**Document:** Planning Report Recommendations **Application:** 09/00611/B — Conversion of ground floor to commercial kitchen to serve function hall and adjacent restaurant. **Decision:** Permitted **Decision Date:** 2009-11-18 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/63883-malew-ground-floor-arbory-conversion/documents/1387677 --- # Planning Report Recommendations ## Planning Report And Recommendations [Table omitted in markdown export] ### Considerations [Table omitted in markdown export] ### Written Representations [Table omitted in markdown export] ## Consultations Consultee : Highways Division Notes: Do not oppose Consultee : Castletown Commissioners Notes : Consultee : Castletown Heritage Notes: Comments received 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 : 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 ground floor of a building which sits to the rear of the buildings on the western side of Malew Street and the eastern side of Arbory Street and now attached to the complex known as Callow's Yard - namely to the buildings at the rear of 21, Malew Street. The building sits to the rear of numbers 23, 25 and 27, Malew Street and the entrance to the site is between numbers 26 and 28 Arbory Street. The building is a new one which replaced Arbory Court (see below). ### 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 of use of the building which was permitted as a retail unit under PA 06/2208 to a kitchen in which will prepared food to be served within the eating establishments within the Callow's Yard complex. The use involves the installation of flues - five in number, two on the north western elevation which is alongside the rear garden of 29, Malew Street and three on the rear elevation which backs onto 25, and 27, Malew Street. the flues on the north western elevation are just below the height of the wall separating the site from the rear of 29, Malew Street. ### 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 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 61, Arbory Street the occupants of Bagnio House the occupant of 52, Malew Street the occupants of 79, 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 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 potential visual impact of the flues and query whether the Environmental Protection Unit should be consulted ## ASSESSMENT The proposed arrangement for the preparation of the food in one part of the complex is unusual but not unacceptable. The use of the building as such will reduce the amount of traffic generated by this particular part of this building in that the only people who will be using it will be those employed to prepare and serve the food although there will be a resultant reduction in the amount of space within the places where the food is served where there would ordinarily have been cooking facilities. The building clearly requires the installation of flues which have been installed and which generally are positioned such that they are not immediately in the line of sight from the residential properties alongside. The fact that they have been installed already is not in itself a reason for refusal. The amount of eating facilities within the complex has increased from that which was approved initially under PA 05/1359, indeed the scale of the original scheme has increased and now embraces the application building, which was not originally within the scheme. The complex still, however includes a mixture of eating and shopping facilities and it is not accepted that the application will result in the over-provision of eating facilities within the town. As such the application is recommended for approval. ## 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. Crofton, The Crofts, 8, Douglas Street, 27, Arbory Street, The Malt House, Bridge Street, 61, Arbory Street, Bagnio House, 52, Malew Street, 79, Malew Street, 37, Malew Street, Elizabeth Rise and 38, The Crofts are sufficiently far from the application property so as not to be directly affected by the proposal and as such should not be afforded party status Disability Access Officer make suggestions which are matters for the Building Regulations and as such should not be afforded party status in this instance Environmental Protection Unit are a division of the dlge and should not be afforded separate party status Castletown Heritage are not directly affected by the proposal and as such should not be afforded party status Recommendation Recommended Decision: Permitted Date of Recommendation: 20.10.2009 2 November 2009 09/00611/B Page 5 of 6 ## 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 ### C 1. This permission relates to the use of the ground floor of the application building for the preparation of food and meals for serving within the units within Callow's Yard for consumption on and off the premises as shown in drawings PA611/01, -02, -03 and -04 all received on 18th September, 2009 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 --- *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/63883-malew-ground-floor-arbory-conversion/documents/1387677*