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Application No.: 09/00614/B Applicant: Callows Yard Enterprises Limited Proposal: Creation of lower floor for use as a gallery (Re advertised due to amended plans and proposal description) Site Address: 17 & 19 Malew Street Castletown Isle Of Man IM9 1AD Considerations Case Officer : Miss S E Corlett Site Visit: 30.10.2009 Expected Decision Level: Planning Committee Written Representations 37 Malew Street Castletown Isle Of Man IM9 1AE Objects to the proposal 38 The Crofts Castletown Isle Of Man IM9 1LZ Objects to the proposal 9 Elizabeth Rise Castletown Isle Of Man Objects to the proposal 8 Douglas Street Castletown Isle Of Man IM9 1AY Objects to the proposal Bagnio House Arbory Street Castletown Isle Of Man Objects to the proposal 52 Malew Street Castletown Isle Of Man IM9 1AF Objects to the proposal The Malt House Bridge Street Castletown Isle Of Man Objects to the proposal Crofton The Crofts Castletown IM9 1LW Objects to the proposal Consultations Consultee : Highways Division Notes : Do not oppose Consultee : Castletown Commissioners Notes : 2 November 2009 09/00614/B Page 1 of 6 Consultee : Castletown Heritage Notes: Comments received Consultee : Environmental Protection Officer (Water) Notes: Comments received 08.05.09 - Document received "Callow's Yard Development - EPU Consultation in respect of odour \& noise control 22nd April 2009. Consultee : Drainage Division Notes: No objection subject to the following conditions:-
This application is recommended for consideration by the Planning Committee rather than being considered under delegated powers as there are more than 5 local objections to the scheme and it is being recommended for approval. In addition, there is a number of contemporaneous applications for this site which are also being referred to the Planning Committee for consideration. Also, the site has a history of applications, the majority of which have been considered by the Planning Committee.
The site represents an area to the rear of 19, Malew Street which was shown and approved under PA 05/1563 as a sunken garden. The site is accessed via two staircases to the ground floor area above which is partly an area with seating for use for consumption of food and drink on the premises (as originally approved) and beside this the access way from the central courtyard towards Malew Street and the retail and catering units between the central courtyard and Malew Street. Both staircases discharge into the basement from the access way. The basement is an area which was previously shown as a sunken garden. The new basement is larger than the sunken garden and deeper extending to 2.6 m below the floor level of the ground floor units and with a further 740 mm of foundation.
The space has been created but on the last visit (30th October, 2009) the area was full of storage boxes.
The site lies within an area designated as Mixed Use on the Castletown Local Plan of 1991 and the draft Area Plan of 2001. Both plans identified the area between Arbory and Malew Streets as suitable for redevelopment.
All of the site lies within Castletown's Conservation Area. The Castletown Plan (1991) contains the following:
that it was necessary to return by the same route. Approval in principle has now been granted for a scheme which incorporates retail uses at ground level and hotel accommodation on upper levels. - 2.10 The area between Arbory Street and Malew Street should be developed for retail purposes at ground level with the option of hotel/tourism development on upper levels and a pedestrian link between the two streets should be established. In creating this link, existing structures must be retained where practicable the use of materials and finishes will be closely controlled and the massing of the development must be in sympathy with the neighbouring buildings. In any new development, the use of the upper levels for residential, retail or tourism will be encouraged.
2.11 It is considered that such a development can only be realised if it is actively promoted. To this end it is recommended that the Castletown Commissioners should pursue this policy as a matter of priority.
Other relevant policies include 5.4 which states that the introduction of housing into the town itself will be encouraged but will require to be to a suitably high standard of design in line with the Conservation Area policy.
The car parking section suggests that there is limited parking available and that "discretion in the provision and location of parking may therefore need to be exercised" (7.6) and that bearing in mind the Conservation Area status, the policy need not universally be applied. There is specific reference to this site in paragraph 7.19 where it states that "any future development of the area between Arbory Street and Malew Street will be required to incorporate the maximum car parking provision which is feasible in this area but must not prejudice the bowling green, tennis courts and play area".
The section on Conservation Area does not mention this site specifically but refers to the need for a high standard of design, the importance of controlling demolition and replacement buildings.
