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20 August 2014 14/00647/B Page 1 of 6 PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 14/00647/B Applicant : Mrs Tracey Bell Proposal : Alterations and extension to existing retail shop and change of use to dental surgery Site Address : 12 Malew Street Castletown Isle of Man IM9 1AB

Case Officer : Miss Melissa McKnight Photo Taken :

Site Visit : 16.07.2014 Expected Decision Level :

Planning Committee

Officer’s Report

THE APPLICATION IS TO BE DETERMINED BY THE PLANNING COMMITTEE AS THE RECOMMENDATION IS CONTRARY TO THAT OF HIGHWAY SERVICES

1.0 THE SITE 1.1 The application site is the curtilage of 12 Malew Street, a three storey mid terraced property sited on the eastern side of Malew Street in Castletown. The ground floor is currently vacant with the last use being retail. The two floors above comprise residential accommodation. No. 10 Malew Street adjoins the application site to the south and has just had two recent planning approvals for the conversion the building to either a dental aesthetic clinic or a café.

2.0 THE PROPOSAL 2.1 The current planning application seeks approval for the erection of a single storey extension to the rear of the building and the conversion of the existing retail ground floor to a dental surgery.

2.2 The extension to the rear would extend just less than 15 metres from the rear elevation and would be the entire width of the site. The extension would have a flat roof with a height of just less than 3 metres. The extension would be finished in a smooth render with a fibreglass flat roof. There would be UPVC double glazed doors to the rear elevation of the extension.

2.2 The dental surgery would comprise a reception, three surgeries, 1 WC, 2 cross infection rooms one with a stock room, an x-ray room and a staff area.

2.3 It is anticipated that the surgery will have eight members of full time staff. Opening hours will be between 08.00 and 18.00 Monday to Friday and 08.00 to 17.00 on a Saturday.

2.4 The applicants' agent has identified that parking for staff and patients will be via the existing disc zones along the Quay, Market Square and other nearby public car parks.

3.0 PLANNING HISTORY 3.1 The application site has not been the subject of any previous planning applications.

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20 August 2014 14/00647/B Page 2 of 6 3.2 No. 10 Malew Street was granted planning permission in June 2014 for the conversion of the ground floor retail unit to a dental aesthetic clinic under PA 14/00557/B.

4.0 PLANNING POLICY 4.1 The application site is within an area zoned as Mixed Use under the Area Plan for the South 2013. The application site is also in the Castletown Conservation Area. The written statement that accompanies the Area Plan for the South 2013 contains one policy that is considered materially relevant to the assessment of this current planning application:

Mixed Use Proposal 1 states: "In order to maintain and enhance the vitality of the Mixed Use areas in Port Erin, Castletown and Ballasalla, there will 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."

4.2 In terms of strategic policy, the Isle of Man Strategic Plan contains four policies that are considered materially relevant to the assessment of this current panning application:

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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

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."

Business Policy 9 states: "The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1)."

Business Policy 10 states:

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20 August 2014 14/00647/B Page 3 of 6 "Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy."

5.0 REPRESENTATIONS 5.1 Castletown Commissioners have no objection to the current planning application.

5.2 The Department of Infrastructure Highway Services have objected to the planning application because in accordance with the Isle of Man Strategic Plan 3 spaces per consulting room plus staff parking are required. As such 17 spaces are required with the development. However, taking into account the location of the application site, bus route and the possibility of staff/customers walking, Highway Services have reduced the parking requirements to 8. The disc zone parking would be acceptable for the patients, but not staff, as this would result in staff changing the clocks on the discs every couple of hours which would be contrary to the traffic order. The long stay parking within the square is already at its capacity. To have this utilised by staff parking all day could be detrimental to the towns existing businesses and would reduce the parking availability for tourists and others visiting Castletown. Highways Services suggest that the pay and display parking off Farrants Way should be used by all staff.

6.0 ASSESSMENT 6.1 The fundamental issues to consider in the assessment of the application are the impact of the rear extension on the character of the existing building and Conservation Area and whether the proposed use would be compatible with the adjacent uses. It is also necessary to consider the representation made by Highway Services.

6.2 The proposed extension would be to the rear of the building and would not be visible from Malew Street, nor would it be visible from Castle Street given the existing boundary of Castle Rushen and existing rear boundary of the site. As such the proposed extension would have minimal, if any, impact on the character and appearance of the area in general and quality of the Castletown Conservation Area.

6.3 In terms of the existing building, there are a number of buildings along Malew Street that have had rear extensions, some extending beyond single storey. What is proposed under this scheme is not judged to harm the existing building and given the intended use of the building is deemed acceptable.

