17 August 2010 · Director of Planning and Building Control (delegated under Article 3(13) of the Town and Country (Development Procedure) Order 2005)
The Courtyard Shops, 6, Arbory Street, Castletown, Isle Of Man, IM9 1lj
The proposal sought to change an existing 30 sq.m single-storey commercial unit previously used as an estate agent into a betting shop, with no building alterations but window displays showing odds and events.
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The officer assessed the proposal against policies directing commercial uses to town centres but requiring Conservation Area development to preserve or enhance character (EP 35).
Environment Policy 35
Requires development to preserve or enhance the character or appearance of the Conservation Area and protect special features. Officer found the betting shop's blank frontage would fail this test in a prominent location.
Business Policy 1
Ground floors normally inappropriate for office development unless adding interest to frontage and vitality. Betting shop (Class 2) frontage not shown to meet this.
Retail Policy 1
Presumption in favour of retaining retail units in mixed-use areas to protect vitality. Change to non-retail betting shop opposed.
Do not oppose has no traffic management, parking or road safety implication
The original application for change of use from existing estate agents to a betting shop was refused on 16/08/2010 or 17/08/2010 by the Planning Committee/Director. Appellant Bet A Bet Ltd, via agent Cornerstone Architects, lodged appeal AP10/0122 around 23-26/08/2010, triggering a process for an independent inspector with potential written representations and public inquiry. The Department was requested to submit a full statement of case by 04/10/2010. Before any hearing or determination, the appellant's agent requested withdrawal around 29/09/2010-04/10/2010, confirmed by Chief Secretary's Office on 04/10/2010, leaving the original refusal standing. Appellant indicated intention to pursue a new application at Callows Yard.
Precedent Value
No precedent set as appeal was withdrawn before inspector determination. Applicants should ensure appeal viability before lodging, as withdrawal leaves original refusal standing and may signal intent for alternative site/application.
