**Document:** DEC Decision Notice **Application:** 13/00535/C — Change of use to i) use of site as a single residential unit or ii) use of ground floor within 41 Malew street as shop/workshop and the remainder of the building as a single residential unit **Decision:** Permitted **Decision Date:** 2013-06-14 **Parish:** Malew **Document Type:** decision / decision_notice **Source:** https://planningportal.im/a/4366-malew-41-43-malew-change-of-use/documents/910526 --- # DEC Decision Notice ## Isle of Man ### Government Kelly Lewthwaite Building Design 23 Market Street Douglas IM1 2PA ## Town and Country Planning Act 1999 ### The Town and Country Planning (Development Procedure) Order 2005 In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to **APPROVE** a planning application by Mr Donald Galbraith & Mrs Jane Galbraith, Ref 13/00535/C, for the change of use to i) use of site as a single residential unit or ii) use of ground floor within 41 Malew street as shop/workshop and the remainder of the building as a single residential unit at 41 - 43 Malew Street Castletown Isle Of Man IM9 1AE subject to compliance with the following condition(s): 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time. 2. This approval relates to the use of the premises either as a single dwelling or as a dwelling with shop/storage facilities as shown in drawings WL/13/1274/1 and WL/13/1274/2 both received on 2nd May 2013 and may be undertaken only in accordance with those drawings. Date of Issue: 14th June 2013 *M Gallagher* Director of Planning and Building Control ### Guidance Note This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice. An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml. Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department. The proposed development must not be commenced until either: - The time for requesting an appeal has expired; or - Any appeal has been determined; Whichever is the later. If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House. Please note that if the counter copy of the application is not collected within **THIRTY DAYS** following the last date on which a planning appeal can be made it will be destroyed without further notice. Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; planning@gov.im 13/00535/C Case Officer: Miss S E Corlett Photo Taken: Site Visit: Expected Decision Level: Officer Delegation ## Officer's Report ### The Site 1.1 The site is the curtilage of 41 and 43, Malew Street which lie on the western side of Malew Street backing onto the tennis courts and alongside the entrance thereto. 43, Malew Street is a single storey building with a large front window with a canopy over which looks like a shop but is used as a kitchen accessed separately from but accessible from number 41. 41 is used as a shop with store and workshop behind with a residential unit above which ties in with the kitchen alongside. The residential accommodation is spread over three floors including the kitchen at 41. 1.2 The properties have various parking facilities: a garage situated to the rear of number 39 and accessed via an archway between numbers 37 and 39 and two leased spaces within the tennis courts site. The property has a long back garden which backs onto the tennis courts. ### The Proposal 2.1 Proposed is the change of use of the space at 41 such that it may be used either as part of the living accommodation available next door and above, or remaining as a shop with workshop and shop facilities behind as existing. ### Planning Policy And Status 3.1 The site lies within an area designated as Predominantly Residential in the Southern Area Plan and within the Castletown Conservation Area. As such, the appropriate policies to be applied are: General Policy 2 states: "Development which is in accordance with the land use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: a) is in accordance with the design brief in the Area Plan where there is such a brief; b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them; c) does not affect adversely the character of the surrounding landscape or townscape; d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; e) does not affect adversely public views of the sea; [Table omitted in markdown export] f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; g) does not affect adversely the amenity of local residents or the character of the locality; h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; i) does not have an adverse effect on road safety or traffic flows on the local highways; j) can be provided with all necessary services; k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; I) is not on contaminated land or subject to unreasonable risk of erosion or flooding; m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and n) is designed having due regard to best practice in reducing energy consumption" and Environment Policy 35 states "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." 3.2 The Strategic Plan sets out parking standards: residential properties are required to provide two spaces per dwelling and shops spaces for service vehicles. The change of use to one dwelling throughout both buildings would have sufficient space from the existing garage within the applicant's ownership: if retained to include a shop then the two spaces leased from Castletown Commissioners in the tennis court area are useful for additional service vehicle parking for the property. ## Planning History 4.1 The most relevant previous application for the two properties is PA 91/0270 which was for approval in principle for an extension to number 41 and rebuilding of number 43 to provide a shop with living accommodation which was refused for reasons relating to the design and size of the extension. ### Representations 5.1 Castletown Commissioners indicate that they do not oppose the application. 5.2 Highways Division clarify that a minimum of two parking spaces are required to service this development. ### Assessment 6.1 The proposed use would streamline the use of the property and would result in a reduction in the requirement for parking spaces, such as are provided for within the land owned by the applicant. The proposed use would be in accordance with the land use designation and the alternative use is the existing use of the property. 6.2 There is parking provided to service the development and as suggested above, the proposed use would result in a reduction in parking space requirements. 6.3 It is considered that the proposal is in accordance with the relevant policies and is recommended for approval. ### Party Status 7.1 The local authority, Castletown Town Commissioners are, by virtue of the Town and Country Planning (Development Procedure) Order 2005 paragraph 6.4(d) interested parties and as such should be afforded party status to this application. 7.2 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: Permitted Date of 31.05.2013 Recommendation: ### Conditions and Notes for Approval / Reasons and Notes for Refusal ### C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal O : Notes attached to refusals ### C 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time. ### C 2. This approval relates to the use of the premises either as a single dwelling or as a dwelling with shop/storage facilities as shown in drawings WL/13/1274/1 adn WL/13/1274/2 both received on 2nd May 2013 and may be undertaken only in accordance with those drawings. 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 : Permitted Date : Determining officer (delete as appropriate) Signed : $\qquad$ Anthony Holmes Senior Planning Officer Signed : $\qquad$ Michael Gallagher Director of Planning and Building Control 11 June 2013 Signed : $\qquad$ Jennifer Chance Development Control Manager 13/00535/C PA13/00535/C Mr Donald Galbraith \& Mrs Jane Galbraith Change of use to i) use of site as a single residential unit or ii) use of ground floor within 41 Malew street as shop/workshop and the remainder of the building as a single residential unit, 41 - 43 Malew Street Castletown Isle Of Man IM9 1AE Planning Officer: Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 09.05.2013, includes; Conservation Areas: Cons Areas: Castletown Cons Area Dev Control Polygons: Reference Number: 91/00270/A Status: Refused Proposal: Approval in principle for extension to No. 41 and rebuilding of No. 43 to provide shop and living accommodation, Malew Street, Castletown. Reference Number: 93/01160/B Status: Permitted on Review Proposal: Replacement of windows, 43 Arbory Street, Castletown. Reference Number: 87/01881/C Status: Permitted Proposal: Change of use from grocers shop to soft furnishing shop, 41 Malew Street, Castletown. Reference Number: 91/00269/B Status: Permitted Proposal: Blocking-up existing and creation of new bathroom window, 41 Malew Street, Castletown. --- *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/4366-malew-41-43-malew-change-of-use/documents/910526*