6.4 In assessing how the proposal may affect the surrounding area, consideration should be given to the amenity of existing buildings and the compatibility of the proposed use with existing uses within the area and those within the locality. The surrounding area has been identified as Mixed Use; therefore the proposed use of the building as a dental surgery would be acceptable in this location.

6.5 As stated in Mixed Use Policy 1, there is a presumption in favour of retaining retail on the ground floor and directing other uses to first floor premises in order to retain the viability and vitality of the town centre. The dental surgery does not fall into any use class and is considered to be sui generis.

6.6 There would be three surgeries within the building and it is judged that the use would most likely generate a similar number of day-to-day comings and goings that a retail shop would in a town centre location. It is likely that there may be a small amount of retailing available in the form of tooth care products. It is considered that the use is appropriate in a town centre location where there is public car parking and is within walking distance of a bus route and nearby residential areas.

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20 August 2014 14/00647/B Page 4 of 6 6.7 The hours of operation would be 08.00hrs to 18.00hrs which would be similar to the adjacent shops, particularly Shoprite on Arbory Street, notwithstanding the Union Public House which is open later in the evening and early hours of the morning at the weekends. It is considered that the proposed use would be compatible with the existing uses within the street scene. Given the proposed use it is unlikely to result in an increase in noise over and above the existing. It is therefore considered that the proposal would not have an adverse impact upon the adjacent properties.

6.8 There are currently five dentists in the south of the Island, one of which is within Castle Rushen High School; the only one in Castletown at present. The use of the ground floor unit would enhance the character and vitality of the street scene as it would bring the ground floor of the premises back in to use as well as providing a much needed service in the south of the Island.

6.9 Highway Services have recommended that application be refused due to the lack of parking for staff. The applicants' agent submitted a further site plan outlining where there are areas of public parking are within proximity to the site. Highway Services have suggested that the applicants enter an agreement with Castletown Commissioners for contractual parking within the pay and display parking on Farrants Way. It would be unethical and not appropriate to request that the applicant does this as it would be unfair to expect them to enter a paying contract for parking. Numerous site visits were conducted in and around Castletown and it was evident that there is adequate parking available for staff and patients.

6.10 The applicant has stated that the surgery will open with a single surgery with the potential to grow and occupy a second and third chair. A single Dentist nurse will be in place. The Dental nurse is residing in Castletown Janet's Corner and the Dentist will occupy the accommodation above the practice. As in Ramsey, the applicant would look to attract the local market providing a medical amenity that Castletown lacks in. In Ramsey 96% of the clients reside in the centre of Ramsey Central or within a 3 Mile radius from the practice. As such, it is likely that most patients may travel to site by foot or public transport.

7.0 CONCLUSIONS 7.1 The new dental surgery is positive with regards to the economic viability of the town and the proposed increase in facilities can only be of benefit to the town. The site is within a town centre location, which is a good sustainable location given the good access to public transport and being within close proximity to nearby residential areas. Castletown is not a large town and many residential areas are well within walking distance of the town centre. In addition, there are three main public car parks providing adequate parking for the use proposed. As such, the proposed development is considered to be acceptable.

8.0 RECOMMENDATION 8.1 For the reasons set out above, it is concluded that the planning application accords with the provisions set out Mixed Use Proposal 1 of the Area Plan for the South 2013 and General Policy 2, Environment Policy 35, Business Policy 9, and Business Policy 10 of the Isle of Man Strategic Plan 2007.

9.0 PARTY STATUS 9.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure) (No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application, Highway Services, and the Local Authority in whose district the land the subject of the application sits.

10.0 PLANNING COMMITTEE SUPPLEMENTARY REPORT

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20 August 2014 14/00647/B Page 5 of 6 10.1 The current planning application was recommended for approval and was brought before Planning Committee on 18th August for consideration.

10.2 The planning application was presented and the Planning Committee members discussed the application. The view was expressed that the flat roof was of concern and that if a single pitch slate roof could be incorporated the proposal would be more acceptable. The recommendation was overturned and planning application was refused for the following reason:

R 1. The proposed extension, by reason of its flat roof design would result in an unattractive and incongruous addition which would be harmful to the Conservation Area and perception of views from the Castle.

Recommendation

Recommended Decision:

Permitted

Date of Recommendation:

22.07.2014

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

R 1. The proposed extension, by reason of its flat roof design would result in an unattractive and incongruous addition which would be harmful to the Conservation Area and perception of views from the Castle.

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This refusal relates to drawing numbers 01 REV. A and 02 date stamped as received on 23rd May 2014 and 03 date stamped as received on 19th June 2014.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.

Decision Made : ... Committee Meeting Date : ...

Signed :...

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20 August 2014 14/00647/B Page 6 of 6 Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES Supplemental Report above