DEC Officers Report

Statement Of The Planning Authority ### Isle of Man Government Rallys Elan Vanain #### Planning statement on behalf of Department of Infrastructure Planning and Building Control Erection of a bin store (in association with 14/00650/CON) Quayside Next To Castle Arms Hotel The Quay Castletown Isle Of Man IM9 1LD PA Reference 14/00648/GB Statement prepared on behalf of DOI Planning and Building Control by Planning Officer: Mr S Moore ## The Site 1. The application site represents an area of quayside immediately adjacent to the eastern gable of the Castle Arms Hotel, the quayside, Castletown.

1.2 The site accommodates The Castle Arms a two storey, double piled public house, which is Registered Building number 025 which sits on the western side of the Quay opposite Castle Rushen to its immediate west.

The Proposal

1. These proposals seek Planning Permission for the erection of a bin store (in association with 14/00650/CON).

Planning History

1. The following previous applications are considered to be specifically material in the assessment of the current application:

08/00666/CON - Registered Building consent to fit one external cigarette bin (Registered Building No. 025) - Application Permitted 92/01224/D - Provision of advertising sign, Castle Arms, Castletown - Application Refused 91/04097/B - Provision of advertising, Castle Arms, The Quay, Castletown. - Application Permitted 91/01869/B - Alterations to increase licenced area, Castle Arms, The Quay, Castletown - Application Permitted

Development Plan Policies

1. The application site is located within an area identified as being Mixed Use by the Castletown Local Plan 1990.

4.1 As the property is located within the Castletown Conservation Area designated in 1990, the relevant planning policies from the Isle of Man Strategic Plan 2007 (20th June 2007), are Strategic Policy 4, Environmental Policies 32 and 35 and Policies RB/5 ALTERATIONS AND EXTENSIONS and CA/2 SPECIAL PLANNING CONSIDERATIONS of Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) are also considered to be relevant to determining this application.

Strategic Policy 4 states:

"Proposals for development must:

• (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest;

• (b) protect or enhance the landscape quality and nature conservation value of urban as well as rural areas but especially in respect to development adjacent to Areas of Special Scientific Interest and other designations; and

• (c) not cause or lead unacceptable environmental pollution or disturbance."

Environment Policy 32 states:

"Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted."

Environment Policy 35 states:

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

RB/5: Alterations and Extensions states:

"In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.

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. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative affect upon the building's special interest as a result of several minor works which may individually seem of little consequence."

Policy CA/2 - Special Planning Considerations states:

"When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application.

Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected."

CONSULTATIONS:

1. Castletown Commissioners considered the application with 'no objections raised'.

5.1 The Department of Infrastructure Highways Services 'do not oppose' the proposals.

ASSESSMENT

1. The application seeks Planning Permission for the erection of a bin store (in association with 14/00650/CON) Registered Building No. 25

6.1 Of significance is that the application information notes that there are currently some 9 wheelie bins located on the site. 7 are for general waste and the remaining 2 are for recycling.

6.2 The application information notes that the property owners, Heron & Brearley Ltd do not have a yard or any outdoor area to currently store the bins in. This has resulted in the bins being stored on the quayside immediately adjacent to the Public House which is unsightly.

6.3 The Bin Store will be 1380mm high, clad in timber and will be painted to match the walling colour of The Castle Arms.

6.4 The application information clarifies that the store is to be demountable as the harbour area is often used for filming which certainly assists the consideration.

6.5 The proposed Bin Store would assist in tidying up what is currently an unsightly aspect of this part of the Conservation Area. The views down and across the harbour are important and The Castle Arms is very much a feature building set against Castle Rushen. In an ideal world, this Bin Store would not be located here, but in the absence of a workable alternative, that it would tidy up the rather unsightly wheelie bins and given that it is demountable, the Bin Store is acceptable.

1. Overall it is considered that the erection of a bin store would not have a detrimental impact upon the character and appearance of the Registered Building and the Castletown Conservation Area within which it is located. In doing so, it is considered that the application conforms to the basis of Strategic Policy 4 and Environmental Policies 32 and 35 from the Isle of Man Strategic Plan 2007 (20th June 2007) and Policies RB/5 ALTERATIONS AND EXTENSIONS and CA/2 SPECIAL PLANNING CONSIDERATIONS of Conservation Areas of Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) and is therefore correspondingly acceptable.

Recommendation:

1. For the above reasons the application is considered to be acceptable and is recommended for approval.

Party Status:

1. The local authority Castletown Commissioners is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered an "interested person" and as such should be afforded interested person status.

9.1 The Department of Infrastructure Highways Services is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (e), considered an "interested person" and as such should be afforded interested person status.

Where appropriate recommended conditions and/or Notes for Approval or Reasons and Notes for Refusal

Suggested conditions for any approval

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: Planning and Design Statement v1, Location Plan 1:1250 Drawing Number 1407-GP-200, Proposed Plan 1:100 Drawing Number 1407-GP-201, Existing Plan 1:100 Drawing Number 1407-GP-202 all date stamped 27 May 2014.