Officer Report

Application No.: 16/00923/B Applicant: Callows Yard Limited Proposal: Installation of external fire escape stairway Site Address: Callows Yard Malew Street Castletown Isle of Man IM9 1DQ Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation

Officer’s Report THE SITE

1.1 The site is the full extent of the Callow's Yard development - a mixed use scheme sitting on and between Arbory and Malew Streets in the heart of Castletown and comprising a mixture of commercial and residential uses. The development has previously both accommodated and had approval for tourist accommodation and a bar/restaurant, the latter being converted into residential units more recently. - 1.2 The proposed works concern an area in the south eastern corner of the internal area, abutting the site office, the coffee shop and internal apartment 9. The site is publicly visible by those visiting the internal courtyard area, which is designed for public use, although certainly not conspicuous or prominent. THE PROPOSAL

2.1 Proposed is the installation of an external fire escape to serve the first floor apartments. This will adjoin the first floor and descend in front of the office but above door lintel level to discharge into the courtyard close to the rear of the cafe. The escape will be made of galvanised steel and painted with an outer handrail for the majority of the structure and a handrail either side for the lower section of four steps turning toward the courtyard. 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 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.
• 3.4 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.
• 3.5 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.

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 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. - 4.3 Recent applications have sought and obtained planning approval for the conversion of the toilet and bin store to a residential unit and also the conversion of the building opposite from commercial use to residential units (PAs 16/00369/B and 16/00119B).

REPRESENTATIONS

5.1 Highway Services indicate that they have no interest in the application (24.08.16). ASSESSMENT

6.1 The issues in this case are whether the appearance of the proposed staircase would have an adverse impact on the character and appearance of the area, paying particular attention to the fact that the site lies within a Conservation Area and also whether it would have any adverse impact on the occupancy conditions of the units alongside. It is relevant that the upper floor units are residential but the lower floor are a mixture of office, cafe and residential.

6.2 The staircase will not be a prominent element in the public space due to its position and its appearance anyway not considered to have an adverse impact on the character of the area. - 6.3 As the ground floor accommodation beside which the staircase will discharge is office space, it is not considered that the presence or use of the staircase will detrimentally affect the operation of the office space inside the unit. - 6.4 The proposal is not considered to have any detrimental impact and as such is recommended for approval.

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, 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: 12.09.2016 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 approval relates to drawings 61, 64 and 65 all received on 4th August, 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 12.09.2016 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.