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The site, defined in red represents the curtilages of number 6 to 14 Arbory Street (even numbers) which sit on the northern side of the street. The area edged blue represents the land which is also owned by the applicant company and which is being developed in accordance with a number of applications (see below) which are cumulatively redeveloping a comprehensive area between 9-21 Malew Street (odd numbers) and 6-28 Arbory Street (even numbers).
The site is designated on the Castletown Local Plan of 1991 as Mixed Use with specific reference in the Written Statement to the area between Arbory and Malew Streets as being suitable for the creation of a mall. The draft Castletown Area Plan of 2001 confirms the designation of the area as Mixed Use and also refers to the area in between Arbory and Malew Streets as an area suitable for the provision of new retail units.
Planning permission was granted for the creation of residential and commercial development between 17 and 19, Malew Street and 16 and 26 Arbory Street under PA 05/1539. Since then, Arbory Court (to the rear of 28, Arbory Street) has been added into the overall scheme (PAs 06/2208 and 07/0950), along with numbers 9 and 11, Malew Street (PA 07/0045), and 13, Malew Street (PA 07/1534).
Number 14, Arbory Street, which is the subject of this application was recently demolished on grounds that the building was structurally unsafe, and retrospective permission was granted for this under PA 07/0075.
Now proposed is the erection of a new building on 14 Arbory Street and the alteration of the rears of 8 to 12 to provide a new retail area. Number 14 is to extend to the rear of the new extension and have an internal access to the new retail area which will be accessible from number 10 and 12 Arbory Street and also into the new retail area behind number 8, which in turn links into the new retail unit permitted behind numbers 9 and 11 Malew Street (PA 07/0045 refers). This all extends into the area which was to be occupied by a new cottage (numbered 4 on the original plans for PA 05/1539). This cottage is now to be omitted. The new cottages number 8, 9 and 10 will now have a more open area to the rear but will have public access through the shops to the physic garden open space. These cottages will now have defined rear gardens although the means of definition of the gardens is not specified.
The new building at number 14 Arbory Street will have a height stepped between the ridges of numbers 16 and 12 on each side, and the dormer treatment will match that of number 16. The front elevation is relatively plain with a large four pane glazed shop front, two window arrangement on the first floor and dormered roof. The existing rear of these properties is not attractive and the scheme will improve the visual appearance of these buildings which will now be visible to those living in the units on Malew Street and visiting the retail facilities and the physic garden. New balconies are proposed on the side of the new 14 Arbory Street, however these will not look towards any residential properties.
The first floor level of 10-14 Arbory Street is to be a single apartment with a similar arrangement on the second floor.
The plans refer to 6 to 12 Arbory Street as being retained "as far as is engineeringly possible" which gives no assurance as to whether these buildings are to be retained - there are suggestions that
some of these buildings have already been partly demolished. In fact, number 6 has already been deconstructed - the roof has been removed and the applicant suggests in his correspondence dated 24th September 2007 to the Planning Officer, that the building should probably be totally demolished due to its condition. This has been discussed with the Director of Planning and Building Control and the Senior Building Control Officer and his officers together with the Conservation Officer and officers from Health and Safety and there would appear to be general agreement that it is acceptable that this building is partially demolished. In fact, when one considers the removal of the roof and the first floor walls, together with the replacement of the shop front, there is little, if anything remaining and the proposal effectively seeks permission for the demolition and rebuilding of the property although this is not clear from the application drawings or accompanying information.
The floor plans include a schedule which includes reference to "WINDOWS - Coloured PVC or aluminium frames - in period design. Rendered surroundings and reveals to stone walls with concrete sills". I understand that there may be some suggestion that this is intended to indicate the replacement of existing windows with plastic or aluminium-framed windows although this is not apparent from the drawings. Without justification for the removal of existing windows and further details of the new ones, any permission granted for this application should not extend to the replacement of existing windows which are not explicit in the application and for which planning permission would be required. Further information should be provided in respect of the new windows - sections and material details in respect of the new fabric in numbers 6 and 14. This also applies to the proposal to use pvc barge boards, fascias etc - this may be acceptable on rebuilt fabric but not necessarily on existing retained properties to be refurbished.
