Dept Decision and Inspector's Report

Our Reference : DF14/0029

Planning Secretary Department Of Infrastructure Planning and Building Control Division Murray House Mount Havelock Douglas

Dear Sir/Madam,

21st August 2014

RECEIVED ON 22 AUG 2014 DEPARTMENT OF INFRASTRUCTURE

The Town And Country Planning Act 1999

The Town And Country Planning (Registered Buildings) Regulations 2013

PA Ref: 14/00650/CON Applicant: Heron & Brearley Ltd Proposal: Registered Building consent for the erection of a bin store (in association with 14/00648/GB) Registered Building Nos. 25 Address: Quayside Next To Castle Arms Hotel The Quay Castletown Isle Of Man IM9 1LD

I refer to the abovementioned planning application.

The Planning Inspector appointed by the Council of Ministers in accordance with Article 13(8) of the abovementioned Regulations has now considered the application and submitted her report.

On the 14th August 2014, the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the condition(s) specified below.

1. The works hereby granted Registered Building Consent shall be begun before the expiration of four years from the date of this consent.

1. The works hereby approved shall not be carried out except in accordance with Drawing Nos 200, 201 and 202 received on 27 May 2014.

In accordance with article 10(c) of the Regulations, please be advised that the decision of the Council of Ministers is binding and final (subject to the possibility of judicial review by petition of doleance)

The Planning Inspector's report, upon which the decision was determined, may be viewed by visiting http://www.gov.im/categories/planning-and-building-control/planning-development-control/department-applications/departmental-applications-decisions/ or by contacting the office of the Chief Secretary for a hardcopy (Tel 685204).

Yours faithfully,

A Johnstone Planning Appeals Administrator

Crown Division Government Offices Douglas Isle of Man 1 August 2014 To the Council of Ministers Case References: DF14/0028 and DF14/0029 Planning Applications: 14/00648/GB and 14/00650/CON Applications by Heron \& Brearley Ltd for Planning Approval and Registered Building Consent, for the erection of a bin store, on the quayside next to The Castle Arms, The Quay, Castletown.

1. I have the honour to report that on 22 July 2014 I carried out a site visit at the above location. The cases for both applications are being made by written representations.
2. The Castle Arms is a Registered Building. The proposed bin store therefore needs Planning Approval and Registered Building Consent. Concurrent applications have been submitted, and my Report covers both of them.
3. The proposed bin store would be on Castletown's quayside which is owned and maintained by the Department of Infrastructure. For that reason, the applications have to be determined by the Council of Ministers, not the Planning Committee.

Site Description And The Proposal

1. The Castle Arms is a public house occupying a corner location on the western quay of Castletown's Middle Harbour. The pub has neither a yard nor an outdoor storage area. At present, 9 domestic-sized wheelie bins are lined up against the pub's eastern wall, overlooking the harbour. There is an outdoor seating area on the north side of the pub. Castle Rushen and much of the town lie to the north west. Adjoining the south side of the pub is a high stone wall running parallel with the edge of the quayside.
2. The proposal is to build an enclosure for the pub's wheelie bins so that they are out of sight. It would be next to the eastern wall of the building; in the same place as the bins are kept at present. The enclosure would be clad in timber and painted the same colour as the pub. It would be 1.38 m high and 4.3 m long, and it would project 1.48 m onto the quay. It would not actually touch the building, and the whole structure would be demountable.

Representations Received

1. The Department of Infrastructure (Highway Services) has not opposed the applications.
2. The Department of Infrastructure (Harbours) has a storage area to the south of the site, but the available space is not big enough for all of the pub's wheelie bins. The proposed location for the bin store, next to the pub's eastern wall, is therefore considered acceptable, provided that it is demountable.

1. The Isle of Man Water and Sewerage Authority does not object, but has advised that there is a sewer under the site and the bin store should therefore be demountable.
2. The Castletown Town Commissioners support the proposal.
3. Manx National Heritage considers that the proposed bin store would be an improvement to the current unsightly arrangement. The structure should be demountable.
4. Douglas Corporation Waste Management would like to replace 7 of the 9 wheelie bins with 2 larger bins. The proposed bin store has been designed to accommodate these.

Advice From The Department Of Infrastructure'S Planning And Building Control Division

1. The site is located within the Castletown Conservation Area in a part of the town identified in the Castletown Local Plan 1990 as being in Mixed Use.
2. Relevant policies in the Isle of Man Strategic Plan (IoMSP) include Environment Policy 35 (which seeks to protect the character and quality of conservation areas), and Environment Policy 32 (which seeks to protect Registered Buildings).

Assessment

The application for planning approval (14/00648/GB)

1. In my view, the main issue in the planning application is whether the proposed bin store would preserve or enhance the character or appearance of the Castletown Conservation Area.
2. It is clear to me that the prominent location and traditional architecture of The Castle Arms enhances the historic character of the conservation area. It is no surprise that the pub, with its quayside location and dramatic backdrop of Castle Rushen, has been used as a film set.
3. The current arrangement of 9 wheelie bins lined up against the eastern wall of the pub is certainly not attractive; a view shared by all of the parties involved in this planning application. Unfortunately, the pub does not have an enclosed space where bins can be stored out of sight. Nor is there an alternative storage area further away from the pub with sufficient space for the bins. I am satisfied that all possible alternatives have been considered and, to my mind, the proposed bin store against the eastern wall of the pub is the best available solution.
4. The bins would be largely out of sight behind a timber enclosure painted the same colour as the pub to make it less eye-catching. The quayside would look tidier and more attractive. If the pub was needed as a film set, the structure has been designed to be demountable.
5. Environment Policy 35 of the IoMSP requires development in conservation areas to preserve or enhance the area's character or appearance. In my opinion, the proposed bin store would achieve that objective.

The application for Registered Building consent (14/00650/CON)

1. In the application for Registered Building Consent I consider the main issue to be the effect that the proposed bin store would have on the character of The Castle Arms itself.

1. I am comforted by the fact that the proposed bin store would not touch the fabric of the building; it would be freestanding and demountable. I am therefore satisfied that there would be no material detrimental effect on the building's special architectural and historic features, in accordance with Environment Policy 32.

Recommendation

1. In view of my favourable conclusions on both applications, I have reached the view that the proposed bin store is acceptable. I therefore make the following recommendations:

In respect of the application for planning approval (14/00648/GB)

I recommend that approval be granted for the erection of a bin store on the quayside next to The Castle Arms, The Quay, Castletown, as shown in Drwg Nos 200, 201 and 202 received on 27 May 2014, subject to the following condition:

The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

In respect of the application for Registered Building consent (14/00650/CON)

I recommend that consent be granted for the erection of a bin store on the quayside next to The Castle Arms, The Quay, Castletown, as shown in Drwg Nos 200, 201 and 202 received on 27 May 2014, subject to the following condition:

The works hereby granted Registered Building Consent shall be begun before the expiration of four years from the date of this consent. Ruth MacKenzie BA(Hons) MRITT Independent Inspector

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