change of use from a shop to a cafe
6 January 2020 · Delegated
12, Market Street, Peel, Isle Of Man, IM5 1ad
Permission was granted to convert a three-storey building at 12 Market Street, Peel into three self-contained apartments. The proposal was a revised version of an earlier approval from 2016 for the same conversion. The building sits on the eastern side of Market Street and has a commercial shop front at ground level with vertically proportioned windows above. At the time of the application it was in very poor repair, with all window openings boarded up and the interior gutted. The application was decided by delegated authority on 6 January 2020, with one condition attached to the approval.
The Department of Environment, Food and Agriculture approved the application on 6 January 2020. The proposal was a revision to an earlier approval for the same site, and the officer also recommended approval. One condition was attached to the permission.
THE REFURBISHMENT AND AMALGAMATION OF PROPERTIES WITHIN THE TOWN WILL BE ENCOURAGED
work for what can be delivered over the lifetime of the Plan. The Housing Policies and supporting text in the Strategic Plan are clear about the approach needed in housing provision. Paragraph 5.27 states that: "Each new Area Plan prepared will continue to undertake urban capacity assessments as part of a sequential approach to the provision of new housing. This approach will seek to develop within existing settlements, or on previously developed land or by the re development, regeneration and conversion of existing housing. Only then will greenfield sites be brought forward, as extensions to existing settlements." Area Plan Objectives i. To reflect the housing need figures set out in the Isle of Man Strategic Plan, 2016. ii. To understand the urban capacity of existing settlements before promoting any greenfield land. iii. To set out clear proposals for residential development in the East, including specific 'General Allocation' Sites30 and 'Strategic Reserve' Sites31 and include, where appropriate, suitable development briefs. iv. To focus on implementing Strategic Policies 1, 2, 3, 4, 5, 10, 11 and 12 and Housing Policies 1-18 where it is appropriate to address these first in the Area Plan rather than simply the planning application process. v. To allocate residential sites as both general allocations and strategic reserves to ensure sufficient housing opportunities during the plan period and for the lifetime of the Plan. vi. To allow housing in the countryside only in exceptional circumstances. vii. To provide for affordable housing through general support for Housing Policy 5 set out in the Strategic Plan. Desired Area Plan Outcomes i. A pattern of new development which focuses on Douglas and Onchan. ii. Active regeneration of urban sites and previously developed land. iii. Sustainable urban extensions at the edge of the settlements of Douglas and Onchan with some areas formally held back from immediate development. iv. Phased site release through the use of Masterplans for the larger sites. v. Protection of land to ensure grey, green and social infrastructure needs can be accommodated. vi. Retention of the character of the smaller settlements in the East. Housing Need in the East One of the roles of the Area Plan is to provide and manage the supply of new housing through the allocation of suitable sites for residential development. Early evidence gathering and the continual refreshment of this evidence up to Inquiry established: i. The number of new housing units needed during the plan period and lifetime of the Plan. ii. The existing housing supply i.e. what has been built in the plan period? What has planning approval? What can be expected via conversions and windfalls? iii. A long list of potential new housing sites allowing for methodical site assessment32 including an understanding of site constraints and overall developability (see Para 12.7). iv. The implications of the spatial strategy in the East and what this means in terms of housing numbers and spread of sites. v. The opportunities in the countryside in terms of the potential to add to any groups of houses and sustainability issues of such. 30 General Allocation - for release at the time of plan approval 31 Strategic Reserve - for future release via formal release process 32 Each site was assessed using the 'Site Assessment Framework' which produced a standardised report, map and aerial photograph. vi. The need to make specific provisions such as affordable housing and older persons' housing. Given the fact that the development of new housing can make one of the greatest, if not the greatest, impact on an area in terms of physical change, it is vital that any proposed housing sites and policy statements made in support of them are underpinned by so und evidence. The preferred sites for housing - the Residential Proposal Sites (also known as General Allocations to differentiate them from Strategic Reserves) - identified in this Chapter have been chosen after comprehensive site assessment through a published site identification and assessment process , after public consultation and after thorough examination at Public Inquiry. Th e process took into account deve lopment opportunities and constraints , the outcome of the development growth scenario work and the Report of the Public Inquiry. Housing Need in the East 2011 to 2026 This Plan provides opportunities for 2,440 dwellings to be built between 2011 and 2026. Evidence was produced and analysed throughout the development of the plan and this is summarised below, starting with the Land Supply Report. The final shaping of the plan and thus the final proposals on housing need and spec ific site release came after the Inquiry Report and Modifications Stage. The Scenario Testing Report33 (which included land supply data) sought to calculate: • the number of dwellings (including conversions) which have already been built since the start of the pl
