**Document:** Officer Planning Report **Application:** 13/00067/GB — Change of use from residential to office accommodation **Decision:** Refused **Decision Date:** 2013-04-16 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/17649-malew-balcony-house-6-change-of-use/documents/1314519 --- # Officer Planning Report [Table omitted in markdown export] ## Officer's Report ### The Site 1.1 The site is the curtilage of 6 and 6A, The Parade. These properties are currently in residential use, having been converted under the provisions of PA 07/02126 and 08/00471. The buildings are Registered (RB 35 and 36) and are three storeys with a basement. At the rear there is a car parking area which is shared with number 5. This parking area is accessed from the rear – Farrant's Way. ### The Proposal 2.1 Proposed is the change of use of the property from residential to offices. No changes to the building or the site are proposed. Plans submitted show that ten parking spaces are available at the rear. ### Planning Status And Policy 3.1 The site lies within Castletown's Conservation Area and the building is Registered. The building lies within an area of Mixed Use on the Castletown Local Plan of 1991 and the Southern Area Plan of 2013. 3.2 The Castletown Local Plan notes that "office accommodation in Castletown now tends to be centred on the Parade". It also requires that car parking provision should be made on the basis of one space per 50 sq m nett floor space where practicable. Discretion as to the degree and location of car parking will however be exercised in cases where developments may be prejudiced by a rigid application of car parking standards. (3.9) 3.3 The Local Plan also states "The Parade area is now the centre of further office developments based on the residential units on the north east of the Parade and the Old Town Hall. This is seen as beneficial in injecting finance into the refurbishment and maintenance of important Registered Buildings" (paragraph 9.11). 3.4 The Strategic Plan contains one relevant policy regarding Registered Buildings - Environment Policy 33: "The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest." 3.5 The Strategic Plan car parking requirements for offices such as this are as follows: one space for every 50 sq m nett of floor space "that "These standards may be relaxed where [Table omitted in markdown export] development: a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or b) would result in the preservation of a sensitive streetscape, or c) is otherwise of benefit to the character of a Conservation Area d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality" (A.7.6). ## 3.6 The Southern Area Plan contains the following statement on office use: Paragraph 6.5.1 "The Office sector is of major significance to Castletown, as the Town has the third largest office provision on the Island behind Douglas and Ramsey. This provision is mainly taken up by the Insurance sector. Although the highest demand for new office space is likely to be centred on Douglas, it is anticipated that there will continue to be a requirement for new office accommodation in Castletown due to its attractive character, the existing business presence, and proximity to the Airport. Existing office provision within Castletown is centred upon various properties within the Town and the Red Gap site occupied by Friends Provident." Paragraph 6.5.3 "It is considered that future office development within the South may be accommodated primarily by using existing buildings. Within the Mixed Use areas this will normally take the form of the upper floors of buildings which are not currently in residential use. However, it should be recognised that office use may be permitted on the ground floor of buildings where it would make use of an otherwise vacant unit and the character and appearance of the area would not be harmed. Proposals for such office uses would be considered on their merits. The series of Mixed Use Proposals below set out the circumstances where office development would be acceptable." Paragraph 6.6.5 "In order to ensure that the vitality of the town and village centres is retained in terms of visitor attraction and activity after working hours, it is considered that retail should be the preferred use for ground floors of buildings within those areas designated for Mixed Use with residential use encouraged for the upper floors. Office use will also be acceptable on the upper floors but not at the expense of residential uses, and in certain circumstances on the lower floors." 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 although there will be a presumption in favour of the retention of existing residential uses subject to the circumstances and merits of any alternative uses." ### Planning History 4.1 The property has had a number of previous planning applications, the most recent of which have been concerned with the renovation of the building and its conversion to residential accommodation (a single dwelling). Historically permission has been given for the use of the properties as offices (PA 89/00573, 89/01121. Three applications for 5, The Parade and Balcony House which involved the demolition of the buildings and their replacement with new fabric comprising office space were withdrawn before a decision was taken (PAs 05/92412/CON, 05/92412/GB and 09/92115/GB). ### Representations 5.1 Castletown Commissioners have sought clarification as to whether any car parking is provided as part of the proposal, as increased demand for car parking in the town may be an issue. 5.2 The Isle of Man Water and Sewerage Authority register an interest in the application but make no comment on it. 5.3 Castletown Heritage indicate that they have concerns over the potential alterations which may be required to effect the change in use, of a building which is of considerable historic interest. 