31 January 2006 · Minister (John Rimington MHK) - dismissed appeal and confirmed Planning Committee approval at review
The Courtyard Ltd, The Courtyard Office, Arbory Street, Castletown, Isle Of Man, IM9 1dq
The proposal involved redeveloping a brownfield site in the pedestrianised centre of Castletown, bounded by Arbory Street and Malew Street, including retention or replication of frontage buildings, demolition of some rear structures, and new construction of residential units (27 total after amendment), retail units on …
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The Minister accepted the inspector's view that parking was the single key issue but concluded the conservation and regeneration benefits outweighed the absence of dedicated parking provision, quoting…
Castletown Local Plan - area between Arbory Street and Malew Street
Requires retail at ground level, option hotel/tourism upper, pedestrian link; retain structures where practicable, control materials/massing sympathetic to neighbours, encourage residential/retail/tourism upper levels. Officer assessed proposal complies via frontage retention/replication, sympathetic massing, pedestrian mall with amenities.
Castletown Local Plan - development promotion
Castletown Commissioners to actively pursue policy as priority. Commissioners supported as vital regeneration.
Castletown Local Plan - car parking discretion
Due to limited parking, discretion in provision/location needed; not universally applied in Conservation Area. Applied flexibly to waive on-site/off-site requirement despite tensions with standards.
Castletown Local Plan - specific site parking
Maximum feasible parking without prejudicing bowling green/tennis/play area. Inspector viewed as not dispensing entirely but evidence-based reduction; Minister/Committee applied flexibility for townscape benefits.
Peel Local Plan parking policy
Standards flexible for re-use of historic buildings, preserving streetscape, Conservation Area benefit. Cited to justify relaxation for regeneration.
vital for regeneration and viability of town centre; flexibility per Local Plan policies 2.10/2.11/7.6; on-site parking spoils ambience in pedestrian zone; vast majority of residents in favour; offered informal overnight agreement at Chapel Lane
no objection to servicing/extension of existing; adequate visitors parking; reduced to 1:1 ratio due to town centre location/public transport; out-of-hours at Chapel Lane acceptable subject to legal agreement (ultimately not imposed)
no objection
no objection; discuss supply/cables
acceptable post-amendments; imaginative regeneration; flexible parking per Local Plan; condition removal realistic as unworkable
consistent with sustainable objectives; high quality design; parking not feasible on/off-site; attitudes to cars changing
keen to see development proceed despite parking concerns
Environmental Health provides detailed food hygiene and commercial premises requirements with no explicit objection; Manx National Heritage raises archaeological and architectural concerns but supports mitigation through conditions; IoM Water Authority requests water connection conditions.
Key concern: archaeological deposits directly beneath ground surface at risk from ground level alterations
Department of Local Government and the Environment
Conditional No ObjectionThe walls, floors, doors, windows, ceiling, woodwork, and all other parts of the structure of every food room shall... enable them to be effectively cleaned, and prevent... risk of infestation; Regulation 27 of the Food Hygiene (General) Regulations 1978 details the temperatures at which certain foods have to be kept; The Department recommends the use of mobile tables and shelves instead of fixed units. The Department does not commend the use of domestic style fixtures
Conditions requested: Floor of any food room surfaced or treated with suitable durable impervious material; Surfaces with which food comes into contact impervious to grease and easily cleaned; Shelves and service pipes fixed at least one inch clear of walls and one foot above floor; Cupboard units constructed to prevent vermin harbourage with cleaning access; recommend mobile tables and shelves; Cooking equipment fixed clear of walls with access for cleaning; recommend movable equipment with flexible couplings; Suitable ventilated facilities for food storage including adequate refrigeration; Suitable and sufficient sinks for washing food and equipment with draining platforms and hot/cold water; specific requirements based on business scale and dishwasher presence; Suitable ventilation including extract to cooking appliances with inlet screening; Suitable lighting; Accommodation for employees’ clothing with drying facilities; Hand washing basins for food handlers conveniently accessible with hot/cold water; Sanitary accommodation per specified scale with ante-chamber ventilation; Refuse storage within boundaries in sealable containers with impervious floor; Intercepting and removing grease from drainage system; No nuisance from effluvia, noise, vibration, steam
Manx National Heritage
Conditional No ObjectionThis area was of prime importance in understanding the development of Castletown as the Island's capital; Policy C/RET/P/4: any application for development in this area should be accompanied by an archaeological assessment; We would like to take this opportunity to inform the Planning Committee that we have recommended the applicant seeks professional archaeological advice to prepare a project design for archaeological mitigation
Conditions requested: Archaeological assessment of the site; Archaeological works required based on ground disturbance; Project design for archaeological mitigation; Survey and recording of structures not retained; Views of Building Conservation Officer; Schedule of works setting out mitigative works for archaeological and architectural significance
IoM Water Authority
Conditional No ObjectionThe Authority wish to express their interest... and request that a condition of planning be that the applicant must contact the Authority
Conditions requested: Applicant must contact the Authority to ensure connection obtained for water supply purposes or amendment to existing supply under Water Supply Byelaws; For connections comprising more than single connection or new mains/hydrants contact Planning and Projects Section tel 69 59 58
The original application for mixed residential and retail development in Castletown Conservation Area was approved by the Planning Committee on 31 January 2006 subject to a condition requiring a legal agreement for 27 off-street parking spaces, which was later removed on review on 7 April 2006. Appellants argued that no parking provision would exacerbate existing congestion and road safety issues, citing policy requirements for maximum feasible parking. The Planning Committee and applicant defended the approval citing policy flexibility for town centre/Conservation Area sites, an agreement for overnight parking at Chapel Lane, and the scheme's regeneration benefits. The inspector found the single issue of parking unresolved due to lack of evidence on demand/supply and no formal long-term arrangement, despite acknowledging very significant townscape benefits; recommended refusing permission but noted potential approval with evidence-based off-site parking.
Precedent Value
Demonstrates inspectors require robust, evidence-based parking assessments even in policy-flexible town centre/CA sites; informal agreements insufficient - need enforceable long-term solutions tied to permission; benefits must be exceptional to override parking shortfalls, but evidence can unlock approvals.
Inspector: David Ward BSc(Hons) CEng MICE FIHT
