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Application No.: 17/00484/B Applicant: The Courtyard Limited Proposal: Alterations to property including installation of commercial extract system to rear ### Site Address: 6 Arbory Street Castletown Isle of Man IM9 1LJ Case Officer : Miss S E Corlett Photo Taken: 16.05.2017 Site Visit: 16.05.2017 Expected Decision Level: Officer Delegation
Officer’s Report THE SITE
1.1 The site is 6, Arbory Street, a commercial property which sits on the northern side of the pedestrianised street in the heart of Castletown. The unit is currently a two storey office with living accommodation above (which is part of the unit to the north west and accessed through that) which has approval under 16/000207/B for conversion at ground floor to a shop, cafe, take away or Class 2 office use. This application was approved subject, inter alia, to a condition which required that the facility may be open for business only between the hours of 0900hrs to 1730hrs on any day. No cooking extraction system was proposed that would have discharged to the outside of the building via any visible flue system. - 1.2 The site backs onto the rear flat roof of adjacent buildings with the ground floor built into the rear of these other buildings. THE PROPOSAL
2.1 Proposed is the installation of a flue which will discharge up the rear of the building, to the right of an existing window serving the apartment and extending 1.5m above ridge level of the rear elevation and braced to the side wall of number 8. A rooflight sits half way up the rear roof plane,
2.2 The rear of the building is not visible from the rear of the Arbory Street units due to its height compared with the buildings around it. - 2.3 This represents a modification of the original submission to avoid nuisance to those occupying the rooms served by the rear window.
3.1 The site lies within an area of Mixed Use on the Area Plan for the South of 2013 and within Castletown's Conservation Area. Paragraph 6.1.2 describes "The majority of the retail provision in the South is within the existing settlements. Most of this is located in the Service Centres of Castletown and Port Erin both of which offer some comparison and convenience retailing." It goes on at 6.6.1 "In order to achieve town and village centres which are attractive, viable and full of vitality it is essential to encourage a mix of different uses to locate within the Mixed Use areas. This will include elements of retail, office, light industrial, community facilities, leisure and tourism uses and residential as well as dedicated public spaces which will be a focus for community activity. Uses which are not compatible with residential developments will not be supported within the Mixed Uses areas. Generally there will be a presumption in favour of changes of use between the range of
approved uses. Whilst planning approval may be required for some changes, this would normally be supported subject to the buildings being suitable for the new use."
3.2 At paragraph 6.6.2 of the Plan. "Development within an area of Mixed Use (as designated on the Proposals Map/Inset Maps) or those sites proposed for Mixed Use (identified on the Maps as 'Proposed Mixed Use') will comprise a mix of some or all of the following uses: residential; shops; financial and professional services; food and drink; research and development, light industry; hotels and hostels; hospitals, nursing homes and residential institutions; community uses; leisure; tourism and open space. For applications relating to sites proposed for Mixed Use, the mix and types of uses on the site will be determined on their merits in accordance with the Proposals in the Area Plan and the Isle of Man Strategic Plan Policies. - 3.3 Paragraph 6.6.5 "In order to ensure that the vitality of the town and village centres is retained in terms of visitor attraction and activity after working hours, it is considered that retail should be the preferred use for ground floors of buildings within those areas designated for Mixed Use with residential use encouraged for the upper floors. Office use will also be acceptable on the upper floors but not at the expense of residential uses, and in certain circumstances on the lower floors.
Mixed Use Proposal 1: In order to maintain and enhance the vitality of the Mixed Use areas in Port Erin, Castletown and Ballasalla, there will be a presumption in favour of the retention of existing retail units on the ground floor although each case will be determined upon its circumstances and merits."
3.4 The Strategic Plan contains the following which is considered relevant to this application: Paragraph 9.4.5 states "It is accepted that in some circumstances a mix of uses can be appropriate within town centre locations such as residential flats above retail units or office accommodation, particularly where this can help to ensure the use of the area at different times during the day, thus helping to ensure the security and vitality of these areas." It should be clarified that where there is an apparent conflict of policy, whichever document was adopted later should carry more weight. - 3.5 The Isle of Man Strategic Plan provides, at the outset, on page 9 the Strategic Aim: To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage. - 3.6 The Strategic Plan policies require that development makes the best use of resources by utilising under-used land and buildings (Strategic Policy 1); that new development be located primarily within our existing towns and villages (Strategic Policy 2); proposals should protect or enhance the fabric and setting of Ancient Monuments and Conservation Areas (Strategic Policy 4); all new retail development must be sited within town and village centres (Strategic Policy 9); and favourable consideration will be given to proposals for improving the quality and condition of the existing housing stock and for the creation of flats by conversion of vacant and under-used space above commercial premises (Strategic Policy 12). - 3.7 Spatial Policy 2 identifies Castletown as a Service Centre that should provide regeneration and choice of location for housing, employment and services. - 3.8 General Policy 2 provides assessment criteria that should be applied to any new development. Criterion (c) requires development to not affect adversely the character of the surrounding townscape; (g) seeks to ensure that development does not affect adversely the amenity of local residents or the character of the locality; (h) states that development should provide satisfactory amenity standards including where appropriate safe and convenience access for all highway users with adequate parking; (k) states that development should not prejudice the use or development of adjoining land in accordance with the Area Plan; and (m) requires the decision maker to take into
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:
4.1 The site has been the subject of a number of applications for the redevelopment of the former fabric fronting Arbory and Malew Streets to form a new retail, tourism and residential complex with pedestrian walkway linking the two streets. Most of the units have retail or hot food take-away facilities at ground floor level with residential units above. Presently within the vicinity there are take away facilities at 3 and 20, Arbory Street (PA 09/00610/B refers to number 20, 22 and 24 operating as an Indian take away and restaurant, open "5pm till late") and planning approval was
granted for the sale of hot and cold food on and off the premises at number 10-12 under PA 09/00617/B which was not subject to any time constraints.
4.2 Planning approval has been granted for the change of use of number 4 from a shop to an estate agency - PA 05/01506/B although not implemented. The approval granted under 16/00207/B is currently being implemented and the internal stair to the upper floor is no longer in situ. REPRESENTATIONS - 5.1 Highway Services indicate that they have no interest in the application (31.05.17). ASSESSMENT - 6.1 The issues in this case are whether the proposal would have any adverse impact on the character and appearance of the Conservation Area and also whether the flue would have any adverse impact on the living conditions of those in the apartment above the food outlet. The fact that both units are in the same ownership is helpful as there is some level of accountability for the operators of the outlet.
6.2 The flue is at the rear although it may now be visible due its increased height. It is not in a particularly conspicuous or important area or one where people are generally look so even though it will be seen, it is not considered to have an unacceptable visual impact. - 6.3 Consultation with Environmental Protection Unit has resulted in the flue being relocated and extended to avoid nuisance to occupants of the apartment alongside and it should no longer be an issue. - 6.4 The proposal is now considered to be acceptable.
7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted Date of Recommendation: 10.07.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
This approval relates to drawings 04C received on 20th June, 2017 and 05 and 02 both received on 2nd May, 2017.
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 12.07.2017 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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