A POLICY OF REFURBISHMENT AND AMALGAMATION OF EXISTING PROPERTIES IN THE CONSERVATION AREA WILL APPLY IN ORDER TO ENSURE THE RETENTION OF HISTORIC AREAS BY THE ALTERNATIVE USE OF BUILDINGS IN THESE AREAS
on must be accompanied by suitable supporting environmental information. Site Number Site Name/Description Site Size See Maps Land Use Allocation DH008s Land adjacent to Ellenbrook, Douglas 5.41 ha 3, 4 Strategic Reserve - Predominantly Residential Inquiry Report comment (paragraph 466) "Development of this site would undoubtedly result in a loss of countryside, and have a visual impact which some local residents may find regrettable. However, in my view, it would have considerable advantages in terms of sustainability. I recommend that Site DH008 should be shown in the Area Plan as strategic reserve land for possible future residential development." Development Brief 1. The site shall be used for predominantly residential uses. 2. There are no other specific development brief requirements associated with this site as adequate guidance is set out by the Isle of Man Strategic Plan Policies and the Proposals set out in this Plan. Land north of Ballachrink, Onchan Site Number Site Name/Description Site Size See Maps Land Use Allocation OH011s Land at Ballachrink, Onchan 9.9 ha 3, 4 and 6 Strategic Reserve - Predominantly Residential Inquiry Report comment (paragraph 330) "I do not consider that this extension to the urban area of Onchan would be immediately necessary. However, in my view, Site OH011 could contribute to the provision of additional housing, if required in future, subject to there being an adequate supply of primary school places; subject to the introduction of measures to mitigate peak hour traffic congestion; and subject to the resolution of local drainage problems." Development Brief 1. The Site Assessment Framework Report identified potential for landscape and environment impact which would require mitigation. Given this Report and the scale of potential development on this site, an Environmental Impact Assessment will be required as part of any detailed application. 2. Given the sloping topography of the site, any proposals must demonstrate that this has been taken into account and any detailed applications must include section drawings across the site. 3. Landscaping plans must accompany any detailed planning application . These will form an important part of the approach to softening the visual impact of any development as seen from the Creg Ny Baa and Ballacottier Road. Plans must demonstrate clearly how siting and layout has taken into account the existing development to the south of the site so as not to have an unacceptable impact on residential amenity. Landscaping and sensitive siting will be particularly important along this boundary. 4. Access into and through the site to the must be fully explored ahead of any planning application. This includes pedestrian/cycling/bus links and advice should be taken from the Highways Division of DOI on these matters. Surface Water 5. The developer's proposals for disposal of surface water from any development on this site would be reviewed in detail to ensure it complies with Manx Utilities requirements. Surface water will be required to be attenuated onsite with discharge flows restricted to not more than greenfield runoff before discharging into a suitable watercourse. Land at Camlork (Field 521518) Site Number Site Name/Description Site Size See Maps Land Allocation BH031s (Field 521518 only) Camlork, Braddan 5.73 ha 3, 4 and 8 Strategic Reserve - Predominantly Residential Inquiry Report comment (paragraph 283 and 288) 283 "In my view, a smaller residential development on the westernmost of the four fields at Camlork, would be reasonably well contained between the built -up area of Union Mills to the south and the existing ribbon of development along Trollaby Lane to the west, and would have a limited visual impact." 288 "… I consider that the westernmost of the four fields at Camlork should be shown as a Strategic Reserve Site with a capacity for about 50 dwellings. This would allow for a 6. It is known that the existing properties on the adjacent Ballachrink residential development currently drain to soakaways. Manx Utilities does not consider that the use of soakaways on any new development (OH011) to be suitable and as such all flows must be attenuated and discharged to a watercourse as stated above. 7. The use of Sustainable Urban Drainage Systems (SuDS) is a work stream that is being considered by the Government's Environmental Climate Change group. The outcome of this study may require the use of SUDS to be applied on all development sites. Foul Sewage 8. Context - Unless specifically designed, it is uncommon for the existing foul and surface water sewers around the peripher y of drainage catchments to have been sized to receive flows from additional developments. Historically, developments have been connected to existing foul sewerage system without fully considering / understanding the impact on the downstream system network; this has occasionally resulted in surcharging of sections of the combined s