The Disability Access Officer recommend that the entrance to the retail units are no narrower than 1m with level access (it is 800mm) which is a matter for the Building Regulations application.
There are objections from the owners of 4 and 28 Arbory Street, and Castletown Heritage regarding the loss of architectural features and buildings of interest and rights of way.
The Department of Transport Drainage Division raise no objection to the proposal subject to the attachment of conditions regarding drainage.
The Isle of Man Fire and Rescue Service recommend consultation regarding fire precautions.
Notwithstanding the objections regarding the loss of the architectural features, the scheme makes good use of existing and replacement floor space and will intergrate successfully into the approved scheme behind. It is considered that the omission of one of the approved dwellings within the development will result in a more spacious environment.
The issues of concern relate to the demolition of features of interest although the applicant suggest they propose to retain as much existing fabric as is practicable. The applicant indicates that the right of way is to be retained.
The assessment of the proposal is not straightforward as there are no existing drawings which indicate that an accurate survey has been undertaken and with which the proposed elevations and plans may be compared. This is of particular concern where there are suggestions by third parties that the proposed elevations show different detailing and/or window patterns to the existing but where the drawings indicate that there is to be no change. If permission is granted, it should be clear that there is no approval granted to alterations to the external fabric of numbers 8, 10 and 12 Arbory Street as is indicated in the application, including the alteration of windows, fascias, guttering, soffitts or downpipes.
I have considered the content of the application with particular consideration to Policy CA/2 SPECIAL PLANNING CONSIDERATIONS and POLICY CA/4 PROPOSALS FOR PRESERVATION AND ENHANCEMENT of Conservation Areas as set out within Planning Policy Statement 1/01, Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man.
I have had an opportunity to view the application site in conjunction with the Director of Planning and the Senior Building Control Officer and discuss the proposals with the applicants. I have made known my dissatisfaction with the lack of 'As Existing' drawings. This would make consideration of an application easier.
We had an opportunity to view No.6 on site and to assess the works required. The property is a poor state of structural repair, and therefore the works outlined in these proposals are justified.
Number 14 Arbory Street, which is the subject of this application, was recently demolished on grounds that the building was structurally unsafe, and retrospective permission was granted for this under PA 07/0075.
The addition of the retail area to the rears of 8 to 12 Arbory Street, is intended to provide a new retail area. The architectural language marries with the remainder of the previously approved scheme and is in keeping with the remainder of the scheme and is therefore deemed acceptable.
I therefore recommend approval of these proposals.
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.
The Disability Access Office raise issues which are relevant to Building Regulations and as such should not be afforded party status in this instance.
The owner of 30 Arbory Street is some distance from the site and is not directly affected by the proposal and as such should not be afforded party status in this instance.
Castletown Heritage is a local interest group who provide useful local knowledge and views but are not directly affected by the proposal and should not be afforded party status in this instance.
The party with a freehold interest in 4, Arbory Street is directly affected as their property is immediately adjacent to the site and as such should be afforded party status in this instance.
The Isle of Man Fire and Rescue Service raise issues which are relevant to Building Regulations and as such should not be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 05.11.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. This permission relates to the development as shown in drawings 2007/004/001 and the location plan received on 11th June, 2007 and 2007/004/003 Rev A and 2007/004/002 Rev A both received on 13th July, 2007. For clarification, this includes the rebuilding of number 6 and 14 as shown in the drawings and includes the use of plastic or aluminium-framed windows (subject to condition 3 below) and plastic soffitts, fascias, guttering and down-pipes on rebuilt structures but does not extend to the replacement of any existing windows in buildings which are to be retained as shown in the plans or the replacement of guttering, soffitts, fascias or down-pipes as such.
C 3. Prior to the installation of any windows or doors, details of the material and frame section must be submitted for consideration and approval by the Planning Authority.
C 4. There must be no discharge of surface water to the main foul sewer.
C 5. The proposed development must be connected to the main foul sewer.
NOTE: A Drainage Connection Fee will be payable to the Drainage Authority on this development
N 1. The Applicant's attention is drawn to the recommendations of the Disability Access Officer, a copy of which is attached to this notice.
N 2. PRIOR to the commencement of any works the applicant is advised to consult the Chief Fire Officer to ensure that adequate fire precautions are taken.
Decision Made : ... Committee Meeting Date : ...
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