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Government Reitige Ellan Vanne
GCA Architects Carmodil Beg Studio Glen Road Ballaugh Isle Of Man IM7 5JD
In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Hospice Properties Limited, Ref 13/00824/B, for the Alterations and refurbishment works to existing shop and flat at 9 Arbory Street Castletown Isle Of Man IM9 1LH subject to compliance with the following condition(s):
Date of Issue: 16th August 2013
Director of Planning and Building Control
This decision was made by the Development Control Manager in accordance with the authority delegated to her.
This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005.
Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml
Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.
The proposed development must not be commenced until either;
Whichever is the later.
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.
Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF
Tel (01624 685950) email; [email protected]
13/00824/B
| Application No. : | 13 / 00824 / B | | :-- | :-- | | Applicant : | Hospice Properties Limited | | Proposal : | Alterations and refurbishment works to existing shop and flat | | Site Address : | 9 Arbory Street | | | Castletown | | | Isle Of Man | | | IM9 1LH |
Case Officer : Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
1.1 The application site forms the curtilage of 9 Arbory Street, Castletown which is a traditional three storey terrace property located on the southern side of Arbory Street and north of Farrants Way. To the immediate west of the site is Shoprite store, which includes a pedestrian access which runs from Arbory Street running through the store and along the eastern boundary of the application site to Farrants Way. 1.2 The ground floor of the application property was until recently used by the Hospice, which includes the rear attached outbuilding. The first and second floor of the main building is also registered (in 1995) as a permanent flat with a maximum occupancy of two persons.
2.1 The application seeks approval for alterations, erection of extension and installation of a replacement shop front. 2.2 In terms of alterations/extensions to the front facade of the property (i.e. facing onto Arbory Street) the main changes include the installation of a pitched roof dormer and the installation of a new traditional styled shop front. 2.3 To the rear elevation it is proposed to install a flat roof dormer replacing existing roof lights.
3.1 The previous planning application is considered relevant in the assessment and determination of this application; 3.2 Alterations, erection of extension and installation of a replacement shop front -13/00174/B - REFUSED on the following grounds: "R 1. The proposed flat roof dormer and the blocking up of the second floor windows both to the front elevation, would not contribute to the character or appearance of the area which is designated as a Conservation Area and where the area generally is of considerable age and character and where the Department has a responsibility to require that development preserves or enhances its character and appearance. Consequently, the proposals are considered contrary to General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan."
4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is in an area zoned as "Mixed Use" identified on the Area Plan for the South. The site is within a conservation area. 4.2 Due to the zoning of the site, and the nature of the proposed development, the following planning policy is relevant in the consideration of the application:- 4.3 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; (I) 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." 4.4 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
5.1 Highways Division do not object to the proposal as it has no traffic management, parking or road safety implications.
6.1 It is considered the issue with the proposals relates to the potential impact upon the visual amenities of the street scene/Conservation Area by the proposals. 6.2 When considering any extension/alteration within a Conservation Area the Department will permit only development which would preserve or enhance the character of appearance of the area. 6.3 In relation to the front elevation there are three aspects of the proposal which require consideration. The first is the alterations to the front shop facade which would replace the existing simple facade with a more ornate traditional designed shop front. The applicant indicates that this would be similar in design to similar approved shop fronts. This statement would be correct as the recently completed development 'Callows Yard' shop facades
incorporate similar designs. In relation to this proposal, it is considered the scheme would improve the appearance of the ground floor shop facade, enhancing the character of appearance of the street scene. 6.4 The previous application which was refused, proposed the blocking up of the second floor windows. It was considered if such works were carried out they would have adversely affect the character and quality of the property, contrary to Environment Policy 35. This proposal would not require the windows to be blocked up, only repaired/repainted. 6.5 The third issue relates to the creation of a pitched roofed dormer (timber/lead dressed), rather than the previously refused flat roofed dormer which raised concerns that it would neither preserve nor enhance the character of appearance of the area. This new proposal would provide outlook and light to the bedroom which is currently served by the second floor windows, proposed to be retained. Along this section of Arbory Street the majority of properties do not have dormer accommodation. The exception to this are the inclusion of pitched roofed dormers within the newly constructed 'Callows Yard' development and to the immediately adjacent property Nr 7 Arbory Street, which has two lean-to styled dormer windows to the front elevation, which were approved in 1985. From the street scene these two dormers are apparent and arguably do not add to the character or quality of the property Nr 7 or the Conservation Area. It should be noted that since these two dormers were approved the Castletown Conservation Area (1990), the Isle of Man Strategic Plan (2007) and the Area Plan for the South (2013) have all been adopted. The proposed pitched roof dormer, given its proportion, form, design and finish would preserve the character and quality of the property. Consequently, it is considered this aspect of the proposal would also comply with Environment Policy 35. 6.6 To the rear there is a single aspect which needs consideration. This is for the proposed flat roof dormer (timber/lead dressed) to the rear elevation of the property. This would replace two existing roof lights. This dormer would not be overlay apparent from Farrants Way; given the rear stone outbuilding which would screen views, but also due to neighbouring properties, which from most aspects screened the rear elevation of the property. Again view of the proposal would be limited from the pedestrian footpath which runs from Farrants Way into the Shoprite Store (along western boundary of site) given the setback position of the dormer from the rear elevation of the Shoprite building and given the positing of the boundary wall and the stone outbuilding. Whilst the proposed flat roofed dormer is not ideal in terms of design, it is considered given its modest size, limited appearance from public view and given the overall screen of Farrants Way is made up of differing styles, designs compared to the street scene of Arbory Street, the proposal would be acceptable in this case.
7.1 For the reasons indicated the proposal would comply with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan and therefore the application is recommended for an approval.
8.1 It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d) and should be afforded interested party status:
8.2 The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Permitted
Date of 12.08.2013 Recommendation:
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 permitted shall commence before the expiration of four years from the date of this notice.
C 2. The development hereby permitted shall not be carried out except in full accordance with the following plan 527-06B all received on 15th July 2013.
C 3. Approval hereby given only allows for the new shop frontage to be constructed from timber.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.
Decision Made : Permitted Date : \qquad Determining officer (delete as appropriate) Signed : \qquad Anthony Holmes Senior Planning Officer Signed : \qquad Michael Gallagher Director of Planning and Building Control
Signed : \qquad Sarah Corlett Senior Planning Officer Signed : \qquad Jennifer Chance Development Control Manager
PA13/00824/B Hospice Properties Limited Alterations and refurbishment works to existing shop and flat, 9 Arbory Street Castletown Isle Of Man IM9 1LH Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 17.07.2013, includes;
Conservation Areas: Cons Areas: Castletown Cons Area Dev Control Polygons: Reference Number: 13/00174/B Status: Refused Proposal: Alterations, erection of extension and installation of a replacement shop front Reference Number: 01/01905/B Status: Permitted Proposal: Extension to shop BC Case Polygon: Reference Number: 02/07203/OTH BC Case Status: Building Work Started Proposal: New roof over existing courtyard to extend shop space.
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