a two bedroomed bungalow.
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3.3 Also proposed is the introduction of a walled area to the front, 1.8m high with piers at 2.5m intervals to provide private amenity space.
3.4 The bin store has approval for relocation in the unit at 14, Arbory Street and whilst work has commenced on this, it is not yet available for use and the applicant would have no objection to any approval on the current application being subject to this being operational beforehand. There is no intention to replace the toilets as the applicant considers now the overall scheme has a greater proportion of private residential use, there is less reasonable demand for the scheme to provide toilets and as such would rely upon the toilet provision with the cafe at 10, Arbory Street as providing this when open.
PLANNING POLICY 3.1 The site lies within an area of Mixed Use on the Area Plan for the South of 2013 and within Castletown's Conservation Area. Paragraph 6.1.2 describes "The majority of the retail provision in the South is within the existing settlements. Most of this is located in the Service Centres of Castletown and Port Erin both of which offer some comparison and convenience retailing." It goes on at 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 At paragraph 6.6.2 of the Plan. "Development within an area of Mixed Use (as designated on the Proposals Map/Inset Maps) or those sites proposed for Mixed Use (identified on the Maps as 'Proposed Mixed Use') will comprise a mix of some or all of the following uses: residential; shops; financial and professional services; food and drink; research and development, light industry; hotels and hostels; hospitals, nursing homes and residential institutions; community uses; leisure; tourism and open space. For applications relating to sites proposed for Mixed Use, the mix and types of uses on the site will be determined on their merits in accordance with the Proposals in the Area Plan and the Isle of Man Strategic Plan Policies.
3.3 Paragraph 6.6.5 "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, and in certain circumstances on the lower floors.
Mixed Use Proposal 1: In order to maintain and enhance the vitality of the Mixed Use areas in Port Erin, Castletown and Ballasalla, there will be a presumption in favour of the retention of existing retail units on the ground floor although each case will be determined upon its circumstances and merits."
3.4 The Strategic Plan contains the following which is considered relevant to this application: Paragraph 9.4.5 states "It is accepted that in some circumstances a mix of uses can be appropriate within town centre locations such as residential flats above retail units or office accommodation, particularly where this can help to ensure the use of the area at different times during the day, thus helping to ensure the security and vitality of these areas." It should be clarified that where there is an apparent conflict of policy, whichever document was adopted later should carry more weight.
3.5 The Isle of Man Strategic Plan provides, at the outset, on page 9 the Strategic Aim: To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the
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quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage.
3.6 The Strategic Plan policies require that development makes the best use of resources by utilising under-used land and buildings (Strategic Policy 1); that new development be located primarily within our existing towns and villages (Strategic Policy 2); proposals should protect or enhance the fabric and setting of Ancient Monuments and Conservation Areas (Strategic Policy 4); all new retail development must be sited within town and village centres (Strategic Policy 9); and favourable consideration will be given to proposals for improving the quality and condition of the existing housing stock and for the creation of flats by conversion of vacant and under-used space above commercial premises (Strategic Policy 12).
3.7 Spatial Policy 2 identifies Castletown as a Service Centre that should provide regeneration and choice of location for housing, employment and services.
3.8 General Policy 2 provides assessment criteria that should be applied to any new development. Criterion (c) requires development to not affect adversely the character of the surrounding townscape; (g) seeks to ensure that development does not affect adversely the amenity of local residents or the character of the locality; (h) states that development should provide satisfactory amenity standards including where appropriate safe and convenience access for all highway users with adequate parking; (k) states that development should not prejudice the use or development of adjoining land in accordance with the Area Plan; and (m) requires the decision maker to take into account community and personal safety and security in the design of buildings and the spaces around them.
3.9 Environment Policy 35 seeks to ensure that in Conservation Areas only development that would preserve or enhance the character or appearance of the area will be permitted.
3.10 Housing Policy 17 provides guidance on the provision of apartments: The conversion of buildings into flats will generally be permitted in residential areas provided that:
(a) adequate space can be provided for clothes-drying, refuse storage, general amenity, and, if practical, car-parking; (b) the flats created will have a pleasant clear outlook, particularly from the principal rooms and (c) if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area.
