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Application No.: 18/00323/C Applicant: Castletown Securities Ltd Proposal: Use of premises as either offices or retail Site Address: Ground Floor Shop 10 Malew Street Castletown Isle Of Man IM9 1AB Case Officer : Miss S E Corlett Photo Taken: 19.04.2018 Site Visit: 19.04.2018 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 21.05.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
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The owner of 20, Kissack Road and The proprietor of 23a, Arbory Street Neither of whom are close enough to the application site to be directly affected by the proposal. _____________________________________________________________________________ Officer’s Report THE SITE
1.1 The application site is the curtilage of 10 Malew Street, Castletown which is a mid-terrace three storey property situated on the eastern side of the highway. The ground floor has a current use as retail with office and residential accommodation above. 8 Malew Street is to the south of the application site and is also in the ownership of the applicant, this also has retail at ground floor with offices above. To the north of the application site is 12 Malew Street, again retail at ground floor with residential accommodation above. - 1.2 This part of Malew Street accommodates a range of uses - on this side of the street is a hair dresser, dentist, health food store, butcher, delicatessan, gift shop and a bank and on the other side is a vacant shop (Soalt), two cafes, a fish and chip shop and a chemist. - 1.3 The application building is quite distinct from its neighbours with a curved shop front with an entrance on each side and above ground floor, the upper floors have rounded headed and curved headed windows and a range of mouldings and dentilled cornices. The application property and number 8 shares threse features in a streetscene which is otherwise relatively plain. THE PROPOSAL
2.1 The application seeks approval for the conversion of retail unit to an office - either Class 2 or Class 4, the difference being one involves day to day callers and the other not. No changes to the building are proposed. - 2.2 The applicant explains that they would be in favour of renting it out as a shop but following the closure of the last tenant's business they have had no viable interest from busineses wishing to relocate or open a new business in this position despite having had approval for a restaurant and a dentist's practice. The proposed use would allow estate agent's, insurance broker's and the like to locate here and this would provide employment and would be better than the unit standing empty. They would hope that the use would be for a short term basis only and it could then revert back to a shop. They note that the site originally accommodated the town's cinema. DEVELOPMENT PLAN POLICIES
3.1 The application site is within an area zoned as "Mixed Use" identified on The Area Plan for the South 2013. The application site is also in the Castletown Conservation Area. Given the nature of the application it is appropriate to consider General Policy 2, Environment Policy 35, Business Policy 9 and Business Policy 10 of the Isle of Man Strategic Plan (20th June 2007). It is also appropriate to consider Mixed Use Proposal 1 of The Area Plan for the South 2013. - 3.2 "General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
c) Does not affect adversely the character of the surrounding landscape or townscape g) Does not affect adversely the amenity of local residents or the character of the locality."
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3.3 "Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected." - 3.4 Paragraph 9.3.3: "The Department has supported the location of offices in town and village centres for several reasons:
3.5 Business Policy 7: "New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space
3.6 The Area Plan for the South contains the following guidance which is considered relevant:
"6.6.2 Development within an area of Mixed Use (as designated on the Proposals Map/Inset Maps) or those sites proposed for Mixed Use (identified on the Maps as 'Proposed Mixed Use') will comprise a mix of some or all of the following uses: residential; shops; financial and professional services; food and drink; research and development, light industry; hotels and hostels; hospitals, nursing homes and residential institutions; community uses; leisure; tourism and open space. For applications relating to sites proposed for Mixed Use, the mix and types of uses on the site will be determined on their merits in accordance with the Proposals in the Area Plan and the Isle of Man Strategic Plan Policies."
"6.6.5 In order to ensure that the vitality of the town and village centres is retained in terms of visitor attraction and activity after working hours, it is considered that retail should be the preferred use for ground floors of buildings within those areas designated for Mixed Use
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with residential use encouraged for the upper floors. Office use will also be acceptable on the upper floors but not at the expense of residential uses, and in certain circumstances on the lower floors."
Mixed Use Proposal 1: "In order to maintain and enhance the vitality of the Mixed Use areas in Port Erin, Castletown and Ballasalla, there will be a presumption in favour of the retention of existing retail units on the ground floor although each case will be determined upon its circumstances and merits."
Mixed Use Proposal 5: "In Castletown, Port Erin and Ballasalla, office development may be acceptable on the ground floors of buildings although there will be a presumption in favour of retaining retail units subject to the circumstances and merits of any alternative scheme and provided it does not cause significant harm to the character and appearance of the area."
