225937

==== PAGE 1 ====

PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : Applicant: Proposal: 14/00300/B H MacDowell Estate Conversion of dwelling to offices including installation of ramped access Balcony House 6 And 6A The Parade Castletown Isle Of Man IM9 ILG Site Address : Case Officer: Photo Taken : Site Visit: Expected Decision Level: Officer Delegation Miss S E Corlett Officer's Report THE SITE 1.1 The site is the curtilage of 6, and 6A, The Parade within the heart of Castletown. The buildings are attached to each other and number 6 is in turn attached to number 5 and number 6A is in turn attached to a link to number 7. Number 5 is also within the ownership of the applicant and is proposed to remain as residential. 1.2 Numbers 6 and 6A are currently residential in use, having been converted under the provisions of PA 07/02126 and 08/00471. The buildings are Registered (RB 35 and 36) and are three storeys with a basement. At the rear there is a car parking area which is shared with number 5. This parking area is accessed from the rear - Farrant's Way. THE PROPOSAL 2.1 Proposed is the change of use of the property from residential to offices, No changes to the building or the site are proposed. Plans submitted show that ten parking spaces are available at the rear, two of which are related to the use of number 5. 2.2 The applicant amended the description of the development to include the provisions for the ramped access and has provided details of the ramp which will provide an entrance with a gradient of around 4 degrees at the front and rear, with painted metal railings either side at the front and less decorative metal railings at the rear,. PLANNING STATUS AND POLICY 3.1 The site lies within Castletown's Conservation Area and the building is Registered. The building lies within an area of Mixed Use on the Castletown Local Plan of 1991 and the Area Plan for the South adopted in 2013. 3.2 The Castletown Local Plan notes that "office accommodation in Castletown now tends to be centred on the Parade". It also requires that car parking provision should be made on the basis of one space per 50 sq m nett floor space where practicable. Discretion as to the degree and location of car parking will however be exercised in cases where developments may be prejudiced by a rigid application of car parking standards. (3.9) 3.3 The Local Plan also states "The Parade area is now the centre of further office developments based on the residential units on the north east of the Parade and the Old Page 1 of 6 14/00300/B 20 May 2014

==== PAGE 2 ====

Town Hall. This is seen as beneficial in injecting finance into the refurbishment and maintenance of important Registered Buildings" (paragraph 9.11). 3.4 The Strategic Plan contains one relevant policy regarding Registered Buildings - Environment Policy 33: "The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest." 3.5 The Strategic Plan car parking requirements for offices such as this are as follows: one space for every 50 sq m nett of floor space but that "These standards may be relaxed where development: a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or b) would result in the preservation of a sensitive streetscape, or c) is otherwise of benefit to the character of a Conservation Area d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality" (A.7.6). 3.6 The Area Plan for the South adopted in 2013 contains the following statements on office use: Paragraph 6.5.1 "The Office sector is of major significance to Castletown, as the Town has the third largest office provision on the Island behind Douglas and Ramsey. This provision is mainly taken up by the Insurance sector. Although the highest demand for new office space is likely to be centred on Douglas, it is anticipated that there will continue to be a requirement for new office accommodation in Castletown due to its attractive character, the existing business presence, and proximity to the Airport. Existing office provision within Castletown is centred upon various properties within the Town and the Red Gap site occupied by Friends Provident." Paragraph 6.5.3 "It is considered that future office development within the South may be accommodated primarily by using existing buildings. Within the Mixed Use areas this will normally take the form of the upper floors of buildings which are not currently in residential use. However, it should be recognised that office use may be permitted on the ground floor of buildings where it would make use of an otherwise vacant unit and the character and appearance of the area would not be harmed. Proposals for such office uses would be considered on their merits. The series of Mixed Use Proposals below set out the circumstances where office development would be acceptable." 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 floom 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 4: "The upper floors of buildings in the Mixed Use areas of Castletown, Port Erin, Port St Mary and Ballasalla may be appropriate for office use although there will be a presumption in favour of the retention of existing residential uses subject to the circumstances and merits of any alternative uses." 3.7 The Planning Policy Statement 1/01 includes the following: In considering a proposal for change of use of a registered building, the principal aim should be to identify the optimum viable use that is compatible with the fabric, interior and setting of the building, all of which affect its special character as a building of merit. An applicant will 14/00300/B Page 2 of 6 20 May 2014

==== PAGE 3 ====

have to illustrate that the effect of any proposed changes upon the architectural and historic interest of the building will be minimised. Registered building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals. Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting, PLANNING HISTORY 4.1 The property has had a number of previous planning applications, the most recent of which have been concerned with the renovation of the building and its conversion to residential accommodation (a single dwelling). Historically permission has been given for the use of the properties as offices (PA 89/00573, 89/01121. Three applications for 5, The Parade and Balcony House which involved the demolition of the buildings and their replacement with new fabric comprising office space were withdrawn before a decision was taken (PAs 05/92412/CON, 05/92412/GB and 09/92115/GB). 4.2 PA 13/00067 proposed the same change of use of the building from residential to offices, This was refused for the following reason: It has not been demonstrated that the building could be used for office use without necessitating changes which would detrimentally affect the interior of the property and thus the proposal fails to comply with the provisions of EP 33. Furthermore, there is a presumption against the loss of residential accommodation on the upper floors of property in Mixed Use areas of Castletown as set out in Mixed Use Proposal 4 of the Area Plan for the South adopted in 2013, REPRESENTATIONS 5.1 Manx National Heritage are not opposed to the proposed change of use but are concerned at potential future changes to the inside of the properties, in respect, for example, to the period joinery, decorative finishes and fabric of the building and trust that if approved, appropriate conditions will be attached to any permission. 5.2 The owner of 7, The Parade asks why a Registered Building application has not been made (RB consent is required but it is not mandatory to require that the RB application is submitted at the same time as that of the planning application). She also notes that the previous owner specified that the building should remain residential and a previous application was refused for this form of development. If permission is granted then all the existing features should be retained and also asks whether it would be possible for one or two suites to be retained as residential use. 5.3 Castletown Heritage have concerns regarding the viability of the town centre and a mixture of residential types being available but essentially their concern lies with the preservation of the internal detailing and any changes which would be detrimental to the architectural integrity of the building. 5.4 Department of Infrastructure Highway Services do not oppose the application. ASSESSMENT 6,1 As the building is Registered, the change of use of the buildings on site will only be permitted if the proposed use is appropriate and any alterations associated with the change 20 May 2014 14/00300/B Page 3 of 6

