6 May 2010 · Planning Committee
Shop, 19, Malew Street, Castletown, Isle Of Man, IM9 1ad
The proposal seeks permission to change the use of three floors (ground, first and second) of a unit within the Callows Yard development in Castletown town centre from a previously approved lounge/bar with restaurant to either all retail or all offices, with flexibility to switch between the two uses without further ap…
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The officer considered the change from café/bar to retail would have little impact on visitor numbers, stay duration or staff, with no separate town centre parking standard differentiating retail from…
Castletown Local Plan - area between Arbory Street and Malew Street
Castletown Local Plan policy requires development for retail at ground level with option of hotel/tourism on upper levels and pedestrian link, retaining structures where practicable, controlling materials and massing in sympathy with neighbours, encouraging upper level residential/retail/tourism. Officer assessed proposal fits mixed-use area with retail/office compatible.
Castletown Local Plan - development promotion
Local Plan recommends Commissioners pursue policy as priority. Site history shows ongoing regeneration, proposal aligns.
Office conversion policy
Permits conversion of upper levels to office use in commercial area of Arbory/Malew/Bank Street. Units are upper floors/rear, not detracting from frontage.
Mixed use principle
Encourages mixed residential/commercial in Arbory/Malew sector as new development. Proposal complements adjacent uses.
Castletown Local Plan - car parking discretion
Castletown Local Plan notes limited parking, discretion in provision/location may be exercised, especially in Conservation Area. Applied here for town centre.
Castletown Local Plan - specific site parking
Requires maximum feasible parking in area between streets without prejudicing amenities. No on-site possible, off-site capacity deemed sufficient.
Business Policy 1
Draft Southern Area Plan permits upper floors for offices in mixed areas if no loss of dwellings; ground floor inappropriate unless adding frontage interest/vitality. Rear units suitable.
Strategic Plan parking relaxation
Isle of Man Strategic Plan allows relaxation where near public transport and reduced parking not unacceptable on-street. Site meets criteria.
Time limit
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.
Approved plans
This permission relates to the use of the ground, first and second floors as shown in drawings PA613/03B, PA613/04B & PA 613/05B and PA613/03C, PA613/04C & PA613/05C as either all offices or all retail.
Do not oppose, has no traffic management, parking or road safety implications
no objection stated
Highways Division has no objection to application 10/00334/C due to no traffic management, parking or road safety implications; a private individual objects due to inadequate parking provision exacerbating existing issues in Castletown.
Key concern: inadequacy of parking provision
Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implications
Donald J. Plaster
Objectionunless the applicant can show evidence that at least 12 new parking spaces will be provided as part and parcel of the requested change of use, then such application be refused; under the Isle of Man Strategic Plan some four car parking spaces would normally be needed as a result of introducing 220 sq. m. of new office space; over 450 square metres are involved here, which means that normally another 8 or 9 parking places should be provided
Conditions requested: at least 12 new parking spaces must be provided as part and parcel of the requested change of use
The original application (05/01539/B) for 14 houses, 10 apartments, 3 maisonettes, 9 retail units, and public amenities in Castletown's Conservation Area was initially granted permission on 31 January 2006 with Condition 9 requiring a legal agreement for 27 off-street parking spaces, which was removed on review on 7 April 2006. Appellants argued that no parking provision would exacerbate existing congestion and road safety issues, citing local plan standards and surveys showing parking shortages. The Planning Committee, applicant, Department of Transport, and Castletown Commissioners defended flexibility in parking policy for town centre regeneration, noting agreements for overnight spaces and sustainability benefits. The inspector found insufficient evidence on parking demand and supply, concluding the development was incomplete without long-term secured parking, despite significant townscape benefits, and recommended refusal. The Minister disagreed, finding conservation and regeneration benefits outweighed parking concerns, dismissed the appeal, and confirmed the permission.
Precedent Value
This appeal demonstrates that Ministers may override inspectors on planning balance, prioritising town centre regeneration over strict parking where flexibility policies exist and benefits are substantial. Future applicants should secure formal, long-term off-site parking via s106-like agreements with evidence of demand/supply to mitigate inspector concerns.
Inspector: David Ward
