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This application is recommended for consideration by the Planning Committee rather than under delegated powers as the site has a history of applications which have been considered by the Planning Committee and there are more than 5 local objections to this application which is recommended for approval.
The site represents the first and second floors of a part of the Callow's Yard complex, which sits to the rear of 17 and 19, Malew Street facing into the courtyard formed by the rears of 9-21, Malew Street and 6-26, Arbory Street. The application floorspace is accessed through a stairwell to the rear of 17, Malew Street which leads up to a corridor on the first floor where there is an entrance into the application unit, and a stairwell in the bar area to the rear of 17, Malew Street which discharges into the first floor unit itself. Within the first floor there is a stairwell down to the first floor area of the unit and access to the space to the north west.
In the original application, PA 05/1539 the first floor of the application area was partly a seated area and partly a residential unit split over the first and second floors where there was also a small seating area associated with the first floor.
The site lies within an area designated as Mixed Use on the Castletown Local Plan of 1991 and the draft Area Plan of 2001. Both plans identified the area between Arbory and Malew Streets as suitable for redevelopment.
All of the site lies within Castletown's Conservation Area. The Castletown Plan (1991) contains the following:
Other relevant policies include 5.4 which states that the introduction of housing into the town itself will be encouraged but will require to be to a suitably high standard of design in line with the Conservation Area policy.
The car parking section suggests that there is limited parking available and that "discretion in the provision and location of parking may therefore need to be exercised" (7.6) and that bearing in mind the Conservation Area status, the policy need not universally be applied. There is specific reference to this site in paragraph 7.19 where it states that "any future development of the area between Arbory Street and Malew Street will be required to incorporate the maximum car parking provision which is feasible in this area but must not prejudice the bowling green, tennis courts and play area".
The section on Conservation Area does not mention this site specifically but refers to the need for a high standard of design, the importance of controlling demolition and replacement buildings.
The emerging plan which emerged as far as a draft but not as far as a public inquiry and which can only have limited weight attached to it, refers to this site and has a policy which states: "The area between Arbory Street and Malew Street within the Mixed Use area (behind the buildings which front onto those streets) may be suitable for the extension of existing retail units or the creation of new pedestrian links between the two streets. Existing outbuildings or outlets of historic interest or merit should be retained and any application for development in this areas should be accompanied by an archaeological assessment of the site." The accompanying text (paragraph 2.3) warns against the development of this area if it will drain the existing units from the main streets. The section on car parking suggests that "parking standards may be applied with flexibility if it results in the re-use of a Registered Building or building of architectural interest, will result in the preservation of a sensitive streetscape or is otherwise of benefit to the character of the Conservation Area" (7.8).
The recently published draft Southern Area Plan confirms the designation of this area as Mixed Use and in the draft Written Statement refers to the majority of retail provision in the south within existing settlements including Castletown. The Plan goes on to encourage town and village centres to be "attractive, viable and full of vitality" and "a mix of different uses" should be located within the centres. The Plan also states "this will include elements of retail, office and community facilities and residential as well as dedicated public spaces which will be a focus for community activity." (paragraph 5.13.1). Callow's Yard is referred to specifically at paragraph 5.15 .1 where it states, regarding "Current Retail Provision in Castletown", "The redevelopment of Callow's Yard has provided a range of refurbished and new-built units". The Plan goes on to refer to the Isle of Man Retailing Study which was issued in May 2009 recommends that convenience supermarket retail provision is most lacking in the west and south of the Island. The Plan goes on to include policies which state:
"The retention of a mix of uses within the identified mixed use areas in Port Erin, Castletown and Ballasalla will be encouraged so that the vitality and viability of the centres is protected, to this end there will be a presumption in favour of the retention of existing retail units." (Retail Policy 1)
Planning permission has been granted for the initial scheme, PA 05/1539, which proposed the redevelopment of the area between 17 \& 19 Malew Street, 4a, 16, 18, 20, 22, 24 \& 26 Arbory Street, physic garden and the land in between. This was permitted on appeal following objections, principally concerned with the lack of car parking within the scheme. Since then, the site has grown in area to include Arbory Court, 6-14, Arbory Street and 9, 11, 13, 15 and 21, Malew Street and there have been subsequent applications for other parts of the site.
Planning permission has been sought for various developments of and alongside Arbory Court as follows:
PA 06/2208 - demolition of existing barns to the rear of 28, Arbory Street, partly demolish barn to the rear of 23, Malew Street and rebuild new retail/commercial building on the existing footprint linked to the approved adjacent Callow's Yard development - permitted on appeal
PA 07/0950 - relocation of bin store and creation of refuse service yard, electrical water intake rooms within the existing parking lot in front of Arbory Court, to service the Callow's Yard development as approved under PA 05/1539 - permitted
Also of relevance is PA 09/0612 which is yet to be determined and which proposes the use of the upper, first floor of this building as a function room.
Proposed now is the change from the seated area in association with the coffee lounge on the ground floor to incorporate the residential accommodation on the first and second floors into one single space on each floor in association with a bar on the ground floor.
There are general objections to all of the applications submitted in respect of Callow's Yard (PAs 09/0610, 0611, 0612, 0613, 0614 and 0617) on the grounds that there are likely to be problems from traffic, litter, noise and smell nuisance from the proposed uses and that there are already sufficient eating establishments in the town, the loss of the through route from the following parties:
Department of Transport Highways and Traffic Division do not object to the application Disability Access Officer make suggestions regarding corridors and doorways which are matters for the Building Regulations
Department of Transport Drainage Division raise no objection subject to conditions relating to the Sewerage Act which is not a material planning consideration
Environmental Protection Unit initially suggested that further information be provided regarding the efficacy of the flue. Further information has been provided and the Environmental Protection Unit has now indicated that they are content with the provisions for smell and air extraction as now proposed
Castletown Heritage express concern about the validity of the buildings themselves, which is dealt with in a separate application, which does not relate to the floor space referred to in this application
The proposal results in the loss of one residential unit and the creation of a larger eating and drinking area at the rear of the shops and houses off Malew Street. The site is some distance from existing residential property other than those units within the scheme which are already and previously were surrounded by commercial premises, although there was no public through route between the streets. The proposal has no impact on the through route as mentioned in some of the objections and expands an existing eating facility rather than creating another one, with no loss of retail space. The residential unit to be lost is very close to retail uses which could create unneighbourliness for permanent residential occupation.
As such the proposed change of use is considered to be acceptable.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
None of the local residents is close enough to this site to be directly affected by the proposed change of use and as such, with Castletown Heritage who are not directly affected by the proposal, should not be afforded party status in this instance.
Disability Access Officer raises issues which relate to the Building Regulations and as such should not be afforded party status in this instance.
Environmental Protection Unit represent a division of the dlge and should not be afforded separate party status
Recommended Decision: Permitted
Date of Recommendation: 02.11.2009
C 1. 2 November 2009 09/00613/B
This permission relates to the use of the first and second floors of the site as defined in the submitted plans reference PA613/01, PA613/02, PA613/04, PA 613/05, all received on 6th April, 2009, and PA613/03 received on 18th September, 2009, for the sale of food including hot food and drink for consumption on the premises.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : Committee Meeting Date :
Signed : Presenting Officer
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
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