**Document:** Officer Planning Report 09/00613/B
**Application:** 09/00613/B — Change of use of approved residential unit to lounge/bar with restaurant.
**Decision:** Permitted
**Decision Date:** 2009-11-18
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/63881-malew-ground-floor-to-change-of-use/documents/1387566

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# Officer Planning Report 09/00613/B

## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ### Consultations [Table omitted in markdown export] ## Consultee : Castletown Commissioners Notes : Consultee : Environmental Protection Officer (Water) Notes: Comments received 08.05.09 - Document received "Callow's Yard Development - EPU Consultation in respect of odour \& noise control 22nd April 2009. Consultee : Castletown Heritage Notes: Comments received Consultee : Drainage Division Notes: No objection subject to the following conditions:- Consultee : Disability Access Officer Notes: comments.

### Officer's Report

This application is recommended for consideration by the Planning Committee rather than under delegated powers as the site has a history of applications which have been considered by the Planning Committee and there are more than 5 local objections to this application which is recommended for approval.

### The Site

The site represents the first and second floors of a part of the Callow's Yard complex, which sits to the rear of 17 and 19, Malew Street facing into the courtyard formed by the rears of 9-21, Malew Street and 6-26, Arbory Street. The application floorspace is accessed through a stairwell to the rear of 17, Malew Street which leads up to a corridor on the first floor where there is an entrance into the application unit, and a stairwell in the bar area to the rear of 17, Malew Street which discharges into the first floor unit itself. Within the first floor there is a stairwell down to the first floor area of the unit and access to the space to the north west.

In the original application, PA 05/1539 the first floor of the application area was partly a seated area and partly a residential unit split over the first and second floors where there was also a small seating area associated with the first floor.

### Planning Status

The site lies within an area designated as Mixed Use on the Castletown Local Plan of 1991 and the draft Area Plan of 2001. Both plans identified the area between Arbory and Malew Streets as suitable for redevelopment.

All of the site lies within Castletown's Conservation Area. The Castletown Plan (1991) contains the following:

### Commercial/Retail

- 2.3. One area does however have potential for development as retail use:- i) an area between Arbory Street and Malew Street.
- 2.4. The section between Arbory Street and Malew Street is seen as having potential for the creation of a mall between the two streets

- 2.5. The structures behind the buildings fronting the two streets are largely redundant and of little intrinsic value and could therefore be demolished in order to permit such a development to take place.
- 2.6. Such a development would not only provide additional retail capacity in the central area but would also effectively link Arbory Street and Malew Street, encourage circulation between the two and alleviate the possible reluctance of the customer to visit the furthermost shops in the knowledge that it was necessary to return by the same route. Approval in principle has now been granted for a scheme which incorporates retail uses at ground level and hotel accommodation on upper levels. - 2.10 The area between Arbory Street and Malew Street should be developed for retail purposes at ground level with the option of hotel/tourism development on upper levels and a pedestrian link between the two streets should be established. In creating this link, existing structures must be retained where practicable the use of materials and finishes will be closely controlled and the massing of the development must be in sympathy with the neighbouring buildings. In any new development, the use of the upper levels for residential, retail or tourism will be encouraged.
- 2.11 It is considered that such a development can only be realised if it is actively promoted. To this end it is recommended that the Castletown Commissioners should pursue this policy as a matter of priority.

Other relevant policies include 5.4 which states that the introduction of housing into the town itself will be encouraged but will require to be to a suitably high standard of design in line with the Conservation Area policy.

The car parking section suggests that there is limited parking available and that "discretion in the provision and location of parking may therefore need to be exercised" (7.6) and that bearing in mind the Conservation Area status, the policy need not universally be applied. There is specific reference to this site in paragraph 7.19 where it states that "any future development of the area between Arbory Street and Malew Street will be required to incorporate the maximum car parking provision which is feasible in this area but must not prejudice the bowling green, tennis courts and play area".

The section on Conservation Area does not mention this site specifically but refers to the need for a high standard of design, the importance of controlling demolition and replacement buildings.

The emerging plan which emerged as far as a draft but not as far as a public inquiry and which can only have limited weight attached to it, refers to this site and has a policy which states: "The area between Arbory Street and Malew Street within the Mixed Use area (behind the buildings which front onto those streets) may be suitable for the extension of existing retail units or the creation of new pedestrian links between the two streets. Existing outbuildings or outlets of historic interest or merit should be retained and any application for development in this areas should be accompanied by an archaeological assessment of the site." The accompanying text (paragraph 2.3) warns against the development of this area if it will drain the existing units from the main streets. The section on car parking suggests that "parking standards may be applied with flexibility if it results in the re-use of a Registered Building or building of architectural interest, will result in the preservation of a sensitive streetscape or is otherwise of benefit to the character of the Conservation Area" (7.8).

