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Application No.: 24/00745/B Applicant: Mrs Dawn Collins Proposal: Extensions and alterations to create new dwelling (in association with 24/00746/CON) Site Address: Ship Inn Hope Street Castletown Isle Of Man IM9 1AS Planning Officer: Russell Williams Recommended Decision: Permitted Date of Recommendation: 23.12.2024 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Reason: The Department wishes to assess the detailed finish and design as the site lies within a Conservation Area where there is a requirement for development to preserve or enhance the character or appearance of the area and insufficient information is provided to confirm that the proposals will either preserve or enhance the character or appearance of the property, as required by Environment Policy 35 and CA/2 of Planning Policy Statement 1/01.
Reason: To ensure that the development is carried out in accordance with the approved layout plans to ensure there is no sleeping accommodation on the ground as the development is in a tidal flood zone.
The application proposes a viable re-use for a former public house, the loss of which will not undermine the provision of such facilities within Castletown. The development will enhance the character and appearance of the building and, by association Castletown Conservation Area. The development will not give rise to unacceptable impacts in regard to flood risk, highway
safety or residential amenity. The development therefore complies with General Policy 2, Environment Policies 10, 13 and 35 and Community Policy 4, together with Section 18(4) of the Town and Country Planning Act (1999).
This decision relates to the following drawings and documents received by the Department on 9 July and 2 October 2024:
It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Department of Infrastructure Flood Risk Management
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The site is the L shaped curtilage of the Ship Inn which sits between Hope Street and Mill Road, looking towards the harbour in Castletown. The building has two distinctly different elevations to the two highways: the elevation to Hope Street is a three storey, traditional frontage which, whilst currently in a poor state of repair, has original sliding sash windows in eight of its nine apertures (single upper and lower panes on the ground floor and Georgian six over six panes above with a single top opening casement in the second floor). There is currently a sign above the ground floor windows. - 1.2 The other elevation facing onto Mill Road, however, is very different. Whilst the rear of the three storey element is similar to the front, there is a large two storey addition which is designed to mimic the front deck of a ship, complete with funnel on top (which has recently been blown off). At ground floor level there is a recessed area with an overhanging section at first floor level which contains a row of windows with a sign underneath. This frontage sits 10m from Mill Road.
2.0 THE PROPOSAL - 2.1 The application seeks planning permission for the conversion of the building to a single dwelling.
2.2 The application follows an unsuccessful application refused in mid-2019 and a subsequently amended scheme that was approved in late 2019, application refences 19/00498/B and 19/01225/B respectively. - 2.3 The proposal will see the existing property converted across 4 floors, that are generally reflective of the previously approved scheme save for the ground floor accommodation. The proposals now comprise:
Ground floor - garage, utility and plant room; lounge kitchen, shower room and store; First floor - bedroom, kitchen, family room, shower room;
Second floor - bedroom, kitchenette, en-suite and sitting room; Third floor - bedroom, dressing room, en-suite and sitting room.
2.4 The application proposes various external alterations to the building, including the replacement of some existing windows with traditional Georgian style windows, with 6 over 6 panes. These would be of white uPVC heritage style frames with glazing bars per the design. To the east elevation the first floor is to be replaced with a cantilevered overhanging floor which is finished in standing seam vertical cladding with large areas of glazing and a glazed balustrade system. This will be supported by new cavity walls replacing small sections of existing stone walling. A dormer is proposed within the rear roof plane.
3.0 PLANNING POLICY - 3.1 The site lies within an area designated on the Area Plan for the South adopted in 2013
3.2 The application site is located within the Castletown Conservation Area. Development within a CA is required by EP35 and Planning Policy Statement 1/01 - Guide to the Conservation of the Historic Environment of the Isle of Man to preserve or enhance the character or appearance of the Area. The development should also comply with General Policy 2 as follows:
"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:
3.3 The Area Plan for the South adopted in 2013 is relevant to the proposals. The Plan states at 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 policies that seek to retain public houses.
"10.8 Retention of Existing Local Shops and Public Houses The loss of facilities such as neighbourhood shops in towns and or village shops and public houses reduces customer choice and can also necessitate people travelling further to meet their needs. This is a particular problem in rural areas where village shops, post offices and public houses can be central to village life. It would be preferable to retain viable facilities, or those that can be made viable and where a change of use or re-development is proposed developers will be expected to show evidence of attempts to market the property as a business in these areas.
