**Document:** PA 06/02208/B Officer Report
**Application:** 06/02208/B — Demolition of existing buildings to rear of 28 Arbory Street, partly demolish the barn to the rear of 23 Malew Street and rebuild a new retail/commercial building on the existing footprint linked to the approved adjacent Callows Yard Development
**Decision:** Permitted
**Decision Date:** 2007-05-31
**Parish:** Malew
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/82070-malew-arbory-court-demolition-outbuilding/documents/1485374

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# PA 06/02208/B Officer Report

**Application No.:** ** 06/02208/B **Case Officer :** Miss S E Corlett #### Consultations [Table omitted in markdown export] [Table omitted in markdown export] [Table omitted in markdown export] #### Private representations [Table omitted in markdown export] ### Planning
**Applicant:** ** Callows Yard Developments Limited **
**Proposal:** ** Demolition of existing buildings to rear of 28 Arbory Street, partly demolish the barn to the rear of 23 Malew Street and rebuild a new retail/commercial building on the existing footprint linked to the approved adjacent Callows Yard Development **
**Site Address:** ** Arbory Court Arbory Street Castletown Isle Of Man **

## Officer’s Report

#### The Site

The site defined in red represents the footprint of an existing building - Arbory Court and part of the barn to 23 Malew Street together with the access to the site which leaves Arbory Street between number 26 and 28 which runs over the entrance and past The Cottage (30 Arbory Street). The site has to its immediate north west the rear gardens of number 28 Arbory Street and 29 Malew Street. To the south is the site of the scheme currently being undertaken in respect of PA 05/01539 for the wholesale

redevelopment of the space between and including numbers 17 and 19 Malew Street and 16 - 26 Arbory Street inclusive.

Also included in blue, indicating land and property in the ownership or control of the applicant, are 9 and 11, Malew Street (which are the subject of PA 07/0045), 15, 17, 19 and 21, Malew Street, 6 and 8 and 16 through to 26 (evens only), Arbory Street.

### Planning Status

All of the site lies within Castletown's Conservation Area. The site falls within the area of Mixed Use on the adopted Castletown Plan (1991).

### Policy

This plan contains reference to the site and surrounding area:

### 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 is required to be of 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 area 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).

### Planning History

The following applications have been submitted in respect of this particular site:

- PA 85/0680 - provision of pitched roof over existing flat roof 28A Arbory Street - permitted
- PA 90/4191 - alterations to create office accommodation and car parking - 28 Arbory Street - permitted
- PA 92/1525 - temporary change of use from office to children's day centre Corlett's Yard, 28 Arbory Street - permitted

### The Proposal

Proposed here is the demolition of the existing buildings which sit on the boundary with number 29 Malew Street and their replacement with a new building which is set back from this boundary by between 2m and 0.5m and a similar distance from the rear boundary. Number 29 Malew Street joins onto the rear of the application buildings and there is concern from the occupants of number 29, Malew Street that there are no details of how this newly exposed wall will be treated. The applicant has advised that the older part of the existing buildings has already been structurally compromised through its attachment to Arbory Court - the building at the front. The new building will be around 4.5m wider than the existing and some 1.5m higher at the 29 Malew Street end of the building which presently has two buildings adjoining its boundary wall, one of which has a roof which slopes away from the wall: the new building will have a solid gable all the way along its side elevation finished in painted render. As there will be space between the new building walls and the surrounding boundary walls there is arguably more space for maintenance than was the case when the buildings were built into the boundary walling.

The new building extends outwith the site edged in red into the area edged blue as the new building is wider than the existing and the red line site follows the footprint of the existing building at its front. No details were given of how the existing barn to the rear of 23 and 25 Malew Street is to be "reconstructed to close off barn" nor whether effectively splitting the building in two will affect its use. The applicant has now explained that the original boundary wall still runs through this building and as such the historical value of the barn per se is questionable. The south western part of the barn will be removed up to the existing now internal boundary wall. As such the proposal will not compromise the use of the barn.

The new building will join into the approved buildings in the centre of the adjacent development (PA 05/1539). The elevational treatment of the new building will follow this and the roof and walling joined into it. The rear of the new building will pass behind the approved dwellings and will join into 21 Malew Street (what will be the health food shop - part of the PA 05/1539 scheme).

