21 November 2007 · Planning Committee
Shop, 13, Malew Street, Castletown, Isle Of Man, IM9 1ab
The application sought permission to alter and extend properties at 11 and 13 Malew Street, including demolition of the rear and part of the front elevation of No.13, rebuilding it taller by 3.5m with dormer windows, and ancillary works to the rears of 9, 11, 13 and 15 Malew Street to connect with the approved Callows …
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The officer assessed that the proposal would result in the loss of virtually all of No.13 Malew Street through extensive demolition (roof removal, rear wall demolition, first floor raised, front windo…
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
Policy CA/2 from Planning Policy Statement 1/01 requires special consideration for Conservation Areas. Officer and Conservation Officer assessed works to No.13 (roof removal, floor raising, rear demolition) as leaving minimal fabric with no justification, detrimental to character.
Conservation Area Policy 4 (PPS 1/01)
Policy CA/4 from PPS 1/01 requires proposals to preserve or enhance Conservation Areas. Demolition/rebuild of No.13 taller with dormers failed this test; no evidence provided on building condition, repair costs or retention efforts as per Strategic Plan 7.33.
Do not oppose
No objection subject to conditions on sewer connection and no surface water to foul sewer
Note to be included (contact for water supply)
Note to be included (fire safety consultation)
Multiple heritage and individual objections focus on demolition and loss of historic features in Castletown Conservation Area, while Drainage Division offers conditional no objection and IoM Water Authority raises connection queries; Fire Safety Officer requires consultation.
Key concern: Demolition prejudices character and appearance of Castletown Conservation Area
Castletown Heritage
ObjectionWe request the Committee refuse this application.; Demolition of even a single building... could prejudice the character or appearance of a conservation area.; The general presumption will be in favour of retaining buildings, which make a positive contribution to the character or appearance of the Conservation Area.
Nigel G. Crowe
ObjectionYour Committee ought to either refuse for lack of proper information, or wait for proper survey plans of the historic fabric.; The submitted architectural drawings amount to a fully accurate survey of the standing buildings.
Isle of Man Water Authority
Conditional No ObjectionThe Authority wish to express their interest... and request that a condition of planning be that the applicant must contact the Authority...
Conditions requested: Applicant must contact the Authority to ensure connection is obtained for water supply purposes, or amendment to existing supply under Water Supply Byelaws; For change in supply to premises contact IoMWA Byelaws Inspector (Michael Karran), tel. 69 59 57
Drainage Division, Department of Transport
Conditional No ObjectionNo Objection in principle, subject to the following conditions; If this 'existing drainage' discharges to the foul sewerage system then... an alternative means of surface water disposal must be provided.
Conditions requested: Proposed dwelling must be connected to public sewer(s) in manner acceptable to Department of Transport Drainage Division, conform to 'Manx Sewers for Adoption', all inspections/surveys including CCTV at developer’s expense; NO discharge of surface water to foul drainage system(s); 21 days notice in writing to Drainage Division prior to communication to public sewer per Sewerage Act 1999
Jonathan Kewley
ObjectionI wish formally to object to this application. I have seen and support the representations made by Castletown Heritage.
Fire and Rescue Service
Conditional No ObjectionIt falls within the scope of Fire Precautions (Flats) Regulations 1996.
Conditions requested: Prior to commencement of any works the Applicant is to consult with the Fire Department with regard to the proposals
The original application sought alterations and extensions to 11 and 13 Malew Street to provide retail at ground and first floor and an apartment above, including demolition of rear and part of front elevation and rebuilding 13 Malew Street, plus ancillary works linking to the approved Callows Yard development (PA 05/01539B). It was refused by the Planning Committee on 21 November 2007 on the grounds that the loss of number 13 was not justified, and the replacement building, taller with dormer windows, would not enhance the Conservation Area contrary to Planning and Policy Statement 1/01. Callow's Yard Developments Limited, via agents Carters Limited, appealed on 3 December 2007, stating the Committee erred and promising further reasons. The appeal was deferred on 23 January 2008 pending a revised application. It was withdrawn on 18 June 2008 after the revised application 08/00212/B was approved.
Precedent Value
This appeal demonstrates that withdrawing to submit targeted revisions can resolve Conservation Area concerns more effectively than appeal litigation, allowing approval of an amended scheme.