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15/01286/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 15/01286/B Applicant : Callows Yard Limited Proposal : Alterations and conversion of existing single retail unit into two retail units and two courtyard facing apartments with landscaping and bin stores Site Address : 17 & 19 Malew Street Callows Yard Castletown Isle of Man IM9 1AB
Case Officer : Miss S E Corlett Photo Taken :
Site Visit : 15.12.2015 Expected Decision Level : Planning Committee
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE DUE TO THE PLANNING HISTORY OF THE SITE
THE SITE 1.1 The site is a part of the Callow's Yard retail and residential development situated between Arbory and Malew Streets in the heart of Castletown. The site relates to 14, Arbory Street, the central area and 17 and 19, Malew Street. The site excludes the residential/tourist units within the central area. Number 14, Arbory Street is presently a retail unit and numbers 17 and 19 Malew Street are a single retail unit accessed from the central area and from Malew Street.
1.2 The frontage of number 14, Arbory Street is currently boarded up. Pedestrian access is available from Arbory Street into the central area which has a large timber decked area.
THE PROPOSAL 2.1 Proposed are the subdivision of number 17 and 19 back into two retail units and the conversion of the rear part which looks into the central area, to two residential units (both single bed units). The rear residential units will be fully accessible to disabled persons.
2.2 Also proposed is the conversion of 14, Arbory Street, presently a retail unit, into a bin store. This will involve the replacement of the existing double timber glazed doors with solid timber doors with louvres in the existing opening.
2.3 The alterations to 17 and 19, Malew Street result in changes to both the Arbory Street frontage and the elevation facing into the central area. The Malew Street frontage will have the existing door into the site removed and the opening retained and similarly the doorway at the end of that hallway into the central area is to be removed so that this access is permanently available. Access to the retail unit at 17, Malew Street will be directly from the main street and that to number 19 will be from within the hallway with no direct access from the street. The basement underneath one of the new flats will be accessed only from a new staircase from the hallway and the stair access from the new flat will be closed off. Four stores will be created, accessed off the hallway to serve the units in the complex.
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2.4 The elevation into the central area will have existing pedestrian doorways removed and replaced with windows, a long glazed area replaced with two sets of windows and the existing timber staircase to the upper area is to be replaced by a new, shorter stair case further south. This upper area was formerly the access to the Fusion bar and restaurant which was converted to three apartments under PA 14/00338/B.
2.5 The central area is to be changed from an oval shaped decked area to a paved area with trees and low maintenance shrubs planted within it. The paving will be Marshalls charcoal paviors with Art stone faced pillars up to 1m in height. The area will be used for outside seating for dining and leisure. The public access through the central area from Malew Street to Arbory Street will be retained, with a more direct route from Arbory Street to the Malew Street link and timber benches installed alongside the pathway. The trees are shown to be hornbeam or hawthorn. No other information has been provided in respect of the proposed planting.
2.6 The applicant has described how the complex as a whole suffers from a lack of storage space and in this respect, the proposed four stores behind 17 and 19, Malew Street will go towards this requirement.
2.7 The applicant also describes how discussions with Castletown Town Commissioners has resulted in a revised management arrangement which should avoid refuse bins being dragged past residential properties for collection on Arbory Street. Six of the bins stored in the new area will be for commercial use and eight for domestic use. Both doors - from the central area and from Arbory Street, would be lockable.
PLANNING STATUS AND 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 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:
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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 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 of appearance of the area will be permitted.
3.10 Environment Policy 43 supports proposals which seek to regenerate run-down area. Such proposals will normally be set in the context of regeneration strategies identified in Area Plans. The Department will encourage the re-use of sound built fabric rather than demolition.
3.11 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.
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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.
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 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."
PLANNING HISTORY 4.1 The site as a whole has been the subject of many applications only some of which are considered relevant to the consideration of this current application. The original concept for the redevelopment of the area as it generally currently appears was shown in PA 05/01539 which proposed the creation of 14 houses, 10 apartments, 3 maisonettes, 9 retail units and a public thoroughfare linking Arbory and Malew Streets. This was modified by further applications which proposed the rebuilding of some of the buildings in the scheme and the complex expanded further up and down Malew Street. Subsequent to the implementation of the scheme, changes of use were proposed which involved the change of use of upper floors from residential to office use (PA 97/01848) and the introduction of a greater number of smaller units in terms of the residential accommodation - for example, a two bedroomed unit over two floors became two single bed apartments, one on each floor - PAs 13/00251).
