18 November 2009 · Director of Planning and Building Control
The Courtyard Ltd, The Courtyard Office, Arbory Street, Castletown, Isle Of Man, IM9 1dq
The proposal sought retrospective permission for various undertaken works at Callows Yard, a previously approved mixed-use redevelopment comprising shops, cafes, residential units, and public spaces linking Arbory Street and Malew Street in Castletown town centre.
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The officer emphasised that retrospective works and deviations from the approved scheme (PA 05/01539/B) do not preclude approval, as applications must be judged on their own planning merits, regardles…
Castletown Plan (1991) policy for area between Arbory Street and Malew Street
Requires retail at ground level, option for hotel/tourism upper levels, pedestrian link between streets; retain existing structures where practicable, control materials/finishes/massing to sympathise with neighbours, encourage upper residential/retail/tourism. Officer found proposal aligns by providing retail/tourist uses, pedestrian links, and sympathetic massing despite elevational changes.
Castletown Plan (1991) housing policy
Encourages housing in town to high design standard per Conservation Area. Loss of some residential offset by tourist units deemed more appropriate near retail.
Castletown Plan (1991) car parking policy for site
Requires maximum feasible parking without prejudicing nearby facilities; flexibility in Conservation Area. Reduced residential units lower demand; Highways no objection.
Draft Southern Area Plan Retail Policy 1
Presumption in favour of retaining retail in mixed use areas to protect Castletown vitality. Proposal enhances retail/food/tourist mix.
Time limit
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
Approved drawings
This approval relates to the alterations and construction shown in drawings 01-17 inclusive all received on 18th September, 2009.
Do not oppose
no objection subject to conditions on sewer connection and no surface water to foul sewers
no objection (notes blank)
Drainage Division and Highways Division raised no objection with conditions on drainage connections and surface water disposal from Drainage, and no traffic implications from Highways; Access Office recommended accessibility improvements; public objections focused on procedural irregularities rather than the specific 09/01536/B application.
Key concern: Inadequate display of site notices failing to comply with planning application procedures
Drainage Division, Department of Transport
Conditional No ObjectionNo Objection subject to the following conditions; All drainage works must conform to the requirements of the Department of Transport's "Manx Sewers for Adoption"
Conditions requested: Proposed development must be connected to the public sewer(s) in a manner acceptable to the Department of Transport Drainage Division and on terms and conditions agreed prior to commencement, including conformance to 'Manx Sewers for Adoption', advance notice of connections, CCTV inspections at developer's expense, and as-built drawings; NO discharge of surface water (including from roofs and paved areas) from proposed development to any foul drainage system(s)
Highways Division
No ObjectionDo not oppose has no traffic management, parking or road safety implications
Access Office
Conditional No ObjectionWe recommend that the ramps are no less than 1-12 and they are at least 1 meter wide. Door frames should be at least 850 mm wide, External doors should be level or ramped access with preferably automatic doors.
Conditions requested: Ramps are no less than 1-12 and at least 1 meter wide; Door frames should be at least 850 mm wide; External doors should be level or ramped access with preferably automatic doors
Access Office
Conditional No ObjectionEnsure there are handrails at both sides of the steps and ramps.; All door frames are recommended to be at least 900 mm which will give you a clear 850 mm opening.; We would recommend that there is an accessible toilet on all floors.
Conditions requested: Handrails at both sides of the steps and ramps; All door frames are recommended to be at least 900 mm which will give you a clear 850 mm opening; Accessible toilet on all floors
Roger C. Rawcliffe
ObjectionI am writing in connection with the above seven applications to object to an granting.; I would be prepared to withdraw my objective if... the following conditions were met in toto
Conditions requested: Reinstate as proper residential full time accommodation all 14 houses, 10 apartments and 3 maisonettes; Reinstate a free thoroughfare from Malew to Arbory Streets; Redesign all shop fronts in Arbory Street and 17 and 19 Malew Street as appropriate to the town including replica front to 17 Malew Street; Levy of a substantial fine for gross breach of process
J O Lee
ObjectionI have not been able to find any site notice in Arbory Street relating to these plans.; The increase in the number of food outlets... will lead to increased littering; Potential for excessive noise when the doors are open in the summer in the Jazz lounge.
The original application 09/01536/B sought internal and external alterations including extensions to 11 and 13 Malew Street to provide retail at ground and first floor with an apartment above, demolition and rebuilding works, and ancillary works linking to an approved development. No refusal reasons or date are stated in the document. The appeal AP07/0222 was lodged but subsequently withdrawn. The appeal decision was 'Appeal Withdrawn' issued on 18th June 2008. No inspector analysis or conditions apply due to withdrawal.
Precedent Value
No precedent value as the appeal was withdrawn prior to determination.