It should be noted that the visual representation of the proposal provided by the occupants of number 29 Malew Street shows the retention of the barn where this is actually being demolished and I would question its accuracy.

### Assessment

The letter from the occupant of 30, Arbory Street indicates that there is a civil issue regarding the right of way enjoyed by the applicant over his property to gain access to the front of the existing Arbory Court. This letter indicates that an agreement has been reached with the applicant to erect a wall at the end of the drive which would prevent access up the drive to the development. This is not shown on the plans. What also appears to be shown is the removal of the stone wall boundary to the rear of the new properties within Callow's Yard which effectively leaves open access to the land owned by the occupant of 30 Arbory Street.

There are objections from the occupants of the adjacent properties in Malew Street on the basis of the impact of the development on their light and outlook and also they raise structural and maintenance issues.

The applicant has provided new plans and further clarification of some of the above issues in a submission dated 16th March, 2007. This submission explains the relationship of the proposed building and its surroundings in terms of sun and light. The submission also clarifies that the new eaves level will be 0.5m higher than the existing but 2.5m further away from the adjacent building. The ridge will be 1.3m higher but 6m from the boundary.

They suggest that the current structural integrity of the boundary wall between Arbory Court and 29, Malew Street may mean that it is not capable of being retained, regardless of the current proposals. Any re-building of boundary walls will match the height and materials of the existing walling.

They clarify that should planning permission be granted, a wall will be erected across the north eastern end of the current right of way to Arbory Court - at the end of the drive to 30, Arbory Street. However, planning permission will be required for the erection of this wall as the property is within the Conservation Area where the provisions of the Town and Country Planning (Permitted Development) Order 2005 do not apply. A condition could require this if it is necessary as a result from the proposed development, which in my view, it is.

The letter clarifies that the existing boundary walls will not be removed without approval although they are described as not generally in good condition. Further information is also given in respect of the barn which is to be reduced in size to the rear of the site. This is shown as being retained up to the rebuilt boundary wall.

Any works to the existing building are likely to result in an impact to those in surrounding buildings. What is proposed here is the removal of buildings which either do not appear to be of any particular architectural interest or whose present structural condition is compromised. Proposed is their replacement with a building which will form an extended part of an existing terrace of buildings approved under PA 05/1539.

From the information provided by the applicant's agent, the impact on light from the new building would appear not to be detrimental and whilst the building may be higher than the existing, it is further away. Maintenance of the boundary walling may be easier as there will now be space around the building rather than the building being built right up to the boundaries.

Whilst the proposed retail unit will generate a demand for car parking, there is already a demand from the existing office building and it could be argued that people visiting the premises may also be visiting other shops in the vicinity so the demand for car parking is actually less than for the free standing office. The introduction of a wall preventing access to the new building from Arbory Street may improve the amenities of those in 30, Arbory Street.

## Conservation Officer'S Supplementary Report:

Arbory Court is located within the Castletown Conservation Area. I have therefore considered the content of the application with particular consideration to POLICY CA/2 - SPECIAL PLANNING CONSIDERATIONS, POLICY CA/4 - PROPOSALS FOR PRESERVATION AND ENHANCEMENT and POLICY CA/6 - DEMOLITION as set out within Planning Policy Statement 1/01.

The proposal is for the demolition and replacement of Arbory Court, a site which consists of a single-storey element with two, two-storey elements. The existing single-storey, rendered building with a concrete tiled roof (actually known as Arbory Court) appears to have been built up off the existing boundary walls and is of little merit.

The attached, two-storey section to the rear of the site, immediately adjacent to No. 27 Malew Street is random-rubble built in the local limestone, with a 'heather' coloured slate roof but was not in existence on the 1869 County Series Map. The proposal seeks to demolish and replace this building.

Of more interest, is the building at right angles Arbory Court, located immediately behind 23 and 25 Malew Street. This is a slightly taller, two/three storey building also random-rubble built in the local limestone, which appears on the 1869 County Series Map. The proposal seeks to partially demolish this building, leaving part of the structure intact. There are no details of how the remainder of the building is to be retained. I would not want this ambiguity to result in the loss of the remainder of the building and therefore, the further loss of the historic fabric on the site.

At the time this report was initially written, there was little by way of justification in the application for the demolition of the two storey buildings apart from the applicant's letter dated 14th March 2007 in reply to that of the Occupier's of 29 Malew Street dated 12th January 2007. We are now in receipt of a report from the applicant's Structural Engineers setting out the justification for the demolition of the single storey and attached two-storey unit. I am now content with the content of that report and the loss of these two buildings.

