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16/00119/B
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/00119/B Applicant : Callows Yard Limited Proposal : Conversion of former Entertainment Suite to provide four apartments with storage area Site Address : Former Entertainment Suite Callows Yard Malew Street Castletown Isle of Man IM9 1DQ
Case Officer : Miss S E Corlett Photo Taken :
Site Visit :
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 defined in red is the footprint of an existing building, which is not shown accurately on the location plan which appears to have been prepared prior to the development of the Callow's Yard complex, and which lies between Malew and Arbory Streets, in the middle of what is now a mixed use retail, residential, tourist accommodation and commercial area with open space in the centre and a pedestrian access through the site from one public highway to the other.
1.2 The building is question has a footprint of 15.5m by 16.5m and has two floors of accommodation. The building sits to the north east of the communal bin store and unit 26, a two bedroomed, two storey tourist/residential unit and adjoins unit 27, a similar unit of accommodation, to the north west. To the rear (north east) of the building are 23-29 Malew Street - residential properties and their respective rear yards.
1.3 The building sits on the site of the former Arbory Court which was a detached building accessed from Arbory Street and formerly used for offices. The new building is in the same position as the original but there is a waste processing facility associated with Callow's Yard between the site and Arbory Street, blocking off direct access to the building and access is now from within Callow's Yard. The ground floor of the building had approval for a commercial kitchen which was to provide cooked food for the outlets within Callow's Yard. The upper floor had permission for retail use and an application had been submitted to turn this into a function room but the application was withdrawn before a decision was taken. The building was then the subject of a further application for use as retail and/or offices.
PROPOSED 2.1 The proposal intends both floors to be converted to residential in the form of four apartments with an associated storage area. The apartments will all be at the front of the building with storage facilities in the rear section on both floors. The ground floor storage area will be accessible only from the outside of the building and the first floor only from the ground floor. There is a first floor access door into a side corridor with a toilet at the end which does not appear to be there presently. There is no direct access from the proposed residential units to the storage areas.
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2.2 Externally the building will have two existing doors replaced with two windows on the front elevation but otherwise the building will stay as existing. The apartments will all be one bed units with each having over 50 sq m of internal space.
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 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
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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 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."
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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 do not object to the application (09/02/16).
5.2 Castletown Commissioners indicate that they have no comment to make on the application (16.02.16).
ASSESSMENT 6.1 The proposed change of a door to a window on each side of the front elevation has little, if any impact on the character or appearance of the building, which is a relatively new one within the town. As such, the issues in this case are whether the proposed use would be compatible with the amenities of those in the adjacent buildings and whether there would be any impact on highway safety from the non-provision of car parking spaces for the new residential units.
6.2 The use of the building other than for residential purposes could have an unfortunate impact on the living conditions of those in the adjacent properties which are very close. Indeed, when the original proposal for a function room was proposed, the Department had significant difficulty considering how to assess the potential noise impact on those in adjacent property. As such the proposed use is considered to be acceptable and arguably an improvement on what could take place within the building.
6.3 Whilst no car parking spaces are being proposed, as has been the case with other applications for additional residential or tourist uses in this complex, using the ratios employed in the earlier application, the additional four residential units would generate a need for at most two additional spaces. Taking this into account, in addition to the consideration that the approved use as retail and
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commercial would also have generated a need for parking for staff at least, it is considered that the lack of parking should not justify the refusal of the application.
6.4 The application is considered to be acceptable and 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: 04.03.2016
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 10, 11, 12 and 13 all received on 5th February, 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: 14.03.2016
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Signed : J Chance 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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