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The site is the curtilage of 32-34 Malew Street, a former chapel which is now used as offices.
The site lies within an area of Predominantly Residential on the Castletown Local Plan of 1990. On the draft Southern Area plan the site is designated as Mixed Use which more accurately reflects its use.
The site also lies within Castletown’s Conservation Area.
Proposed now is retrospective permission for the erection of bollards and chains to secure the parking area from unauthorised parking. The bollards are metal posts on which a metal chain is suspended. There are also short sections of metal gates at the foot of the entrance steps.
Environment Policy applies to development within Conservation Areas and 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."
Planning permission was granted for the conversion of the premises from a furniture storage area to an office under PA 97/1109. Permission was then granted for the conversion of the attic to office accommodation including the installation of rooflights under PA 99/0079. Since then permission has been granted for a meter box on the forecourt under PA 99/1689 and a screen to cover air conditioning units to the rear of the building under PA 00/0288 and a satellite dish under PA 02/0951.
The application for the meter box was refused by the Planning Authority and approved on appeal, the Inspector commented that "the meter box to be a structure of modest size and that the design and material were unexceptionable." In his opinion it "neither harms nor enhances the appearance or character of either the streetscene or the Conservation Area" and that it was "scarcely visible" and its visual impact "entirely neutral".
The Highway Authority indicates that it does not object to the application.
Castletown Commissioners object to the application on the basis that the posts, panels and chains are of poor appearance in the Conservation Area and the proposal demonstrates a lack of regard for the neighbour's property.
The owners of 36, Malew Street object strongly to the application on the basis that the works have been carried out without permission or consultation, that, after making contact with the applicant, there is some confusion about the legality of the structure in relation to land ownership, the fact that the bolts put in to hold the structure in place run into their property and may threaten the stability of their walls and they have had no opportunity to try to undertake works to prevent such potential damage. Also, they express concern at the poor appearance of the structures which have been erected within the Conservation Area and have the appearance more of a cattle market than an historic place of beauty. They understand that part of the enclosure is to house wheeled bins to which they object in terms of the appearance of such apparatus in the streetscene. Finally, they have experienced the chains to be noisy in windy weather.
The fence panels are industrial/utilitarian in appearance and character and out of keeping in an historic streetscene which is within a Conservation Area. The panels and posts cannot be said to enhance the character or appearance of the area nor can they be said to be neutral in terms of their impact. As such they are considered to be contrary to Environment Policy 35 and the provisions of Planning Policy Statement 1/01.
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 owners of 36, Malew Street are immediately alongside the property and should be afforded party status in this case.
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: 18.02.2011
C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals
R 1.
The panels, chains and posts are utilitarian in appearance and out of character with the building in front of which they have been erected and the Conservation Area in which they are sited. They do not preserve or enhance the character or appearance of the Conservation Area and as such contravene Environment Policy 35 of the Strategic Plan and Planning Policy Statement 1/01 - Conservation of the Historic Environment of the Isle of Man Policy CA/2.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Senior Planning Officer.
Decision Made: Refused Date: 22/2/11
Signed: Muence Senior Planning Officer
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