The applicant offers little justification for the demolition of the two storey building at right angles to Arbory Court, located immediately behind 23 and 25 Malew Street apart from the applicant's letter dated 14th March 2007 in reply to Occupier's of 29 Malew Street letter dated 12th January 2007 in which he states:

a. It is evident however, that the north boundary wall is being pushed over into the garden of No. 29 - this would appear to be the roof thrust of Arbory Court against the original garden wall which, regardless of any new development of Arbory Court, would require some form of engineering safety work to take place in the near future. b. The existing buildings are 1/ a two storey stone barn of no architectural merit and 2/ a single storey building built off garden walls. Both of these buildings are indeed within the Conservation Area, but are not Registered. c. The state of repair is not good and regardless of the development of the Arbory Court site, would require substantial work to rectify and bring up to current Building Regulations and safety standards. These buildings are commercially derelict" and;

"A major concern would appear to be around the existing boundary walls and their future status. We will not be removing them without approval and certainly only under engineer's supervision and detailing which would for part of any Building Control Application. The current boundary walls are not in good condition generally and will require some form of major refurbishment regardless of any future development of Arbory Court."

The orientation of the proposal on the site will, I believe result in 'dead' spaces between the proposed building and the existing boundaries. I am concerned at how the remaining 'wedges' of land between the proposed building and the existing boundaries will manifest themselves as these spaces can in my opinion, be difficult to maintain. A minor re-alignment of the scheme could make for a more comfortable alignment of the old and the new offering a better opportunity for scaffolding to be erected for maintenance at a later date. I accept that this may be considered to be a minor point.

The retention of some elements of the existing buildings and boundary walls on the site would I believe, better integrate the proposal with the site. Given the location of the site within the Castletown Conservation Area, this should be of consideration. I am disappointed that the scheme apparently ignores these 'generators' for design.

The whole of this proposal could have been re-orientated to utilise the existing 'barn' adjacent to No. 23 Malew Street and the existing boundary walls with little or no loss to the proposal in terms of layout or floor area but as the works to the barn have previously been approved, this is not of consideration in this application.

Having now received the Structural Engineer's Report on the condition of the single storey Arbory Court building and the attached two storey building which justifies their demolition, I accept their loss. The proposed architectural treatment is a continuation of the architectural treatment as approved under the previous application 05/01539/B and, with the exception of the loss of the barn to the rear of No. 23, is therefore acceptable.

RECOMMENDATION: that the application is permitted.

### 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.

The occupants of numbers 27, 29, 29A Malew Street and 25 and 30 Arbory Street are all directly alongside the application site and as such should be afforded party status.

Fire Prevention Officer and Isle of Man Water Authority raise matters of fire safety which have more relevance to the Building Regulations and matters of servicing the development, neither of which justify the granting of party status in this instance.

### Recommendation

Decision Recommended by the Director of Planning and Building Control: Permitted

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. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This permission relates to the demolition of the existing building on the site and its replacement with a new retail unit as shown and described in drawings reference 2006/001/001 Rev A received on 16th March, 2007 and the site and location plans, elevations and plans all received on 19th December, 2007.

C 3. Prior to the commencement of works hereby approved on site, there must be in place a new wall across the site as an extension of the northern boundary of 30, Arbory Street so as to prevent access to the site from Arbory Street. Details of this wall (height, dimensions, materials) must be approved by the Planning Authority after consultation with the owner of 30, Arbory Street prior to the erection of such a wall.

Note: this wall requires planning permission as the site lies within a Conservation Area where there is no provision under the Permitted Development Order for the erection of walling.

C 4. All limestone used in/on the new building must be such reclaimed from the those buildings within the site which are to be demolished and must match the remainder of the new buildings within the wider scheme as a whole (PA 05/1539).

C 5. All roofing must be finished in dark, natural slate to match that on adjacent roofing.

N 1. PRIOR to the commencement of any works the applicant is advised to consult the Chief Fire Officer to ensure that adequate fire precautions are taken.

N 2. For single connections to a water main (i.e. a single dwelling) the applicant should contact Isle of Man Water Authority Customer Services, telephone 695949.

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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/82070-malew-arbory-court-demolition-outbuilding/documents/1485374*