Report of an Appeal by Castletown Securities Limited against the refusal of full planning approval for the erection of bollards, metal panels and chains to parking area (Retrospective), at 32-34 Malew Street, Castletown, Isle of Man IM9 1AF.

The relevant facts and material considerations are summarised as follows:

Preliminary

1. This appeal is being dealt with on the basis of written representations and my site visit which was carried out on the 23^{\text {rd }} May 2011.

The Appeal Site

2. The site is a former Methodist chapel on the east side of Malew Street, which is now used as offices. There is an open forecourt and access to the rear on the northern side of the building. At the rear is car parking amongst mature trees.

The Proposed Development

3. Retrospective approval is sought to erect bollards across the frontage and chains between the bollards to secure the area from unauthorised car parking. The bollards are metal. There are short sections of metal gates at the foot of the entrance steps. A bin storage area was erected on the northern boundary.

Planning History, Consultations and Planning Policy

4. PA 97 / 1109 was approved for the change of use from furniture storage to offices. Subsequently there have been a number of approvals for the conversion of the attic to offices and minor works.
5. Castletown Commissioners objected to the proposal on the basis that the posts, panels and chains are of poor appearance in the Conservation Area and the proposal represents a lack of regard for the neighbour's property.
6. Highways Division had no objection.
7. The owners of 36 Malew Street objected because the works had been carried out without approval and consultation. There may be a legal point about the fixing of the bolts for the chain to the wall. Concern was expressed at the poor appearance of the structures within the Conservation Area. The chains were noisy in windy weather. The wheeled bin enclosure did not have a satisfactory appearance for a Conservation Area.
8. Environment Policy 35 of the 2007 Strategic Plan and Planning Policy Statement 1/01 apply within Conservation Areas.

The Case for the Planning Authority

9. The fence panels are industrial/utilitarian in appearance and character and out of keeping in a historic street scene within a Conservation Area. The panels and posts do not enhance the appearance and character of the street scene. Nor are these items neutral in terms of their impact.

The Case for the Appellant

10. The bollards and chains were erected in response to parking problems on the land. Occupants were finding that other persons were parking on the property. The enclosure was to suitably contain the 'wheelie bins' and other black rubbish bags which is now required. It is not thought that planning approval is required for the parking control hardware.

11. The bollards and chains etc are a "utility". It is not accepted that they are out of character with the Conservation Area. They are similar to those installed by Government Departments in the centre of Conservation Areas and Manx National Heritage around the Castle.

12. The standard for such items in the Conservation Area has been set as illustrated in the enclosed photographs with the evidence. A different standard should not be applied to this proposal.

INSPECTOR'S ASSESSMENT AND CONCLUSION

13. In consideration of this appeal, I believe that the appellant should neither gain advantage nor suffer penalty because the development has already been carried out.
14. From my consideration of all the submissions and my site visit, it seems to me that the main issue is the visual effect of the proposals within the Conservation Area. Within the Conservation Area special attention has to be paid to the preservation or enhancement of the appearance or character of the Area.
15. I judge from my site visit that the posts erected at the appeal site are of a lesser design quality to those erected elsewhere for traffic control measures within the Conservation Area, such as illustrated in the Parade. The bollards the subject of this appeal are straight metal tubes, whereas the other bollards have some shape and appear to be more substantial. Therefore, I consider that the bollards the subject of this appeal are out of character with the other street furniture in the vicinity.
16. The fixing of the chains on the adjoining walls is a civil matter. However, I believe that the fixing is not in keeping with the quality of appearance which is expected in a Conservation Area.
17. The two small fences close to the steps to the building appear incongruous in the street scene and of questionable function.
18. The bin store has been removed. I believe that it was an area defined by an open mesh fence and front gates. There were no details of the front in the planning application. Based on the evidence in the file, I would judge the open fence enclosure to be an inappropriate design to preserve or enhance the appearance of the Conservation Area.
19. Therefore, I conclude that the proposals are inappropriate in a Conservation Area as they would unacceptably affect the visual appearance and character of the Conservation Area.
20. If the Minister is minded to allow the appeal, then the standard planning conditions should be imposed.
21. I have considered all the other matters raised in the submissions but they are not such as to affect my recommendation.

RECOMMENDATION

22. I recommend that the appeal be dismissed. If accepted, this recommendation would have the effect of upholding the decision of the Planning Authority to refuse the application.

John S Turner 17th June 2011 Independent Inspector