CA/6 Demolition in Conservation Areas
Planning Policy Statement 1/01
POLICY CA/6 DEMOLITION Any building which is located within a conservation area and which is not an exception as provided above, may not be demolished without the consent of the Department. In practice, a planning application for consent to demolish must be lodged with the Department. When considering an application for demolition of a building in a conservation area, the general presumption will be in favour of retaining buildings which make a positive contribution to the character or appearance of the conservation area. Similar criteria will be applied as those outlined in RB/6 above, when assessing the application to demolish the building, but in less clear cut cases, for example, where a building could be said to detract from the special character of the area, it will be essential for the Department to be able to consider the merits of any proposed new development when determining whether consent should be given for the demolition of an unregistered building in a conservation area. Account will be taken of the part played in the architectural or historic interest of the area by the building for which demolition is proposed, and in particular of the wider effects of demolition on the building's surroundings and on the conservation area as a whole. ADVERTISEMENT CONTROL All external advertisements affect not only the appearance of the building upon which they are displayed, but also the neighbourhood where the building is located. This will apply particularly to illuminated signage which is often formed from shiny, nontraditional materials and can result in an unsuitable and harsh appearance which detracts from the character of the building and a conservation area as a whole. The aesthetic quality of a building can be markedly affected by the installation of inappropriate external signage. Where matters such as Corporate Image are a consideration; for a conservation area the Department may require a deviation from what might be acceptable in other high street locations and many large corporate bodies do have alternative designs of signage which might be suitable for use in conservation areas. In many cases it will be necessary for signage to adopt traditional design and materials, in keeping with the character of the building and neighbourhood as a whole. Externally illuminated signage with the appropriate detailing and colour rendered lamps, may be judged suitable. ABSENCE OF PERMITTED DEVELOPMENT Permitted Development Orders which apply elsewhere and enable minor development to be carried out in particular circumstances, may apply in designated Conservation Areas, but to a more limited extent. Most proposed development and any proposed demolition will require to have first been granted planning approval before any works may be progressed. If in any doubt, property owners are advised to consult the Department direct, rather than to rely upon the advice of a third party. FINANCIAL ASSISTANCE Work which might be considered as preserving the architectural or historic interest of an individual building, or which might be judged as enhancing the special character of a Conservation Area, historic townscape or the Island's rural landscape, may qualify for financial assistance under one of the schemes which the Department operates. Each case will be judged upon its own particular merits. DEMOLITION Under Section 19 of the Act, conservation area designation introduces control over the demolition of most buildings within conservation areas. Those buildings which are exempted from such control are listed in the said Section 19, but may be summarised as follows:- (a) registered buildings; (b) a building for the time being the subj ect of a preservation order under section 11 of the Manx Museum and National Trust Act 1959, (c) a building for the time being included in the list of monuments prepared under section 13 of that Act; or (d) any buildings, a description of which is specified in a direction issued by the Department under Section 19 subsection (2) of the Town and Country Planning Act 1999, which are by virtue of such direction, are excluded for the time being from an order designating a conservation area. IMPACT ON THE HISTORIC ENVIRONMENT OF TRANSPORT AND TRAFFIC MANAGEMENT IMPACT OF PROPOSALS TO BE MINIMISED Major new transport infrastructure development can have an especially wide-ranging impact on the historic environment, not just visually and physically, but indirectly, for example by altering patterns of movement or commerce and generating new development pressures or opportunities in historic areas. There is already in place an informal framework which allows for early dialogue between the Department of Transport, the Local Authority and the Department and it is essential that such consultation should continue to take place where any changes in such infrastructure are propose