5.4 The Highways Division indicate that the parking provision required by the Strategic Plan has not been provided but bearing in mind the location of the site and its accessibility to town centre facilities and public transport, they do not oppose the application. 5.5 The owner of 7, The Parade, a residential property alongside the application property, regrets the proposed change of use and is grateful to the previous owner for restoring the residential use of the property. She considers that a greater permanent presence within the town square will help reduce the likelihood of vandalism and burglary ## Assessment 6.1 As the building is Registered, the change of use of the buildings on site will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to their character as buildings of special architectural or historic interest as required by EP 33. It is understandable that the applicant would prefer to have the security of a planning approval for the change of use before committing time and expense to the preparation of plans which would be required under the Registered Building regulations and the Building Regulations for any changes to the building. 6.2 It is, however also understandable that the Planning Authority has sufficient information to demonstrate that the proposed use can be carried out without necessitating changes to the building, particularly the inside of the building which is also of architectural and historic interest which would be considered detrimental. If planning permission is granted for the change of use, then the Planning Authority may be considered unreasonable for withholding Registered Building approval for the changes to the building which are necessary or could be considered necessary to facilitate the use as offices authorised by the planning approval. As such, it is considered appropriate at this stage, before granting planning permission, to be sure that the building is suitable for use for offices before granting planning approval, even though such changes would also be considered in detail under the Registered Building regulations. Office use can be as simple as installing a computer and a telephone on a desk but can often involve very complex installation of wiring which requires the taking up of floors, the installation of false ceilings, the destruction of coving, skirting boards and architraves and the very detailing which makes these buildings of architectural interest. These changes are not likely to be required if the use remains residential and indeed the building has been restored very successfully to this original use with significant input from the Conservation section of Department of Infrastructure, with the previous owner. 6.3 The Southern Plan presumes against the loss of residential use on the upper floors of existing buildings in Mixed Use areas, more for reasons relating to trying to retain life and presence in the town outside of daytime trading hours. It is important that this is not interpreted as an indication that the ground floor of the property should be converted to offices, leaving the upper floors as residential. As the property was never subdivided vertically into different uses, it does not lend itself to this subdivision now and it is very likely that such a proposal would lead to the blocking off of hallways, staircases and many other changes which would be detrimental to the character and importance of the buildings. 6.4 Concern has been raised regarding car parking. However the applicant has demonstrated that the car parking requirement set out in the Strategic Plan can be met. The rear area is also required to provide car parking spaces 5 , The Parade and this is provided for in the scheme. 6.5 However it remains to be demonstrated that the building could be used for office use without necessitating changes which would detrimentally affect the interior of the property and thus the proposal fails to comply with the provisions of EP 33. Furthermore, there is a presumption against the loss of residential accommodation on the upper floors of property in Mixed Use areas of Castletown as set out in Mixed Use Proposal 4 of the Southern Area Plan. ## Party Status 7.1 The local authority, Castletown Commissioners, is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status. 7.2 Number 7, The Parade is alongside the site and the owners should be afforded party status in this case. 7.3 Castletown Heritage are not directly affected by the proposal and as such should not be afforded party status in this case. 7.4 The Isle of Man Water and Sewerage Authority does not raise material planning considerations and should not be afforded party status in this case. 7.5 The Highway Authority is now part of the Department of Infrastructure of which the Planning Authority is part. As such, the Highway Authority cannot be afforded party status in this case. ### Recommendation Recommended Decision: Refused Date of 11.04.2013 Recommendation: ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval
N : Notes attached to conditions
R : Reasons for refusal
0 : Notes attached to refusals ### R 1. It has not been demonstrated that the building could be used for office use without necessitating changes which would detrimentally affect the interior of the property and thus the proposal fails to comply with the provisions of EP 33. Furthermore, there is a presumption against the loss of residential accommodation on the upper floors of property in Mixed Use areas of Castletown as set out in Mixed Use Proposal 4 of the Southern Area Plan. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer. **Decision Made:** Refused **Date:** .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. --- *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/17649-malew-balcony-house-6-change-of-use/documents/1314519*