4.2 The take up and occupation of units within the scheme has been poor and for some time at least some of the units have lain empty. As an attempt to try to find users and occupants for the buildings, the applicant recently sought approval for the conversion of the existing residential accommodation on the first floors above the Arbory Street commercial units, as single bed units and the conversion of the central units into twice as many apartments as existing residential units, and the conversion of the function room into further apartments, resulting in 28 units with 57 bedrooms becoming 47 units with 48 bedrooms (PA 13/00797). This was refused for the reason that the creation of so many single bed units (46) would result in a concentration of such accommodation as would change the character of the town and would likely become a less attractive place for residents and visitors, to the detriment of the town and the Conservation Area.
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4.3 Following this, further applications were submitted for the additional use of the houses in the central area between the two streets as tourist accommodation as well as residential use (PA 13/91537) which was approved. A further application, PA 14/00338/B proposed the creation of a two storey commercial building, the conversion of the existing apartments to a greater number of units and the conversion of the Fusion bar/restaurant to residential accommodation with all apartments to be used as either tourist or residential accommodation. This application was refused by the Planning Committee, recommended for approval by the Inspector but refused by the acting Minister. This decision was challenged in the Courts by the applicant and the Courts quashed the decision and referred it back to the Minister who then approved the application.
REPRESENTATIONS 5.1 Castletown Town Commissioners indicate that they do not object to the application (16.12.15).
ASSESSMENT 6.1 The issues in this case are whether it is acceptable to have approved retail units converted to residential and a bin store, whether the proposed changes to the central area are acceptable in visual and use terms and whether the external changes to Malew Street and Arbory Street as well as the internal courtyard area, are acceptable.
6.2 The policy is clear on there being a preference for retail uses on the ground floor within the town centres. However, the policy also acknowledges 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 them and in this respect the Callow's Yard development has introduced a mix of uses within it - residential, tourist accommodation, shops, cafes and take-aways all of which add to the range of shops and services within the town. Within the courtyard there is a mix of residential/tourist accommodation as well as the cafe and as such, the appearance and character of this part of the complex is different from those of Malew and Arbory Streets. As such, whilst there is a preference for retail use on the ground floor in town centres, in this case, it is not felt to be appropriate to apply this strictly as the majority of the units within the central area are not retail at present. The proposed single bed units are considered to be appropriate to their context and are considered to be acceptable.
6.3 The bin store is clearly going to be useful to the complex as a whole and may result in less intrusion to existing operators if the bins do not have to be dragged around to and from the back of the units to the street. As such, it is considered that there will be an improvement to the living and operating conditions of those in the immediate area as a result of this part of the proposal.
6.4 The proposed introduction of changes to the central area will generally result in a visually more attractive area and one which is both easier to maintain and more easily usable: at present, the timber decked area can be slippery underfoot in wet weather and as laid out does not attract much public use. The character of the internal space is very much dominated by the residential properties and does not appear as part of the shopping street, although the pedestrian does not feel out of place within it. The changes to the central area are considered to be more conducive to public use and be more attractive and are considered acceptable.
6.5 The changes to the Malew Street frontage will remove an existing door and present an entrance which is visibly more inviting than a door which may be closed. An important element of the original scheme was that there would be public access from Malew Street to Arbory Street and whilst that access has always remained, having doors at each end has, perhaps created the impression that the access is not public nor at times, available. The removal of the door is therefore considered acceptable.
6.6 The introduction of a solid timber door rather than a glazed door with retail space behind it is perhaps, a slightly negative element of the scheme, reducing marginally, the interest of the streetscene at this point. It is relevant to consider the views of the inspector in respect of PA 14/00338/B, part of which resulted in the replacement of a glazed window which served a stairwell,
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with a domestic styled window and door arrangement. The inspector considered that, "Arbory Street is an attractive thoroughfare, exhibiting a range of frontages, and in context I do not consider that the very short length of residential frontage, well designed in itself, would do any actual harm to the street's appearance and character or to any significant extent dilute its retailing character". He goes on, "On balance I do not consider that the 'lost opportunity' for retail frontage on the ground floor amounts to a determinative objection. Overall, the proposal would be essentially neutral in its impact, not harming retail vitality and preserving if not enhancing the appearance and character of this part of the Conservation Area, sufficiently compliant with Environment Policy 35" (paragraphs 75 and 76).
6.7 There is a similar door on the front of number 21, Malew Street which screens the electricity substation in that property.
6.8 The changes to the internal-facing elevations are not considered to be significant nor harmful given the context of the area.
6.9 On balance, is it considered that the scheme has a positive impact on both the complex as a whole and the town centre. Both the retail assessment and the inspector considering PA 14/00338/B note that it is important to the town centre as a whole that Callow's Yard succeeds as a mixed use concept and, like the conclusion in the earlier case, it is considered that the application can be expected to achieve that aim.
PARTY STATUS 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 (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: 21.12.2015
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.
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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 01, 02, 03 and 04 all received on 24th November, 2015.
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: 04.01.2016
Signed : S E Corlett 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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