Officer Report

Application No.: 18/00703/C Applicant: Christopher Stewart Fearnley Proposal: Change of use of commercial unit to residential property Site Address: 11 Bank Street Castletown Isle Of Man IM9 1AT Principal Planner: Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 06.08.2018 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions C 1. 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.

Plans/Drawings/Information; This approval relates to plan ref 18/16/01 Rev A date stamped as received 19/7/18 _______________________________________________________________

Interested Person Status

Additional Persons none _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The site is the curtilage of an existing property which sits on the western side of Bank Street, angled towards the north and with the building sitting at a 45 degree angle to the highway. The property has two floors of accommodation, both used for retail space.

1.2 The property has a small yard at the rear. - 1.3 The property has a single door in the first floor front, with a decorative guard rail in front of this and a single window in the rear of the first floor, serving an en-suite bathroom. At ground floor level there is a larger shop front window adjoining the front door and at the rear there is a door leading out to the rear yard and a window serving a kitchen. There are no windows in either side of the property. THE PROPOSAL

2.1 Proposed is the conversion of the property from retail to residential. No changes appear to be being made to the building. PLANNING POLICY - 3.1 The site lies within an area designated on the Area Plan for the South adopted in 2013 as Mixed Use, reflecting the mixture of retail, offices, cafes, take-aways, residential and tourist uses which prevail in the area. The site also lies within the town's Conservation Area.

3.2 The Strategic Plan sets out standards of car parking required for different sorts of development - residential units generally require two spaces per unit and retail uses spaces for service deliveries. It also states that:

"These standards may be relaxed where development: a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or b) would result in the preservation of a sensitive streetscape, or c) is otherwise of benefit to the character of a Conservation Area d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality" (A.7.6).

3.3 Paragraph 6.1.2 describes "The majority of the retail provision in the South is within the existing settlements. Most of this is located in the Service Centres of Castletown and Port Erin both of which offer some comparison and convenience retailing." It goes on at paragraph 6.6.1 "In order to achieve town and village centres which are attractive, viable and full of vitality it is essential to encourage a mix of different uses to locate within the Mixed Use areas. This will include elements of retail, office, light industrial, community facilities, leisure and tourism uses and residential as well as dedicated public spaces which will be a focus for community activity. Uses which are not compatible with residential developments will not be supported within the Mixed Uses areas. Generally there will be a presumption in favour of changes of use between the range of approved uses. Whilst planning approval may be required for some changes, this would normally be supported subject to the buildings being suitable for the new use."

3.2 At paragraph 6.6.2 of the Plan. "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. - 3.3 Paragraph 6.6.5 of the Area Plan states, "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 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."
• 3.4 The Strategic Plan contains the following which is considered relevant to this application: Paragraph 9.4.5 states "It is accepted that in some circumstances a mix of uses can be appropriate within town centre locations such as residential flats above retail units or office accommodation, particularly where this can help to ensure the use of the area at different times during the day, thus helping to ensure the security and vitality of these areas." It should be clarified that where there is an apparent conflict of policy, whichever document was adopted later should carry more weight.
• 3.5 The Isle of Man Strategic Plan provides, at the outset, on page 9 the Strategic Aim:

To plan for the efficient and effective provision of services and infrastructure and to direct and control development and the use of land to meet the community's needs, having particular regard to the principles of sustainability whilst at the same time preserving, protecting, and improving the quality of the environment, having particular regard to our uniquely Manx natural, wildlife, cultural and built heritage.

3.6 The Strategic Plan policies require that development makes the best use of resources by utilising under-used land and buildings (Strategic Policy 1); that new development be located primarily within our existing towns and villages (Strategic Policy 2); proposals should protect or enhance the fabric and setting of Ancient Monuments and Conservation Areas (Strategic Policy 4); all new retail development must be sited within town and village centres (Strategic Policy 9); and favourable consideration will be given to proposals for improving the quality and condition of the existing housing stock and for the creation of flats by conversion of vacant and under-used space above commercial premises (Strategic Policy 12). It also requires that developments provide satisfactory amenity standards in itself and takes account of community and personal safety and security in the design of buildings and the spaces around them (General Policy 2h and 2m). - 3.7 Spatial Policy 2 identifies Castletown as a Service Centre that should provide regeneration and choice of location for housing, employment and services. - 3.8 Environment Policy 35 seeks to ensure that in Conservation Areas only development that would preserve or enhance the character of appearance of the area will be permitted. - 3.9 Environment Policy 43 supports proposals which seek to regenerate run-down area. Such proposals will normally be set in the context of regeneration strategies identified in Area Plans. The Department will encourage the re-use of sound built fabric rather than demolition. - 3.10 Housing Policy 17 provides guidance on the provision of apartments: The conversion of buildings into flats will generally be permitted in residential areas provided that:

• (a) adequate space can be provided for clothes-drying, refuse storage, general amenity, and, if practical, car-parking;
• (b) the flats created will have a pleasant clear outlook, particularly from the principal rooms and
• (c) if possible, this involves the creation of parking on site or as part of an overall traffic management strategy for the area.

