**Document:** Planning Officer Report **Application:** 11/01307/C — Additional use from residential to residential and commercial offices (Retrospective) **Decision:** Permitted **Decision Date:** 2011-11-14 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/1624-malew-5-bank-street-additional-use-retrospective/documents/1255631 --- # Planning Officer Report ### Officer's Report [Table omitted in markdown export] THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL IS CONTRARY TO THE PROVISIONS OF THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL. ### Site 1. The site represents the curtilage of 5 Bank Street, Castletown, which is part of a row of three storey terraced properties which are located along the north-western side of Bank Street. The property is a traditional three storey building. It currently comprises a small shop to the front of the ground floor and the remainder of the building is used as a single residential dwelling. ### Proposal 2. The application seeks approval to allow the residential element of the building to be used for either residential purposes or as an office, with the flexibility that the uses can interchange as the need arises. The premises have already been used for offices as consequently the application is considered to be retrospective. ### Planning Policy 3. The application site is within an area of 'mixed use', under the Castletown Local Plan Order 1991. The site is within a Conservation Area. 4. It should also be noted that under the Modified Draft Area Plan for the South the application site is also within an area of 'mixed use' and also within a Conservation Area. - Castletown Local Plan Order 1990 - The Isle of Man Strategic Plan (June 2007) - Modified Draft Area Plan for the South 5. Due to the site being within a predominantly residential area and due to the proposed usage the following policies are relevant in the determination of the application:- Strategic Policy 9: All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park(1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8." Spatial Policy 2: Outside Douglas development will be concentrated on the following Service Centres to provide regeneration and choice of location for housing, employment and services - Ramsey - Peel - Port Erin - Castletown - Onchan Area Plans will define the development boundaries of such centres so as to provide a range of housing and employment opportunities at a scale appropriate to the settlement." General Policy 2: 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; - (l) 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." Business Policy 7: New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space - (a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or - (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance." Castletown Local Plan Order 1990:- Policy 2.12: "Use of the upper floors of existing retail premises for residential or office use will be encouraged. The conversion from residential use to office use will however be discouraged. Modified Draft Area Plan for the South:- "Mixed Use Proposal 4: The upper floors of buildings in the Mixed Use areas of Castletown, Port Erin, Port St Mary and Ballasalla may be appropriate for office use as long as this does not result in the loss of existing residential units." ## Planning History 6. There are no previous planning applications which are considered relevant in the assessment and determination of this application. ## Representations 7. Castletown Commissioners:- "approved." 8. Highways Division:- "Has no adverse traffic management, parking or road safety implications." 9. The Planning Authority has received no privately written representations objecting to the proposal. ## Assessment 10. The submission proposes the use of the upper floors for additional use as an office space, retaining the ability to use the premises for residential if the need so arises. The applicant has advised that the upper floors were leased through an agent to three sets of tenants between 1999 and 2004. They subsequently discovered (applicants live aboard most of time) that between 2003 and 2004 the tenants had used the premises as a small design consultancy company and had been conducting their business form the premises using it as both home and office use. 11. In 2005 again it was leased again through an agent and they found out the premises again were being used as an office for a small company providing insurance to manufactures of mobile phones. This tenancy terminated this year. 12. It is important to note this proposal would not result in the loss of the potential for use for residential purposes. The proposal is seeking the office use as an additional use to the residential use. The applicant hopes this will provide more scope for leasing the building out to future tenants for residential or office use. 13. As indicated within the planning section of this report in Castletown there is a general presumption against the change of use of a residential property at upper floors to office use. 14. Despite the policies in the local and draft area plans which aim to restrict the use of ground and first floors of premises within the Mixed Use areas to retail or sometimes residential use, the heart of Castletown has many properties which are presently unused and the occupation of the premises as an office as proposed will introduce people to the town who could help support it, add to its vitality and aid viability of the retail and catering facilities, without any undue detriment to the level of housing stock or amenities of adjacent properties. 15. This is particularly relevant in the current economic climate with some major retailers going out of business and town centres becoming empty. 16. As such, whilst the policy presumes against the use of upper floor of premises within the town centre for office purposes where their last use was residential, in this case, the occupation and maintenance of the building is of importance as the property is sited within the Conservation Area. 17. In support of the proposal paragraph 9.3.3 of the Isle of Man Strategic Plan states:- "The Department has supported the location of offices in town and village centres for several reasons: - (a) such centres are accessible to all members of the community, staff and visitors alike; - (b) the activity and range of services contribute to the vitality and success of the centres; and - (c) the investment in property can be used to renew the ageing fabric of our town centre buildings." 18. It is also important to note Strategic Policy 9, Spatial Policy 2 and Business Policy 7 of the Isle of Man Strategic Plan all support sustainable development and encourage any office development to be within existing Town centres, especially in Castletown which is regarded as a Service Centre that provides a range of housing and employment opportunities. 19. As such, the additional use for offices is considered to be acceptable in this case. The building is also modest in size and area and will not introduce a significant office use to the town, nor rundermine the level of housing provision. ### Recommendation 20. Overall, it is considered the proposal would comply with the Isle Of Man Strategic Plan therefore it is recommended that the application be approved. ### Party Status 21. It is considered that the following meet the criteria of Government Circular 1/06 and should be afforded interested party status: Castletown Commissioners 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. ### Recommendation **Recommended Decision:** Permitted **Date of Recommendation:** 02.11.2011 ### Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals C 1. This approval relates to the Additional use from residential to residential and commercial offices (Retrospective) as proposed in the submitted documents and drawings 74.4.1, 74.4.2, 74.4.3, 74.4.4, 74.4.5, 74.4.7 and 74.4.8 all received on 20th September 2011. 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 :** 02.11.2011 **Committee Meeting Date :** 10/11/11 Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate YES/NO --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/1624-malew-5-bank-street-additional-use-retrospective/documents/1255631*