4.1 Planning approval was granted for the use of the ground floor of this building as a dental clinic (14/00557/B) and a cafe (14/00556/B) and prior to that to an estate agent's office (05/01222/C). The dental clinic was taken up in the adjacent property, number 12 under 14/00647/B. - 4.2 More recently, planning approval was granted on appeal to the conversion of two units on the other side of Malew Street - number 17 and 19, from retail to residential/tourist accommodation. This application, refused by the Planning Committee due to the loss of retail floorspace and an unacceptable visual change from a commercial shopfront to a residential facade, was considered acceptable to the inspector on the basis that the units had been vacant for the previous 6 years and that attempts had been made to market it. REPRESENTATIONS
5.1 Castletown Commissioners have no objection (09.05.18). - 5.2 Two objections have been received. The proprietor of Chree-Brae Gifts and Jewellery of 23a, Arbory Street expresses concern at the diminishing number of retail units in the town and she feels that this is now having an impact on the small local businesses of the town. She points out that many of the original retail units in Malew and Arbory Streets have already been converted to residential, office or food outlets in recent years with a predominance of food outlets and the total number of retail shops selling holiday souvenirs is five including the Castle and the Grammar School which are currently closed. She is concerned that the retail units in the town may disappear forever and many local residents are already shopping elsewhere - in other Island locations or using the Internet. The local population is likely to rise with new residential estates in the pipeline and the town has an increasingly aging population who may not be able to shop elsewhere and some shops open later in the morning, close early or on appointment basis only due to reduced footfall and it is her view that the town needs more shops to help it grow for the benefit of future generations (14.05.18). - 5.3 The owner of 20, Kissack Road objects to the application, considering that it is critical to the survival of retailing in the town that the ground floor of all the present retail properties within the block paved pedestrianised areas of Malew Street and Arbory Street, is retained for retail and where retail can include food retailers which he believes is compatible with the town centre location. He believes that the proposed change of use is for profit although he acknowledges that the unit has been vacant for a few years and it may be that the owner has chosen not to use it for retail purposes. Castletown needs to have a diverse and viable retail sector and it is for the owner of the property to provide an acceptable and atrtractive opportunity to enable successful retailing to exist within the premises. (09.05.18). 6.0 ASSESSMENT
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6.1 The development plan clearly prefers that ground floor premises are used as retail or for purposes which generate interest and make the town centre a more interesting and attractive place to visit. Exceptions are made, for example at numbers 17 and 19 where it was considered that a lack of demand and the position of the premises did not require this preference to be followed. The application property is further within the established town centre so the same locational argument cannot be made here. - 6.2 Whilst the proposed use for office purposes which will not attract day to day callers will not generate the same contribution to the town centre as a place for people to visit, it will still retain people within the town centre within the working week who can contribute to the use of the town's amenities and services, thus reinforcing the town's businesses. The fact that there will be no changes to the building means that a reversion back to a shop or cafe is possible and the proposal does not preclude or prejudice this. - 6.3 A number of town centre properties in Queen Street and off Parliament Square have recently been changed from office to residential use and as such, another office within the town centre, at a time when there is a number of retail units unoccupied, is considered a positive opportunity.
6.5 There is clearly policy support for the proposed use where the Area Plan states:
"6.6.5 Office use will also be acceptable on the upper floors but not at the expense of residential uses, and in certain circumstances on the lower floors."
Mixed Use Proposal 5: "In Castletown, Port Erin and Ballasalla, office development may be acceptable on the ground floors of buildings although there will be a presumption in favour of retaining retail units subject to the circumstances and merits of any alternative scheme and provided it does not cause significant harm to the character and appearance of the area."
6.6 Particularly in respect of paragraph 6.5.3, this unit has been and is currently vacant. Whilst there are concerns expressed by two local people, that the diminishing number of retail premises in the town is adversely affecting the interest and viability of the town, vacant shops are similarly offputting for investors and visitors. What is proposed would bring employment, activity and use to the building, and if there were visiting customers, such as for a bank, building society or professional office, then this is also a reason to visit a town centre and would broaden the range of businesses available in the town. The property is interesting in terms of its facade onto the street and if this had plants in the window, would be little different to Castle Cuts just up the road, in terms of a shopfront although if the office use attracted customers and passing trade, it may be more appropriate to have an unobscured view into the internal office space to see what was being offered. Either way, it is difficult to argue that the proposed change of use would be detrimental to the character and appearance of the area. Unlike residential use, the use as offices would add interest to the range of employment and potentially the services on offer in the town. - 6.7 It is noted that there is no objection to the application from the local authority.
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7.1 The proposal is considered to accord with Development Plan policy and is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:
I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 24.06.2018 Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control
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