The recently published draft Southern Area Plan confirms the designation of this area as Mixed Use and in the draft Written Statement refers to the majority of retail provision in the south within existing settlements including Castletown. The Plan goes on to encourage town and village centres to be "attractive, viable and full of vitality" and "a mix of different uses" should be located within the centres. The Plan also states "this will include elements of retail, office and community facilities and residential as well as dedicated public spaces which will be a focus for community activity." (paragraph 5.13.1). Callow's Yard is referred to specifically at paragraph 5.15 .1 where it states, regarding "Current Retail Provision in Castletown", "The redevelopment of Callow's Yard has provided a range of refurbished and new-built units". The Plan goes on to refer to the Isle of Man Retailing Study which was issued in May 2009 recommends that convenience supermarket retail provision is most lacking in the west and south of the Island. The Plan goes on to include policies which state:

"The retention of a mix of uses within the identified mixed use areas in Port Erin, Castletown and Ballasalla will be encouraged so that the vitality and viability of the centres is protected, to this end there will be a presumption in favour of the retention of existing retail units." (Retail Policy 1)

## Planning History

Planning permission has been granted for the initial scheme, PA 05/1539, which proposed the redevelopment of the area between 17 \& 19 Malew Street, 4a, 16, 18, 20, 22, 24 \& 26 Arbory Street, physic garden and the land in between. This was permitted on appeal following objections, principally concerned with the lack of car parking within the scheme. Since then, the site has grown in area to include Arbory Court, 6-14, Arbory Street and 9, 11, 13, 15 and 21, Malew Street and there have been subsequent applications for other parts of the site.

Planning permission has been sought for various developments of and alongside Arbory Court as follows:

PA 06/2208 - demolition of existing barns to the rear of 28, Arbory Street, partly demolish barn to the rear of 23, Malew Street and rebuild new retail/commercial building on the existing footprint linked to the approved adjacent Callow's Yard development - permitted on appeal

PA 07/0950 - relocation of bin store and creation of refuse service yard, electrical water intake rooms within the existing parking lot in front of Arbory Court, to service the Callow's Yard development as approved under PA 05/1539 - permitted

Also of relevance is PA 09/0612 which is yet to be determined and which proposes the use of the upper, first floor of this building as a function room.

### The Proposal

Proposed now is the change from the seated area in association with the coffee lounge on the ground floor to incorporate the residential accommodation on the first and second floors into one single space on each floor in association with a bar on the ground floor.

### Representations

There are general objections to all of the applications submitted in respect of Callow's Yard (PAs 09/0610, 0611, 0612, 0613, 0614 and 0617) on the grounds that there are likely to be problems from traffic, litter, noise and smell nuisance from the proposed uses and that there are already sufficient eating establishments in the town, the loss of the through route from the following parties:

- the occupant of Crofton, The Crofts
- the occupant of 8, Douglas Street
- the occupant of 27, Arbory Street
- the occupant of The Malt House, Bridge Street
- the occupants of Bagnio House
- the occupant of 52, Malew Street
- the occupant of 37, Malew Street
- the occupant of 9, Elizabeth Rise
- the occupants of 38, The Crofts

Department of Transport Highways and Traffic Division do not object to the application Disability Access Officer make suggestions regarding corridors and doorways which are matters for the Building Regulations

Department of Transport Drainage Division raise no objection subject to conditions relating to the Sewerage Act which is not a material planning consideration

Environmental Protection Unit initially suggested that further information be provided regarding the efficacy of the flue. Further information has been provided and the Environmental Protection Unit has now indicated that they are content with the provisions for smell and air extraction as now proposed

Castletown Heritage express concern about the validity of the buildings themselves, which is dealt with in a separate application, which does not relate to the floor space referred to in this application

## Assessment

The proposal results in the loss of one residential unit and the creation of a larger eating and drinking area at the rear of the shops and houses off Malew Street. The site is some distance from existing residential property other than those units within the scheme which are already and previously were surrounded by commercial premises, although there was no public through route between the streets. The proposal has no impact on the through route as mentioned in some of the objections and expands an existing eating facility rather than creating another one, with no loss of retail space. The residential unit to be lost is very close to retail uses which could create unneighbourliness for permanent residential occupation.

As such the proposed change of use is considered to be acceptable.

### Party Status

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.

None of the local residents is close enough to this site to be directly affected by the proposed change of use and as such, with Castletown Heritage who are not directly affected by the proposal, should not be afforded party status in this instance.

Disability Access Officer raises issues which relate to the Building Regulations and as such should not be afforded party status in this instance.

Environmental Protection Unit represent a division of the dlge and should not be afforded separate party status

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 02.11.2009

### Conditions and Notes for Approval / Reasons and Notes for Refusal

### C : Conditions for approval <br> N : Notes attached to conditions <br> R : Reasons for refusal <br> 0 : Notes attached to refusals

C 1. 2 November 2009 09/00613/B

This permission relates to the use of the first and second floors of the site as defined in the submitted plans reference PA613/01, PA613/02, PA613/04, PA 613/05, all received on 6th April, 2009, and PA613/03 received on 18th September, 2009, for the sale of food including hot food and drink for consumption on the premises.

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 :
Committee Meeting Date :

Signed :
Presenting Officer

Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate

YES/NO

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*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/63881-malew-ground-floor-to-change-of-use/documents/1387566*