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The site represents an existing commercial unit situated on the northern side of Arbory Street. The premises were previously occupied by an estate agent with a display of properties for sale in the window. The premises have a single floor, no parking and a very small rear yard and an internal floor space of 30 sq. m.
Adjacent to the site is the entrance to a coffee shop and to the south the shop unit has permission for use as an estate agent's (PA 05/1506) but is used as a craft shop.
The site lies within an area of Mixed Use on both the Castletown Local Plan of 1991 and the draft Southern Area Plan which was published on 23rd October, 2009.
The following applications have been submitted in respect of this site:
Proposed now is the change of use of the premises from an estate agent's to a betting office. The applicant already has premises at 12, Church Road, Port Erin, 2b, Village Walk in Onchan and 8, Douglas Street in Peel. No alterations are proposed to the building but the applicant has indicated that displays will be in the windows to illustrate odds, events and offers. Other premises operated by the applicant have illustrations in the window - the Onchan premises for example has a red banner across the window with pictures of sports underneath. The premises presently have photographs of property for sale in the window with the estate agent's name at the top.
REPRESENTATIONS
The residents of 11, Queen Street and 1, Arbory Street object to the application, suggesting that the site is not suitable for a betting office, being on a thoroughfare where children often pass to and from school and being close to public houses where people already stand outside to smoke. The site is also within an historic area and a site within Callow's Yard where there is no frontage onto the main shopping street, would be more appropriate.
Those with the freehold for 4, Arbory Street object to the application on the basis that the frontage with large sheets of opaque glass as seen in Port Erin will be detrimental to the vibrancy and vitality of the streetscene and the town centre. The tenants of the shop and flat above 4, Arbory Street also object on a similar basis and as the proposed use may lead to patrons congregating outside whilst smoking and/or waiting for races. The tenant of the shop has submitted a petition of 131 signatures gathered from 4, Arbory Street, from a variety of local shopkeepers and residents and some further afield within the Island.
The owner of 46, The Crofts who is also Chairman of Castletown Heritage who informs the Committee that Castletown Heritage oppose the application for the reasons already given by the above parties.
Highways and Traffic Division indicate that they do not oppose the application.
ASSESSMENT
The use is classed within Class 2 of the Use Classes Order, under the description of Financial and Professional Services, along with banks, building societies, insurance brokers, booking office for a driving school or job centre. Class 1 describes shops - the conventional sale of goods of various types or the display of goods for sale but also includes hairdresser's of which there are two in Arbory Street fairly close to the application property.
The Strategic Plan explains that commercial uses are directed to the Island's town centres, including Castletown, as such areas are accessible to all members of the community, staff and visitors alike, the activity and range of services contribute to the vitality and success of the centres and this investment can be used to renew the ageing fabric of the town centre buildings (paragraph 9.3.3).
3 August 2010
10/00932/C
The Strategic Plan also includes a policy for development in Conservation Areas which requires development to preserve or enhance the character or appearance of the Area and which will ensure that the special features contributing to the character and quality are protected against inappropriate development (EP 35).
The draft Area Plan goes on to provide spatially based advice about the location of retail and commercial developments, and suggests at paragraph 5.6 .3 that "it is considered that future office development within the South may be accommodated primarily by the use of existing buildings. Within the central Mixed Use area this will normally take the form of the upper floors of buildings which are not currently in residential use. However, it should be recognised that an office use can be located on the ground floor of a building where it would present an interesting frontage and would not detract from the overall character and setting of the area. Business Policy 1 reiterates this and states "The ground floors of buildings will normally be deemed inappropriate for office development except where it can be shown that such a development would add to the interest of the frontage and the overall vitality and viability of the area".
Paragraph 5.13.1 states "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 centres. This will include elements of retail, office, community facilities and residential as well as dedicated public spaces which will be a focus for community activity. Uses which do not sit comfortably alongside residential developments will not be supported within the town and village centres." It goes on, "In order to ensure that the vitality of the town and village centres are 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 on the upper floors. Office use will also be acceptable on the upper floors but not at the expense of residential uses" (paragraph 5.13.2).
Retail Policy 1 states "The retention of a mix of uses within the identified mixed use areas in Port Erin, Castletown and Ballasalla will be encouraged so that the vitality and viability of the centres is protected to this end there will be a presumption in favour of the retention of the existing retail units".
The proposed use is one which is found in the town centre and within mixed use areas - for example, currently there are betting shops which are located in Church Road in Port Erin, Village Walk in Onchan, Douglas Street in Peel, Ridgeway Street and Castle Street in Douglas which between them are within areas designated as Shopping, Mixed Use and Town Centre and the Peel site also lies within a Conservation Area. The use is, however, not strictly retail and its use generally manifests itself in a very blank and bland frontage with either temporary and often hand written signs advertising forthcoming races or events on which people can place bets, or permanent images - often in plastic sheeting - across some or all of the shop windows. In some locations, for example in Ridgeway Street in Douglas which is off the main shopping thoroughfare, or within Station Road in Port Erin where there is a mixture of uses and frontages in a relatively small area dominated by onstreet parking, such uses can sit relatively comfortably amongst other retail uses. However, in this case the premises is in a prominent location within a pedestrianised town centre shopping area which is also within a Conservation Area and it has not been demonstrated - either in the application or by looking at other existing betting shop premises - that the use would result in a shop frontage which would preserve or enhance the Area.
There are objections based upon the likelihood of people congregating outside the premises which can happen frequently outside many different types of premises now that smoking has been banned from public places. There are also objections based upon the fact that children pass the premises and that this is not a suitable thing for children to see however this is not a material planning concern, particularly as there is a number of public houses close to the route to and from the town's schools and the shops. Similarly, the effect on property values is not a material planning concern.
It is considered that the proposed use is not one which is suitable for this property, so close to the centre of the town and in so prominent a location and as such the application is recommended for refusal. This is not to say that another, less prominent site within the town centre would not be acceptable where the type of shop front which is likely to result from the proposed use, would not be unsympathetic.
Whilst it may be possible to try to restrict or control the window display, the nature of the use requires either a permanent obscure frontage such as that found in Station Road in Port Erin, or a constantly changing set of information - such as that in Peel, neither of which is considered to be acceptable in this location.
The local authority is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
The tenants and freehold owner of 4, Arbory Street are immediately alongside the site and as such should be afforded party status in this instance.
1, Arbory Street is immediately opposite the application site and as such should be afforded party status in this instance.
The owners of 46, The Crofts (Castletown Heritage) and 11, Queen Street are not directly affected by the proposal and as such should not be afforded party status in this instance.
The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.
Recommended Decision: Refused
Date of Recommendation: 03.08.2010
The proposed use is likely to result in a shop frontage which would not contribute to the character or appearance of the area which is designated as a Conservation Area and where the area generally is of considerable age and character and where the Department has a responsibility to require that development preserves or enhances its character and appearance.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer. Decision Made: Refused Date: ............................... Signed: ............................... Senior Planning Officer
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