The emerging plan which emerged as far as a draft but not as far as a public inquiry and which can only have limited weight attached to it, refers to this site and has a policy which states: "The area between Arbory Street and Malew Street within the Mixed Use area (behind the buildings which front onto those streets) may be suitable for the extension of existing retail units or the creation of new pedestrian links between the two streets. Existing outbuildings or outlets of historic interest or merit should be retained and any application for development in this areas should be accompanied by an archaeological assessment of the site." The accompanying text (paragraph 2.3) warns against the development of this area if it will drain the existing units from the main streets. The section on car parking suggests that "parking standards may be applied with flexibility if it results in the re-use of a Registered Building or building of architectural interest, will result in the preservation of a sensitive streetscape or is otherwise of benefit to the character of the Conservation Area" (7.8).
The recently published draft Southern Area Plan confirms the designation of this area as Mixed Use and in the draft Written Statement refers to the majority of retail provision in the south within existing settlements including Castletown. The Plan goes on to encourage town and village centres to be "attractive, viable and full of vitality" and "a mix of different uses" should be located within the centres. The Plan also states "this will include elements of retail, office and community facilities and residential as well as dedicated public spaces which will be a focus for community activity." (paragraph 5.13.1). Callow's Yard is referred to specifically at paragraph 5.15 .1 where it states, regarding "Current Retail Provision in Castletown", "The redevelopment of Callow's Yard has provided a range of refurbished and new-built units". The Plan goes on to refer to the Isle of Man Retailing Study which was issued in May 2009 recommends that convenience supermarket retail provision is most lacking in the west and south of the Island. The Plan goes on to include policies which state: "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 existing retail units." (Retail Policy 1)
Planning permission has been granted for the initial scheme, PA 05/1539, which proposed the redevelopment of the area between 17 \& 19 Malew Street, 4a, 16, 18, 20, 22, 24 \& 26 Arbory Street, physic garden and the land in between. This was permitted on appeal following objections, principally concerned with the lack of car parking within the scheme. Since then, the site has grown in area to include Arbory Court, 6-14, Arbory Street and 9, 11, 13, 15 and 21, Malew Street and there have been subsequent applications for other parts of the site.
Planning permission has been sought for only one development of this part of the scheme, this being PA 05/1539 for the original layout of the area which has since been expanded to include more properties in Malew and Arbory Streets and also Arbory Court.
As stated above, proposed now is the creation of a basement for use as a gallery. This represents an area which has been excavated, based around an existing basement but expanded to create a usable space accessed by two staircases which both discharge into the access way above which leads from Malew Street into the central courtyard area.
There is a number of representations which claim to express views on this application but which actually relate to the other proposals to create eating and drinking establishments within the scheme and for alterations to existing buildings, none of which would appear to be applicable to this particular application:
Environmental Protection Unit, 37, Malew Street, 38, The Crofts, 9, Elizabeth Rise, 8, Douglas Street, Bagnio House, Arbory Street 52, Malew Street, The Malt House, Bridge Street, Crofton, The Crofts
Castletown Heritage express no objection to the basement but query whether 17 and 19, Malew Street have full approval
Disability Access Officer raise the issue of internal access which is a matter for the Building Regulations and as such should not be referred to in the planning decision notice
Department of Transport Drainage Division request conditions relating to the Sewerage Act which is not a material planning consideration and as such should not be referred to in the planning decision notice
Department of Transport Highways and Traffic Division indicate that they have no objection to the application
The proposal creates additional space which is to be used as a gallery. The works to create the space are/were internal and there is no evidence that either the physical creation of the gallery or the use of the space as such has adversely affected the amenities of those in the vicinity. The addition of a gallery provides variety in the range of attractions within the scheme and it is considered that this should be permitted.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Environmental Protection Unit raises issues relating to noise and smell nuisance, neither of which is relevant to this application. As such this party should not be afforded party status in this instance.
The occupants of 37, Malew Street, 38, The Crofts, 9, Elizabeth Rise, 8, Douglas Street, Bagnio House, Arbory Street, 52, Malew Street, The Malt House, Bridge Street, Crofton, The Crofts and Castletown Heritage are not directly affected by the proposal and as such should not be afforded party status in this instance.
Disability Access Officer makes representations on matters which are the responsibility of the Building Regulations and as such should not be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation:
Conditions and Notes for Approval / Reasons and Notes for Refusal
This permission relates to the creation of a basement for use as a gallery as shown in drawings PA614/01, -02, -03 and -04 all received on 18th September, 2009.
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005.
Decision Made : ............................ Committee Meeting Date : ............................ Signed : ............................................... Presenting Officer 2 November 2009 09/00614/B Page 5 of 6
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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