==== PAGE 4 ====

are not detrimental to their character as buildings of special architectural or historic interest as required by EP 33. The applicant has had meetings with the Building Control and Conservation Officers following the refusal of the previous application and confirms that the fire safety and electrical installations can be done with minimal intrusion into the fabric of the building and wirelessly, in some cases but still satisfying Parts B and M of the Building Regulations. 6.2 The physical changes to the building are only the installation of a ramp at the front and rear. 6.3 The Southern Plan presumes against the loss of residential use on the upper floors of existing buildings in Mixed Use areas, for reasons relating to trying to retain life and presence in the town outside of daytime trading hours. It is important that this is not interpreted as an indication that the way forward here would be the ground floor of the property converted to offices, leaving the upper floors as residential. As the property was never subdivided vertically into different uses, it does not lend itself to this subdivision now and it is very likely that such a proposal would lead to the blocking off of hallways, staircases and many other changes which would be detrimental to the character and importance of the buildings - the matters referred to by those expressing concern about the proposal. Whilst the applicant has indicated that strict adherence to the Area Plan policies could lead to this, as they support the provision of commercial use on the ground floor with residential above, this pays no regard to the original or arguably the most appropriate use of the building. Whatever its use, however, it is agreed that the use should be consistent within the building rather than a subdivision of uses by floor. 6.4 Concern has been raised, rightly, about potential change to the internal aspects of the building aspects which are important for the integrity and historic interest of the building. With any building of interest, it is essential for the longer term preservation of its features of interest that the owner and user of the building have these interests at heart, moreso than the use to which the building is put. It could be argued that a residential use of the building could lead to detrimental impacts on these features if the owner and/or user were not interested in preserving them. However, being Registered, there is some element of control in the requirement for Registered Building consent which includes consideration and protection of the internal features, the planning process having regard to the use and the exterior. 6.5 The external changes in this case are only the addition of the two ramps which will alter a little the appearance of the building as viewed from immediately alongside but will make the building considerably more accessible, regardless of its use and as such these small changes are considered acceptable. Conclusion 6.6 Whilst it may be preferable to some to have a residential use of these properties, which reflects the original use and perhaps can better accommodate the building and all its features of interest. However, the test is not what is preferable but what is acceptable and in this case, there are policies which welcome residential accommodation on the upper floors, in favour of office use and policies which encourage the commercial use of ground floors. There are no policies which deal with the whole building where the building was originally laid out as one unit and it is also relevant to take into account the fact that the building is Registered and as such there is an additional level of flexibility to be applied to the use of such sites in order to preserve the future and integrity of the building in question for example, if an application were submitted for the demolition of a Registered Building, the applicant must demonstrate that all available means have been tested, including alternative uses, to find a viable use for the building. 6.7 In this case, the use of the building as offices will add to the patronage of local shops and services and add to the range of services available to those who visit the town and those 20 May 2014 14/00300/B Page 4 of 6

==== PAGE 5 ====

employed in it. There is parking within the site which will accommodate many of the vehicles which will be generated by the proposed use. As such, it is considered that the application for the change of use of the building is acceptable. PARTY STATUS 7.1 The local authority, Castletown Commissioners are, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered "interested persons" and as such should be afforded party status. 7,2 Number 7, The Parade is alongside the site and the owners should be afforded party status in this case. 7.3 Castletown Heritage is not directly affected by the proposal and as such should not be afforded party status in this case. 7.4 The Highway Authority is granted interested party status under the Town and Country Planning (Development Procedure) (No 2) Order 2013 paragraph 6 (4) d. 7.5 Manx National Heritage is a statutory authority and should be afforded party status in this case. Recommendation Recommended Decision: Permitted Date of Recommendation: 06.05.2014 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. To comply with article 14 of the Town and Country Planning (Development N 1. 20 May 2014 14/00300/B Page 5 of 6

==== PAGE 6 ====

The applicant Is advised that no physical changes to the building - internal or external may be implemented until such times as Registered Building consent has been obtained from the Department. This approval relates to Drawings reference 1266-03C received on 02A, 1266-04A all received on 12th March, 2014. 2014 and 1266-00, 1266-OlA, 1266- a I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management Senior Planning Officer. -go 'ZC^ Decision Made: Permitted Date: Determining officer (delete as appropriate) Signed :... Chris Balmer Senior Planning Officer Signed :... Sarah Coriett Senior Plannihg Officer Signed :... Michael Gallagher Signed : Jennifer Chaihofe" Director of Planning and Building Control Head of Development Management 14/00300/B Page 6 of 6 20 May 2014