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PLANNING OFFICER REPORT AND RECOMMENDATIONS Application No. : Applicant: Proposal; Site Address : 14/00557/B Castletown Securities Ltd Conversion of retail unit to a dental aesthetic clinic 10 Malew Street Castletown Isle Of Man IM9 lAB Case Officer: Photo Taken : Site Visit: Expected Decision Level: Officer Delegation Miss Laura Davy Officer's Report 1.0 THE SITE 1.1 The application site is the curtilage of 10 Malew Street, Castletown which is a mid-terrace three storey property situated to the eastern side of the highway. The ground floor has a current use as retail with office and residential accommodation above. 8 Matew Street is to the south of the application site and is also in the ownership of the applicant, this also has retail at ground floor with offices above. To the north of the application site is 12 Malew Street, again retail at ground floor with residential accommodation above. 2.0 THE PROPOSAL 2.1 The application seeks approval for the conversion of retail unit to a dental aesthetic clinic. There would be two treatment rooms, a store room and W.C, reception/waiting area and a retail section at the front of the unit. 2.2 The hours of operation would be lOOOhrs to 1700hrs Monday to Friday and the business would employ five people. The business would provide dental and beauty treatments. 3.0 PLANNING HISTORY 3.1 The previous planning applications are not considered to be specifically material in the assessment of the application. 3.2 There is a concurrent application for the conversion of the retail unit to a cafe, this is pending decision. 4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area zoned as "Mixed Use" identified on The Area Plan for the South 2013. The application site is also in the Castletown Conservation Area. Given the nature of the application it is appropriate to consider General Policy 2, Environment Policy 35, Business Policy 9 and Business Policy 10 of the Isle of Man Strategic Plan (20th June 2007). It is also appropriate to consider Mixed Use Proposal 1 of The Area Plan for the South 2013. 4.2 General Policy 2 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: Is in accordance with the design brief in the Area Plan where there is such a brief; Does not affect adversely the character of the surrounding landscape or townscape 14/00557/B Page 1 of 4 12 June 2014
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Does not affect adversely the amenity of local residents or the character of the locality, 4.3 Environment Policy 35 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. 4.4 Business Policy 9 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(l). 4.5 Business Policy 10 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, 4.6 Mixed Use Proposal 1 In order to maintain and enhance the vitality of the Mixed Use areas in Port Erin, Castletown and Ballasalla, there will be 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. 5.0 CONSULTATIONS 5.1 Highway Services of the Department of Infrastructure do not oppose as there is public car parking within walking distance of proposed clinic. 6.0 ASSESSMENT 6.1 The application seeks approval for the change of use of the existing retail unit to a dental aesthetic clinic which would have a retail area at the front of the property, The main issues to consider in the assessment of the application are the use, the impact upon the character of the area and whether the proposed use would be compatible with the adjacent uses. 6.2 The Area Plan for the South sets out that there is a presumption in favour of retaining existing retail units on the ground floor. At present the unit is vacant but its last use was retail and was used as an off licence. 6.3 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 aesthetic clinic is considered to be sui generis and therefore does not fall within a specific use. Given that such a use would result in day-to-day callers and is likely to have a small retail section it is considered that a town centre location would be the most appropriate location as there is public car parking and is within walking distance of a bus route. 6.4 The re-use of the ground floor unit would also enhance the character and vitality of the street scene as it would bring the ground floor of the premises back in to use. The hours of operation would be lOOOhrs to 1700hrs which would be similar to the adjacent shops. 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. 6.5 For the above reasons the application is considered to be acceptable and is recommended for approval. 7.0 PARTY STATUS 12 June 2014 Page 2 of 4 14/00557/B
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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 an "interested person" and as such should be afforded interested person status. 7.2 The Highway Services of the Department of Infrastructure is, by virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, paragraph 6 (4) (d), considered an "interested person" and as such should be afforded interested person status. Recommendation Recommended Decision: Permitted Date of Recommendation: 09,06.2014 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. To comply with article 14 of the Town and Country Planning (Development Reason: Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. C2. No customers shall be served or remain in the building outside the following hours lOOOhrs to 1700hrs Monday to Friday. Reason: In the interests of public amenity. This approval relates to 1403-91 and 1403-02 date stamped 7th May 2014. loi.^ lov 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. l'2- (ff Decision Made: Permitted Date: 12 June 2014 14/00557/B Page 3 of 4
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Determining officer (delete as appropriate) Signed :... Chris Balmer Senior Planning.Officer Signed ;... Sarah Corlett Senior Planning Officer Signed : Michael Gallagher Signed ;... Jennifer Chance Director of Planning and Building Control Head of Development Management 12 June 2014 14/00557/B Page 4 of 4
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