14 May 2019 · Delegated
35, Arbory Street, Castletown, Isle Of Man, IM9 1ll
This application sought permission to alter the rear of 35 Arbory Street, Castletown, including demolishing an existing store building and erecting a detached double garage in its place. The site sits within the Castletown Conservation Area, and the rear garden currently has a parking area flanked by stone walls. The application was refused by the Head of Development Management under delegated authority in May 2019. Four separate reasons were given for refusal, covering conservation area harm, parking provision, highway safety, and neighbour amenity. Officers found that removing the existing unobtrusive stone walling and replacing it with a rendered building of modern proportions would fail to preserve or enhance the conservation area. The garage design would also reduce usable parking spaces, limit visibility for drivers leaving the site, and a first-floor rear window would create overlooking opportunities that do not currently exist.
The application was refused on four grounds. The proposed double garage would harm the character and appearance of the Castletown Conservation Area by removing existing stone walling and replacing it with a rendered modern building. The scheme would also reduce the number of full-sized parking spaces on site, create highway safety concerns due to limited visibility from the garage, and introduce overlooking of neighbouring properties in Arbory Street through a first-floor rear window.
Refusal Reasons
General Policy 2
respects the site and surroundings in terms of the siting, layout, scale, form, design
General Policy 2
does not affect adversely the character of the surrounding landscape or townscape
Environment Policy 35
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area
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 against inappropriate development. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS
When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area
POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.
General Policy 2
Transport Policy 7
development is provided with the appropriate level of car parking
Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
General Policy 2
does not have an unacceptable effect on road safety or traffic flows
Transport Policy 6
afford the same weight to the safety of pedestrians as other road users
Transport Policy 6: In the design of new development and transport facilities the needs of pedestrians will be given similar weight to the needs of other road users. 11.5. Car Parking 11.5.1 The level of car parking provided in new development is critical to creating more sustainable development. Too little and the traffic generated can create problems on adjacent streets. Too much can increase congestion and delay public transport. The problem is most severe in existing settlements and at its worst in the Douglas area. 11.5.2 In respect of town centre office development, it has been the Department's usual practice to require the provision of one parking space per 50sq metres of nett office floor space, such parking spaces to be provided preferably on site but otherwise conveniently close to the site. The standard of 1 space per 50sq metres is based on: 1/3 staff walking or cycling: 1/3 travelling by public transport and 1/3 by private car. This provision is very often rather less than the demand created by the development. In the case of office developments outside of the town centre, the requirement is usually one parking space per 15sq metres of nett office floor space, a ratio which reflects more accurately the actual demand for parking space arising from the office use. The Douglas Local Plan did in fact invite consideration of other options whereby either the requirement should be increased such as to meet fully the demand for parking space, or the requirement should be reduced so that, with proper enforcement of on-street parking restrictions, fewer workers would come into town by car. 11.5.3 The long term target is to reduce the level of car parking required for town centre developments and seek to develop more sustainable staff and visitor transport plans including improved public transport, staff buses, shared and pooled cars, cycling and walking. Consideration should be given to the provision of cycle parking for staff and customers in non -residential development and to the provision of secure cycle stores in apartments. In the shorter term, the Department proposes the following general policy in respect of parking provision.
General Policy 2
does not affect adversely the amenity of local residents