3.12 Transport Policy 7 requires all new development to provide parking in accordance with the Department's Standards, set out in Appendix 7 of the Strategic Plan. These parking standards can be reduced or set aside in sustainable locations or in Conservation Areas, as appropriate. Each single bed flat would usually be expected to be provided with one car parking space subject to the aforementioned application.
3.13 It is also relevant to have regard to Government's Retail Sector Strategy, developed by Department of Economic Development and published in 2013 although it acknowledges, "1.11 While any future review of planning policy via the Strategic or Area Plans will have regard to the contents of this Retail Sector Strategy, it is noted that formulation of planning policy or land allocations must follow the procedures laid out in planning legislation. i.e. be based on a robust evidence base, be subject to formal public consultation and be capable of withstanding scrutiny and examination at a Planning Inquiry held by an independent Planning Inspector." The core aim of the strategy is "To promote competitive and accessible retail and leisure environments in our town centres, which offer choice and convenience for consumers, improve the economy and enhance resident's quality of life." It goes on, "Retailing is the central activity in the Isle of Man's town centres and a key component of the economy. The clear majority recommendation from the Retail Committee was for continuation of a town centre focussed approach. Future reviews of the Isle of Man Strategic Plan, Area Plans and other documentation should consider how to address this aspiration. Developing
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high quality town centre retail and leisure environments, making sure suitable sites and premises are available in them and that they are served by good transport and parking facilities will be the physical platform for a re-energised retail sector. While Douglas is the Island's main centre, Ramsey, Peel, Port Erin, Castletown, Onchan and other centres all play important and complementary roles which should be encouraged."
3.16 They recommend that, "The commitment of centre traders and businesses is essential to protect and enhance the quality of town centre environments. Their involvement in developing appropriate maintenance regimes (e.g. control of litter and paved areas) and measures to improve the quality of retail frontages will be encouraged" and 3.41 "Unused sites and premises can affect the quality and appeal of town centre retail and leisure environments. Existing legislation and other measures should be strengthened to encourage owners or tenants to improve them through effective enforcement actions and timely processes."
3.17 The Castletown Town Centre Parking Study and Parking Policy Development Options, published by the Department of Infrastructure in February 2013 concludes that Friday night represents the peak demand time for public parking in the town and that in the future, problems may occur in the town centre area on Friday day, Friday evening and Saturdays which could have negative effects on road network performance and the urban environment although the pressures will result from the management of the area rather than its capacity as such as whilst some areas are operating at over capacity, others such as the private pay and display car park offer substantial spare capacity (paragraphs 5.6.1 and 5.7.1).
PLANNING HISTORY 4.1 As stated above, the site has been the subject of a number of applications. In addition to those relating specifically to the application building, a recent proposal for the conversion of a number of upper floor units and the former bar/restaurant, to a greater number of small residential units, was approved and the conclusion of this is relevant in terms of the impact of this on car parking in the town centre. PA 14/00338/B was refused by the Planning Committee but ultimately approved on appeal following an inspector's recommendation that the application should be approved. This application proposed 15 additional dwelling units which resulted in, the inspector considered a need for 5 additional car parking spaces taking into account the ratio at which residents currently own cars, which he considered, if unprovided for, would not be determinatively harmful to the town centre amenities. He also took into account the loss of a restaurant/bar and the resulting improvement in amenity levels for those living alongside, and the impact on car parking requirements.
REPRESENTATIONS 5.1 Department of Infrastructure Highway Services indicate that they have no highway interest (07.04.16)
ASSESSMENT 6.1 The key test is whether the proposed residential unit would have satisfactory amenities - privacy, space, light and outlook particularly. Whilst there is limited space, there is more private space than other units within the development, which was designed to be open and used by the public as well as those living or staying within the complex. As such, the amount of privacy and space is not expected to be comparable with such available to properties on a modern residential estate. The space is clearly not required any longer for bin storage and is unlikely to be required for retail or commercial space, given the lack of such uptake elsewhere in the complex and the availability of floorspace within and outwith Callow’s yard.
6.2 As such, whilst not ideal, the proposal is considered to be acceptable and is recommended for approval.
PARTY STATUS
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7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant’s agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material in this case Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word ‘Department’ to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 06.05.2016
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 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 30, 31 and 32 all received on 24th March, 2016.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Approved
Committee Meeting Date:23.05.2016
Signed : S E Corlett
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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
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