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                                                 25/90673/C
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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 25/90673/C Applicant : Ms Felicity Hawtin Proposal : Change of use of from retail/office to a residential unit Site Address : 28 Arbory Street Castletown Isle Of Man IM9 1LJ

Planning Officer: Hamish Laird Photo Taken : 15.07.2025 Site Visit : 15.07.2025 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 27.08.2025 __

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. This proposal for the Change of Use of the existing premises at 28 Arbory Street, without any operational development from a retail/office unit to a single residential unit, is considered to be acceptable and accords with the provisions of Policies ST2, ST3, ST4, ST5, SP4, SP5, H1, GEN2 b), c), g), ENV23, ENV35, T4 and T7 in the IoMSP 2016. It would maintain the character and appearance of the Castletown Conservation Area and as such would accord with the provisions of Policy ENV 35 in the IoMSP 2016.

Plans/Drawings/Information;

The development shall be carried out in accordance with the following approved plans and documents:

Drawing No. 2 - Proposed floor plans and elevations; Drawing No. 3 - Proposed Block Plan @scale 1:500 showing the site edged red; Drawing No. 4 - Location plan @ 1:1,250 scale on A4 showing the site edged red;

all date-stamped received 10th July, 2025;

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Right to Appeal

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None. __

Officer’s Report

1.0 THE SITE 1.1 The site comprises an existing 3-storey, stone built, office/retail unit located on the north side of Arbory Street in the centre of Castletown. It has an archway under the flying element providing vehicular access leading to a car port at the rear capable of accommodating 3 cars. The entrance door is set back from the front elevation in a recess accessed from the accessway under the flying first floor element. The surroundings are a mix of commercial/offices/ residential in series of terraced buildings approx. 3-4 stories in height. The site lies in the town centre and Castletown Conservation Area. It is not a Registered Building.

2.0 THE PROPOSAL 2.1 The full planning application proposes the Change of Use of the premises at 28 Arbory Street, without any operational development from a retail/office unit to a single residential unit. The application is accompanied by completed forms and as existing and as proposed drawings. The proposals relate to the road frontage, 3-storey structure only, and not to any of the attached structures or land to the rear. No off-street parking is provided as part of the proposals.

3.0 SITE HISTORY 3.1 The following site history is of relevance: 3.2 01/00161/B - Conversion of office to dwelling - permitted - 6/7/01. 3.3 92/01525/C - Temporary change of use from office accommodation to children's day- care centre, Corletts Yard, 28 Arbory Street, Castletown - Permitted. 3.4 90/04191/B - Alterations to create office accommodation and car parking, Corletts Yard, 28 Arbory Street, Castletown - Permitted.

4.0 RELEVANT PLANNING POLICIES 4.1 The site lies within an area designated on the Area Plan for the South adopted in 2013 as Residential and also within Castletown's Conservation Area. As such, the following Strategic Plan policies are considered applicable here:

General Policy 2 states: "Development which is in accordance with the land use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them; c) does not affect adversely the character of the surrounding landscape or townscape and g) does not affect adversely the amenity of local residents or the character of the locality."

Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development".

5.0 REPRESENTATIONS 5.1 The following representations have been received in respect of the application: 5.2 Castletown Commissioners - no comments had been received by the Report drafting stage 27/8/25. 5.3 DoI Highways - no comments had been received by the Report drafting stage 27/8/25.

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5.4 No third party representations had been received by the Report drafting stage (27/8/25)

6.0 ASSESSMENT 6.1 The main issues to consider in this case are: o Principle of development; o Visual impact and impact on the character and appearance of the Conservation Area; o Impact on neighbours residential amenities; o Traffic generation and highway safety; and, o Any other issues;

Principle of development 6.2 The site comprises a three storey, stone built structure housed under a slate pitched roof reflective of the historic nature of this part of the Castletown Conservation Area. It lies within the settlement boundary for Castletown and was originally constructed as a dwelling. The principle of development for the Change of Use of the existing retail/office to a residential unit, is therefore, accepted. The proposal accords with the provisions of Policies ST2, ST3, ST4, ST5, SP4, SP5 and H1 in the IoMSP 2016.

Visual impact and impact on the character and appearance of the Conservation Area 6.3 The proposals involve no operational development, other than the staircase being partitioned of from the proposed ground floor bedroom. Therefore, the character and appearance of the property within the street scene would remain unchanged, and as such would have no negative impact on the character and appearance of the Castletown Conservation Area. This is considered to be acceptable and accords with the provisions of Policy GEN2 b) and c); and, ENV35 in the IoMSP 2016.

Impact on neighbours residential amenities; 6.4 There would be no adverse impacts arising in respect of the amenities currently enjoyed by any residential neighbours. The premises previously operated as a dwelling and if approved the previous residential situation would be re-instated. This accords with the provisions of Policy GEN2 g) and ENV23 in the IoMSP 2016.

Traffic generation and highway safety 6.5 The application proposes no on-site parking provision. The site is located within the town centre and access to shops, schools, public facilities, the sea-front and public transport network are all within easy walking distance and readily available. This accords with the provisions of Policies T4 and T7 in the IoMSP 2016.

Any other issues 6.6 None.

7.0 RECOMMENDATION 7.1 This proposal for the Change of Use of the existing premises at 28 Arbory Street, without any operational development from a retail/office unit to a single residential unit, is considered to be acceptable and accords with the provisions of Policies ST2, ST3, ST4, ST5, SP4, SP5, H1, GEN2 b), c), g), ENV23, ENV35, T4 and T7 in the IoMSP 2016. It would maintain the character and appearance of the Castletown Conservation Area and as such would accord with the provisions of Policy ENV 35 in the IoMSP 2016.

8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal

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(i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

8.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative. __

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 and/or rights to appeal.

Decision Made : Permitted

Date: 29.08.2025

Determining Officer

Signed : J SINGLETON

Jason Singleton

Principal Planner

Customer note

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