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The site represents the curtilage of an existing property located on the western side of Hope Street. The building is a two storey stone fronted building which sits alongside a joiner's/builder's and undertaker's premises. The frontage to Hope Street has a garage door integral to the frontage, a pedestrian door alongside and a large window alongside that with three vertically proportioned windows above. At the rear there is a two storey pitched roof annex with single storey annex attached and lean-to single storey annex all backing onto a small open garden.
The property is presently used as a dwelling.
The site lies within an area of Residential use on the Castletown Local Plan of 1991 and the draft Area Plan of 2001.
The following applications have been submitted in respect of this site:
PA 97/0009 - alterations and extension - permitted
PA 97/0714 - extension to rear of dwelling - permitted PA 07/1621 - demolition of existing garages and construction of two apartments - withdrawn PA 08/0584 - demolition of existing garages and erection of a dwelling - permitted.
The last two applications do not apply to the application site but to the garaging to the rear, fronting onto Mill Street, which were also owned by the previous owner of 33, Hope Street.
The building accommodates a dining room, 4 bedrooms, kitchen, lounge, sun room, two bedrooms (one en-suite) and integral garage. Proposed is the use of part of the property for working from home as an office. The property lies within a Conservation Area and also the business will involve up to three people working at the premises at various times staggered throughout the week with no weekend workers, in addition to the occupant of the property. The business concerned involves the management of the applicant's family assets. Visitors to the premises will be "few and far between". There would be no passing trade and no supplies delivered on a regular of frequent basis, no signage erected. One and a half rooms would be allocated to the office use.
The applicant gives evidence of other commercial uses in the vicinity including the adjoining builder's/joiner's yard, the monumental mason on the other side, an office development across the street between two residential properties, a large office development at the northern end of Hope Street and others in the vicinity which have been converted from residential to commercial in the past.
The applicant confirms that he would accept a condition restricting the use to him and his family affairs.
Department of Transport Highways and Traffic Division recommend that the application is refused as there is no parking to serve the proposed use.
The Fire Prevention Officer requests the installation of smoke detection which is dealt with as part of the Building Regulations and as such is not a planning matter and should not be referred to in the planning decision notice.
The Castletown Local Plan of 1991 contains a policy under the heading of Offices which states that no office development would be permitted other than in the paragraphs which include reference to the upper floors of buildings in the commercial area of Malew and Arbory Streets and that car parking provision should be made available at a ratio of one space per 50 square metres net of floor space, where practicable but that discretion would be applied as to the degree and location of car parking where a rigid application would result in a prejudice to development. Paragraph 7.9 also states that within the conservation Area flexibility could be applied to the application of parking standards.
The draft Castletown Area Plan of 2001 refers to new office use taking place on the upper floors of buildings which are not used for residential purposes and within the Mixed Use Area or where such use would secure the use of a building of interest which would otherwise fall into disrepair. Paragraph 3.4 states that parking standards may be relaxed where the development results in the re-use and maintenance of buildings of historic or architectural interest. It also states that the Department of Transport has indicated that in the case of small buildings which accommodate office use, there may not be on site a full complement of parking spaces but that the deficit could be absorbed in existing car parks although such car parks may be operating to full capacity and that new car parks may be required.
There is a policy which states "OUTSIDE OF THE DESIGNATED MIXED USE AREA OR AREAS DESIGNATED AS BEING SUITABLE FOR OFFICE [sic] USE THERE WILL BE A PRESUMPTION AGAINST NEW OFFICE DEVELOPMENT, WITH THE EXCEPTION OF THE SYMPATHETIC CONVERSION
AND RE-USE OF REGISTERED BUILDINGS OR BUILDINGS OF HISTORICAL OR ARCHITECTURAL INTEREST WHICH WOULD OTHERWISE BE LEFT REDUNDANT". The policies on car parking are similar to those in the local plan regarding standards and opportunities for flexibility.
The Strategic Plan contains guidance on business development and commerce and states that exceptions to the general rule that office activity will be located in our town centres, including Castletown but that in certain cases, other locations may be considered acceptable, including working from home where this does not result either in staff being employed or in day today callers, there is no detriment to the residential area as this can result in less travelling and encouraging the formation of new businesses. The policy, Business Policy 7, states that new office floor space should be located in town and village centres on land which is zoned for the purposes on the appropriate area plan.
The Town and Country Planning (Permitted Development) Order 2005 complements this by introducing Permitted Development for working from home where this involves neither staff nor day to day callers.
Whilst the applicant quotes from the local plan where it states that former conversions, including St. Mary's Church and the old Town Hall have been successful and that continued conversions will "have a beneficial effect on the central area in terms of enhanced appearance and maintenance" (paragraph 3.4), this follows reference to properties in The Parade and some individual sites such as Lorne House, Red Gap and the old customs house on Bridge Street.
It is considered that the proposal does not accord with adopted policy either in the Local Plan of 1991 or the draft Area Plan of 2001 or the Strategic Plan. However, it is important to consider that the proposal is not for the change of use of the whole building and that the use is personal to the applicant and his particular circumstances and business. The critical issue is therefore whether these circumstances result in so limited an impact from the proposed use, as to warrant setting aside the policy objection to the application. Of relevance in this consideration is the existence of other commercial uses in the vicinity and the availability of parking spaces.
On my visit (mid morning, Monday 21st July, 2008) there was one parking space available on Hope Street, in the vicinity of the property and some builder's vehicles visiting premises close by the site. The use is unusual and would not establish a precedent for further exclusive office use of other residential properties in the area. There are no objections from those in neighbouring properties or from Castletown Commissioners who will be familiar with traffic and parking problems in the vicinity.
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 Fire Prevention Officer requests the installation of smoke detection which is dealt with as part of the Building Regulations and as such is not a planning matter. The Fire Prevention Officer should not be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 21.07.2008
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
C 2. This permission relates to the use of the premises shown in drawings received on 3rd June, 2008 as a dwelling together with the use of up to two rooms for the operation of a business. The business may be operated only by Mr. George A. Hobson as long as he is resident at the premises and for the purposes set out in the applicant's letter date 3rd June, 2008 and received with the application.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : 23/7/08
Signed : [Handwritten signature] Mrs F Mullen Senior Planning Officer
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