3.5 Community Policy 4 states that development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable. - 3.6 Development which itself is at risk of flooding or which would increase the flood risk to other property is presumed against as in Environment Policies 10 and 13 and General Policy 2.
4.1 Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations. - 4.2 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". - 4.3 Given that the site is within a flood risk area and Castletown Conservation Area the above requirements apply and appropriate consideration will be given in section 6.
5.1 19/00498/B and 19/00499/CON - extension and conversion of the building to a single dwelling - REFUSED
19/01225/B and 19/01226/CON - Conversion and erection of extension to former public house to create a residential dwelling - PERMITTED
6.1 The following Statutory Consultees have been consulted and their responses can be summarised as follows: Castletown Commissioners - no comments at the time of writing.
DOI Highway Services - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, providing both living accommodations (i.e. there are two kitchens shown on the plans) have parking off-street to the rear of the building.
DOI Flood Risk Management - Original objection arised to provision of sleeping accommodation
6.2 No representations have been received from members of the public.
7.1 The key considerations in the determination of the application are:
Principle of development Heritage Flood risk
Principle of Development
7.2 There is a general presumption against the loss of town centre public houses for the reasons given in paragraph 10.8 of the Strategic Plan which supports the position of the local authority.
7.3 Community Policy 4 states that "the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable." - 7.4 The Ship Inn is thought to have been closed since approximately 2013 and is in a poor state of repair. It has previously been accepted that the change of use of the public house to residential would be acceptable in principle. In this regard, there remains a number of other public houses operating within Castletown and so the loss of the Ship Inn will not undermine the provision of such facilities within the town. - 7.5 The re-use of the building as a dwellinghouse will bring the building back into a functional use and one for which it was originally built for prior to being converted to a Public House in the 1970's. A residential use is compatible with the immediate surroundings. There are no objections to the loss of the public house and given the previous grant of planning permission there remains no objection to the proposed development, in principle. The development is not, therefore, considered to conflict with Community Policy 4 of the Strategic Plan. Heritage - 7.6 The Ship Inn is not a registered building but is located within the Castletown Conservation Area. Consideration therefore needs to be given to the impact of the proposed alterations to the external appearance of the building, having regard to Section 18(4) of the Town and Country Planning Act (1999), Environment Policy 35 and General Policy 2. - 7.7 As noted at paragraph 2.3, the extent of the proposed external alterations are not significantly different to the previously approved development, which expired on 28 January
7.8 Whilst the alterations to the building will create a more contemporary appearance to the rear of the building, the main four storey traditional building will be rejuvenated and, thus, the proposed development will enhance the character and appearance of the Conservation Area when considered on the whole. - 7.9 The proposals comply with Environment Policy 35, General Policy 2 and Planning Policy Statement 1/01 and are acceptable in heritage terms.
Flood Risk
7.10 The application site is located in an area identified as being at a high risk of flooding from tidal sources. - 7.11 There was an original objection raised to the proposed development by the DOI Flood Risk Management team due to the locating of sleeping accommodation at ground floor level and within the flood zone. The application has since been amended to remove the bedroom and to revise the layout. - 7.12 The objection has now been removed and the application is now supported by a site specific flood risk assessment which sets out at Section 4.0 key measures that will address flood risk and minimise damage to property and individuals should a flood event occur. - 7.13 In conclusion, the proposed layout no longer poses an unacceptable risk to human health or property. The proposals comply with Environment Policy 10 and do not conflict with Environment Policy 13 and are acceptable in flood risk terms.
Other Matters
7.14 The proposed development will not give rise to any unacceptable impacts upon highway safety, residential amenity or other matters of recognises planning importance and complies with General Policy 2.
8.1 It is considered that there is sufficient justification to allow the loss of this public house and its replacement with living accommodation as proposed is acceptable in planning policy terms.
8.2 The proposals will enhance the character and appearance of the Conservation Area and original building whilst not adversely impacting upon flood risk, highway safety or residential amenity in the area. The application is therefore acceptable, subject to conditions and the application is supported. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
9.2 Article A10 sets out that the right to appeal is available to:
9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.
I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.
Decision Made: Permitted Date: 24.12.2024 Determining officer
Signed : A MORGAN Abigail Morgan Acting Head of Development Management
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