**Document:** Applicant Response Objections **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 / planning_statement **Source:** https://planningportal.im/a/82070-malew-arbory-court-demolition-outbuilding/documents/1485393 --- # Applicant Response Objections ## Callow's Yard 14th March 2007 Miss Sarah Corlett Dept. of Local Government & the Environment Murray House Mount Havelock DOUGLAS IM1 2SF Dear Sarah **RE: PA 06/02208/B - ARBORY COURT, CASTLETOWN** Please find enclosed a revised drawing for the above, including, four sets of Plans & Elevations, drawing No. 2006/001/001 REV A, this drawing also shows an improved 1:500 Site Plan layout with surrounding properties. We have also included Attachments 1 & 2 showing existing overlays and sunlight angles. In order to assess the sunlight angles, we have taken a nominal distance of 3 meters from the boundary and indicated the worst and best case angles of existing compared to the new. With reference to the above Planning Application, we respond as follows to the current comments / objections on file as follows: 1. Castletown Town Commissioners 17th January 2007 – a. The drainage layout has been added to the revised drawing – there are no new Foul drains, only Surface Water as shown. 2. Mr E Quirk 15th January 2007 – a. The party wall status will need to be confirmed within the Deeds of each property, however the boundary wall to the rear of 27 Malew Street is the east wall to the existing Arbory Court building and therefore will be subject to ‘interference’ no matter what is built or retained on the Arbory Court site. b. The new building has a gross external area of 501.5 sq m whereas the existing building (including the mezzanine plant area) has a gross external area of approx. 400 sq m – therefore 25% larger. c. The car parking provision for retail space with the ‘Historic Centre of the Town’ is discretionary as noted within the Castletown Town Plan 1991 items 7.11 and 7.12. d. The eaves height of the new building is approx. 0.5m higher but 2.5m from the boundary. The ridge height of the new building is approx. 1.3 meters Callow's Yard Developments Limited 2 Brewery Court : Bridge Street : Castletown : IM9 1ET www.callowsyard.com : projects@callowsyard.com : Tel: 01624 822213 Registered in the Isle of Man - No. 114497C : Address - 13-15 Hope Street : Douglas : Isle of Man : Directors: R W Rieard A J Corlett higher but 6 meters away from the boundary – please refer to Attachment 2 which indicates the position directly behind No. 27 and shows that with the existing building, the light angle is 57.3 deg. as compared to the new building at 43.3 deg, an improvement in light/sunlight of 14 deg. The pitch of the new roof will have no detrimental impact on this property – it will actually improve the light. 3. Mr & Mrs Chatel 15th January 2007 – a. No. 29A Malew Street does not appear to directly adjoin the Arbory Court site. It is questionable if this property has ‘party status’. b. See floor area calculations in Item 2b. above. c. See building heights as noted in Item 2d. above and 4b. below. There would be no impact upon No. 29A. d. The ‘character’ of the new building is in keeping with the adjoining and approved Callow’s Yard development. This includes for all CDM requirements construction and maintenance. e. The foot print of the new building is approx. 256 sq m compared to the existing footprint of approx. 253 sq m. The new building is built well off the boundaries, unlike the existing which is built on the boundaries, and does not extend as far towards Arbory Street as the existing building. f. See car parking reference under Item 2c. above. 4. Mr & Mrs Philbeam 12th January 2007 – a. 29 Malew Street borders partly along the east boundary wall and approx. 25 meters along the north boundary wall. We have clarified the position regarding demolition of these boundary walls in that as far as engineeringly possible, these boundary walls will be retained. 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. It may not be possible to safely retain this 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 eaves height of the new building is between approx. 0.7m and 1.9m higher along the boundary but between 1.2m and 2.9m from the boundary. The ridge height of the new building is between approx. 1.5m and 2.7m higher along the boundary but between 1.2 and 2.9m away from the boundary – these distances and heights vary where both the existing single and double story building is compared. In all cases, the new building is built away from the boundary, unlike the existing building - please refer to Attachment 1 which indicates the position directly beside No. 29 and shows that with the existing building, the light angle is between 46.2 and 66.4 deg. as compared to the new building at between 41.4 and 55.6 deg, an improvement in light/sunlight of between 4.8 and 10.8 deg. The new roof will have no detrimental impact on this property – it will actually improve the light. c. The party wall status will need to be confirmed within the Deeds of each property. d. 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. Callow's Yard Developments Limited 2 Brewery Court : Bridge Street : Castletown : IM9 1ET www.callowsyard.com : projects@callowsyard.com : Tel: 01624 822213 Registered in the Isle of Man - No. 11407C : Andries - 13-15 Hope Street : Douglas : Isle of Man : Directors R W Teward : A J Carlatt e. 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. f. The window within the boundary wall currently contravenes Planning Regulations, Building Regulations and Fire Safety standards. This window would be removed and the aperture stoned up to match the existing wall. g. The design of the new building is in keeping with the adjoining and approved Callow's Yard development. h. The new building is to be built away from the boundary walls, thus allowing for better angles of sunlight as opposed to the existing building built on the boundary walls. The removal of the top part of the gable wall to the east end of the north boundary wall, will vastly improve sunlight. i. The existing boundary walls forming part of the kitchen and boiler room would be retained as far as engineeringly possible. Any part or parts of the walls that would be required to be rebuilt, would be rebuilt for safety reasons and would be finished to match the existing. The heights would be as per the existing walls – subject to Item 4h. above. 5. Jonathan Kewley 27th January 2007 – a. As agreed with Mr Kewley, and upon the successful Planning Approval of this referred Planning Application No. 06/002208/B, we would instate a new boundary wall across the north east end of the current right-of-way ie; at the end of Mr Kewley’s drive/garage. 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 form 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. With regards to the issues raised with regards to the heights and restrictions on sunlight, the attached overlay diagrams show the new building to improve the sunlight angles for all of the surrounding properties. We trust the above has clarified and/or dealt with the filed objections. Yours sincerely Tony Corlett Director For and on behalf of Callow’s Yard Developments Limited Callow’s Yard Developments Limited 2 Brewery Court : Bridge Street : Castletown : IM9 1ET www.callowsyard.com : projects@callowsyard.com : Tel: 01624 822213 Registered in the life of Man - No. 114437C : Address - 13-15 Hope Street : Douglas : Me of Man : Directors R W Weard A J Corlett --- *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/1485393*