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24/00141/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00141/B Applicant : Mr & Mrs David and Jacky Higgins Proposal : Window / Door alterations on front elevation - Change of use from retail to residential within part of ground floor of dwelling Site Address : 5 Bank Street Castletown Isle Of Man IM9 1AT
Planning Officer: Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 17.05.2024 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason. Overall, whilst the removal of the retail element is against Mixed Use Policy 1 of the Area Plan for the East, due to the areas small size and the already existing use of the rest of the property, it is deemed that the proposal is acceptable, the change of use is deemed to comply with Section 18(4) of the Town and Country Planning Act 1999, Environment Policy 35 and General Policy 2 by not impacting the Character and Appearance of the Conservation Area, nor impacting neighbouring amenity/ highway safety.
The proposed alteration to the front elevation are deemed acceptable by enhancing the Conservation Area by reinstalling original sliding sash windows and by creating a balance in terms of ground floor openings.
Plans/Drawings/Information; This decision relates to the following plans and drawings, dated received on 5th February 2024; o Exterior Photo This decision also relates to the following plans and drawings, dated received 14th May 2024; o Door and Window Specifications o Drawing No. 1687-1 Rev 1
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Interested Person Status - Additional Persons
None __
Officer’s Report
THE APPLICATION SITE
1.1 The application site is within the curtilage of 5 Bank Street which is a mid-terraced three storey dwelling situated to the West of Bank Street, Castletown. The property is a traditional dwelling and currently comprises of a small shop to the ground floor level, with the rest of the property being used as a residential dwelling.
THE PROPOSAL
2.1 The current planning application seeks approval for the following but not exclusive to items;
2.2 Internal works are proposed which are not subject to this approval.
PLANNING HISTORY
3.1 The following are previous applications upon the site; PA15/00738/B - Installation of replacement windows and doors to front elevation - Permitted PA11/01307/C - Additional use from residential to residential and commercial offices (Retrospective) - Permitted
PLANNING POLICY
4.1 The site lies within an area zoned as "Mixed Use" under the Area Plan for the South, Map 5
4.2 AREA PLAN FOR THE SOUTH
4.2.1 Paragraph 6.6.1 of the Area Plan for the South Written Statement states, "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 Use areas. Generally there will be a presumption in favour of changes of uses 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.
4.2.2 Mixed Use Proposal 1 is relevant to the assessment of this application and states, "In order to maintain and enhance the vitality of the Mixed Use areas in Port Erin, Castletown and
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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."
4.3 ISLE OF MAN STRATEGIC PLAN
4.3.1 Given the nature of the of the land designation and the property being within a Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area.
4.3.2 This is then followed by the following Isle of Man Strategic Plan policies; Strategic Policy 1 - development should be located to make best use of previously developed land, redundant and underused buildings and utilising existing infrastructure; Strategic Policy 2 - focus new development in existing settlements unless complies with GP3; Strategic Policy 5 - development should be well designed; Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel; General Policy 2 - detailed 'development control' considerations; Community Policy 7 - designed to prevent criminal and antisocial behaviour; Community Policies 10 and 11 - implement best practice so as to reduce outbreak and spread of fire; Transport Policy 1- best located close to existing transport links; Transport Policy 4 - safe and appropriate provision for journeys; Transport Policy 6 - needs of pedestrians; Transport Policy 7 - parking standards; Infrastructure Policy 5 - methods for water conservation;
REPRESENTATIONS
5.1 The following representations can be found in full online;
5.2 Highway Services have considered the proposal and state "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking. A S109 highway agreement will be required for any alterations to the adopted highway to facilitate the widened access." (09.02.24)
5.3 No comments have been received from Castletown Commissioners at the time of writing this report.
5.4 The Assistant Registered Buildings Officer has considered the proposal and states that the proposed works would preserve the character of the Conservation Area. (16.02.24)
ASSESSMENT
6.1 The main issues to consider in the assessment of this planning application are;
6.2 SECTION 18(4) TEST - CHARACTER
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6.2.1 In the first instance it is necessary to assess whether the proposed change of use of the site and the external changes to the front elevation will have an impact upon the character of the Conservation Area. The immediate surrounding properties to the application site are residential, with there being retail to the South of the site. It is unlikely that the change of use from retail to residential will impact the character of the site, due to there already being a variety of uses in the streetscene. Whilst the likelihood is that there would be less foot traffic due to the retail element not being in situ, it is unlikely to impact the character of the Conservation Area.
6.3 SECTION 18(4) TEST - APPEARANCE
6.3.1 When looking at the appearance of the site and whether the alterations to the front elevation will impact the appearance of the Conservation Area, due to the proposed works there is no doubt that they will be noticed within the overall streetscene, whilst this is the case, the proposed works will enhance the Conservation Area by putting the original sliding sash windows back into the ground floor level and the removal of the doorway will provide a balance in terms of ground floor openings.
6.4 PRINCIPLE
6.4.1 Turning towards the overall principle of the development noting that the Area Plan for the East states within Mixed Use Proposal 1 that there is a presumption in favour of the retention of existing retail units to ground floor level.
6.4.2 The area which is proposed for the change of use is approximately around 15sqm, which is a small size for a shop. Whilst this doesn't necessary mean that the retail use couldn't be taken up, noting the small size of the area proposed and that the rest of the property is already within a single dwelling unit, in which the retail area will be encompassed into. It is deemed in this instance that the proposal to change the use into retail would be deemed acceptable.
6.5 HIGHWAY IMPACT
6.5.1 Due to the location of the site within the Castletown town centre and noting that the proposed use is unlikely to impact the overall parking requirements of the space, it is unlikely that the proposal would have an impact on Highway Safety or Parking and as such is deemed acceptable.
6.6 NEIGHBOURING AMENITY
6.6.1 The surrounding properties to the North, East and West are residential dwellings with retail to the South of the site, as such it is unlikely that there will be an impact to neighbouring amenity.
CONCLUSION
7.1 Overall, whilst the removal of the retail element is against Mixed Use Policy 1 of the Area Plan for the East, due to the areas small size and the already existing use of the rest of the property, it is deemed that the proposal is acceptable, the change of use is deemed to comply with Section 18(4) of the Town and Country Planning Act 1999, Environment Policy 35 and General Policy 2 by not impacting the Character and Appearance of the Conservation Area, nor impacting neighbouring amenity/ highway safety.
7.2 The proposed alteration to the front elevation are deemed acceptable by enhancing the Conservation Area by reinstalling original sliding sash windows and by creating a balance in terms of ground floor openings.
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7.3 With the above in mind the proposal is recommended for approval.
INTERESTED PERSON STATUS
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 22.05.2024
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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