3 February 2015 · Delegated - Senior Planning Officers (Chris Balmer, Sarah Corlett) and Head of Development Management (Jennifer Chance), Director of Planning and Building Control
32-34, Malew Street, Castletown, Isle Of Man, IM9 1af
The site is the curtilage of a former church now used as offices at 32-34 Malew Street, Castletown, featuring a handsome dressed stone building with steps leading to the entrance and tarmac parking areas either side accommodating five or six cars.
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The officer assessed the proposal against Environment Policy 35, which requires development in Conservation Areas to preserve or enhance the area's character and protect special features.
Environment Policy 35
Requires that within Conservation Areas, only development which preserves or enhances the character or appearance of the area will be permitted, protecting special features from inappropriate development. The officer tested the fence and bollards against this, finding the amended rear-only fence largely out of view and acceptable boundary treatment, while black bollards better match town street furniture than prior grey ones, overcoming previous refusal reasons and complementing the Conservation Area.
Planning Policy Statement 1/01 - Policy CA/2 (Conservation Areas)
Echoes ENV35 guidance for Conservation Areas. Referenced in prior refusal but satisfied here due to design improvements distinguishing from refused utilitarian elements.
Time limit
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.
do not oppose the application
do not oppose the application
Castletown Town Commissioners and Highways have no objection to the application, while a neighbour objects strongly citing access issues, property damage, noise, and harm to Conservation Area character.
Castletown Town Commissioners
No ObjectionThe following applications were considered by the Board at a meeting dated 17th November, and no objection raised.
Department of Infrastructure Highways
No ObjectionDo not oppose
The original application (11/00090/B) for retrospective erection of bollards, metal panels, and chains to secure a parking area at 32-34 Malew Street, Castletown, was refused by the planning authority on grounds that the utilitarian features were out of keeping in the Conservation Area. The appellant argued the features were necessary for parking control and bin storage, similar to other street furniture in the area, and comparable to installations by government bodies. The inspector, after a site visit, found the bollards of lesser design quality, incongruous in the street scene, and harmful to the Conservation Area's character, rejecting comparisons to other examples. The bin store, though removed, was also deemed inappropriate. The Minister accepted the inspector's recommendation to dismiss the appeal and directed enforcement action.
Precedent Value
This appeal demonstrates that utilitarian security features like basic metal bollards and chains must meet high design standards in Conservation Areas, matching or exceeding existing quality street furniture; functional need alone is insufficient without enhancement of character.
Inspector: John S Turner