Housing Policy 17
on in the East ................................................................................. 13 Landscape Character and Appearance............................................................... 17 The Natural Environment ................................................................................. 34 The Urban Environment ................................................................................... 48 Transport and Utilities ..................................................................................... 57 Employment ................................................................................................... 71 Town Centres ................................................................................................. 81 Tourism ......................................................................................................... 90 Open Space and Recreation, Education, Health and other Community Facilities .... 95 Residential ................................................................................................... 101 Comprehensive Treatment Areas .................................................................... 127 Appendices Appendix 1 Additional background information on Employment Land 134 Appendix 2 Recommendations set out in the Retail Study 2009 138 Appendix 3 Extracts from the Draft Area Plan for the East 'Household Size and Population Projections Paper DP EP5 (June 2019) An 'Area' approach to Plan making What is an Area Plan? The Cabinet Office has a responsibility, afforded to it by Section 2 of the Town and Country Planning Act 1999, to prepare the Island Development Plan (IDP). The purpose of the IDP is to set out the general 'Policies' in respect of the development and other use of land on the Isle of Man , and also to identify the 'Proposals' which relate to specific places or issues , depending on the particular plan area. The two types of plan prepared and which make up the 'Island Development Plan' are: • a strategic plan, and • one or more area plans. The Isle of Man Strategic Plan 2016 (the Strategic Plan ) was approved by Tynwald on 15th March 2016, coming into operation on 1st April 2016. In hierarchical terms, the strategic plan sits above the area plans in the sense that the proposal in an area plan shall be in general conformity with the strategic plan. The implementation of Policy set out in the Isle of Man Strategic Plan This Area Plan for the East elaborates on the broad policies set out in the Isle of Man Strategic Plan relating them to precise areas of land. The Plan's final form has been shaped by the Report of the Public Inquiry published on 6th December 2019 and the representations received on the proposed Modifications published on 14th February 2020. The Area Plan for the East is made up of a Written Statement (this document) and a series of Maps. The Written Statement contains 'Proposals' which are either site s pecific, relatable to a specific issue in the East or on occasion in the form of a policy statement for a specific area. A number of 'Recommendations' are also included. These are statements of intent where the Cabinet Office has no direct control over i mplementation. They are intended to act as encouragement to other Departments or bodies to work together with the support of Cabinet Office to take action on or to deliver on particular matters or policy statements. How many Area Plans will there be? It is the intention to produce a limited number of Area Plans. There is already an Area Plan for the South which covers Castletown, Port Erin, Port St Mary, Rushen, Arbory, and Malew. The Area Plan for the East will be followed by an Area Plan for the North and West. Current legislation allows an area plan to relate to the whole of the Island or to such part as may be specified therein. It is the aim to produce, in time, a single 'All-Island Area Plan' alongside one Strategic Plan. These Plans would be capable of being reviewed or updated in tandem. The geographical coverage of the area plans thought most likely at the time of the Isle of Man Strategic Plan 2007 1 was identified in the Island Spatial Strategy (Chapter 5) of th at document which was subsequently carried forward to the Isle of Man Strategic Plan 2016. The extent of the Plan boundaries set out in the first iteration of the Strategic Plan, is set out below: Area Plan Coverage Area Plan Local Authority Area Douglas and the East Borough of Douglas, the district of Onchan and the Parishes of Braddan, Garff (Laxey and Lonan Wards only), Marown and Santon The South Parishes of Rushen, Arbory and Malew, Villages of Port Erin and Port St Mary and the town of Castletown Peel and the West Peel, and the Parishes of Patrick, German, and Michael Ramsey and the North Ramsey and the Parishes of Andreas, Ballaugh, Bride, Jurby, Lezayre, and the Maughold Ward of Garff The Area Plan for the East's geographical context 1.4.1. The Area Plan boundary is shown o
Condition 1
1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
conversion to three apartments
change of use from a shop to a cafe