3.11 Community Policy 4 states that: 'Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted

• if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable.' The preceding text sets out 'The loss of facilities such as neighbourhood shops in towns and or village shops and public houses reduces customer choice and can also necessitate people travelling further to meet their needs. This is a particular problem in rural areas where village shops, post offices and public houses can be central to village life. It would be preferable to retain viable facilities, or those that can be made viable and where a change of use or re-development is proposed developers will be expected to show evidence of attempts to market the property as a business in these areas.'
• 3.12 Transport Policy 7 requires all new development to provide parking in accordance with the Department's Standards, set out in Appendix 7 of the Strategic Plan. These parking standards can be reduced or set aside in sustainable locations or in Conservation Areas, as appropriate.
• 3.13 Paragraph 9.5.8 states, "The use of existing private residential properties as tourist accommodation may be acceptable if it can be demonstrated that it will not compromise the amenities of any neighbouring residents." Business Policy 13 states: "Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents."
• 3.14 It is also relevant to have regard to Government's Retail Sector Strategy, developed by Department of Economic Development and published in 2013 although it acknowledges at paragraph 1.11 "While any future review of planning policy via the Strategic or Area Plans will have regard to the contents of this Retail Sector Strategy, it is noted that formulation of planning policy or land allocations must follow the procedures laid out in planning legislation. i.e. be based on a robust evidence base, be subject to formal public consultation and be capable of withstanding scrutiny and examination at a Planning Inquiry held by an independent Planning Inspector." The core aim of the strategy is "To promote competitive and accessible retail and leisure environments in our town centres, which offer choice and convenience for consumers, improve the economy and enhance resident's quality of life". It goes on, "Retailing is the central activity in the Isle of Man's town centres and a key component of the economy. The clear majority recommendation from the Retail Committee was for continuation of a town centre focussed approach. Future reviews of the Isle of Man Strategic Plan, Area Plans and other documentation should consider how to address this aspiration. Developing high quality town centre retail and leisure environments, making sure suitable sites and premises are available in them and that they are served by good transport and parking facilities will be the physical platform for a re-energised retail sector. While Douglas is the Island's main centre, Ramsey, Peel, Port Erin, Castletown, Onchan and other centres all play important and complementary roles which should be encouraged."
• 3.15 The Strategy recommends that, "The commitment of centre traders and businesses is essential to protect and enhance the quality of town centre environments. Their involvement in developing appropriate maintenance regimes (e.g. control of litter and paved areas) and measures to improve the quality of retail frontages will be encouraged" and "3.41 Unused sites and premises can affect the quality and appeal of town centre retail and leisure environments. Existing legislation and other measures should be strengthened to encourage owners or tenants to improve them through effective enforcement actions and timely processes."

PLANNING HISTORY

4.1 The most relevant previous planning application is 04/00876/C which proposed the same thing as this current application. The application was refused by the Planning Committee for reasons relating to the poor living environment, lack of privacy, insufficient storage space and the loss of a retail unit within a town centre. - 4.2 The inspector considering the appeal did not accept any of these arguments, considering that the lack of amenity and storage space and outlook was not untypical of older town centres

such as this and persons would be aware of the disadvantages before renting or purchasing. In respect of the loss of a town centre use, he notes that Bank Street has a variety of uses and some of the shops were not occupied then (early 2005) and that a more central shopping facility was currently being developed (The Courtyard, formerly Callow's Yard) and the change of use of the application property would consolidate the retail uses more centrally. The application was approved.

REPRESENTATIONS

5.1 Highway Services do not object, noting that there would be no changes to the existing site access arrangements as a result of the development. The parking standards in 'The Isle of Man Strategic Plan 2016' require 1 car parking space for a 1 bedroom dwelling. There is no existing site parking and no room to provide such, however the site is located in the town centre where public parking is available. The traffic and parking demand should be lower for the proposed dwelling compared to the previous use of the building as a retail unit, and therefore no new highway issues should arise (06.08.18). ASSESSMENT - 6.1 The proposal is essentially the same as one which was approved on appeal in 2005. Whilst some time ago, there have been no significant changes in circumstances - in fact there have been approvals for the loss of further ground floor retail units closer to the town centre than this (see 17/00330/B for 17 and 19, Malew Street). Whilst there have been new policies in the context of the Area Plan for the South, the Strategic Plan and the Retail Sector Strategy, these policies reiterate the policy stance at the time of the 2004 application, to protect the retail floorspace in town centres, something the Inspector commenting on that application, specifically addressed. As such, whilst this proposal is contrary to policies which support town centre retention of retail floorspace and seek to ensure that residential properties have sufficient amenity space and privacy, it is not considered in this case that the proposal is unacceptable. CONCLUSION - 7.1 The application 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:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 15.08.2018 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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