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Proposal: Callow's Yard Limited Alterations and change of use of existing residentiai/commercial premises to provide additional residential accommodation 6 -26 Arbory Street Callow's Yard Castletown Isle Of Man IM9 lU Site Address: Case Officer: Expected Decision Level: Planning Committee Miss S E Corlett
PRELIMINARY MATTERS The application was submitted on January, and and in the required manner. TTie authority of any pending the holding of a public meeting. This was held on 11th February, and following this, the applicant sought a further an attempt the proposals with the local authority and local businesses. Following a in communication, the applicant sought determination of application without any further delays.
1.1 site is part of the Callow's Yard site which sits between Arbory Street and Malew Street in the heart of Castletown. The application concerns numbers Arbory Street, even numbers only and a section of residential unit links 8, Arbory Street with Malew Street and the units in between. All of the commercial units which are the of this
are presently other than 20, 22 and 24, Arbory Street which accommodates The Curry Club restaurant and I love hot food take away. The site accommodates
units at the with living accommodation in various above. Within the space between the two there are residential units in the of terraced cottages - a row one of three and one of two which is attached to the function room and offices at the north of the site. There are units on of Arbory Street up to around number on the northern side and on the southern side although are a few retail units further out to the west.
1.2 The scheme makes provision for pedestrian access Malew Street to Arbory Street and back through walkways: on the Arbory Street side this is through a corridor between on
Malew Street side this is into the complex and retail units. PROPOSAL
is the conversion of some of the units along Arbory Street into a greater number of smaller apartments and the conversion of some of the retail units at ground floor to residential use the form of apartments. Numbers 16, 20, 22 and will have their ground
floor converted from retail/commercial to residential (apartments). Number 6 will become a
house - ie one unit over two floors. No will remain a but will have a take away facility, in compliance the granted PA 09/00610. Number 12 will part the cafe at number currently offering retail space. Number 14 is currently a stairwell and will a single apartment including the ground of number 16, number will remain retail. Number 20 will become an with the ground floor of number 22 which is currently retail. Number 24 is currentiy retail and will become an apartment with the ground floor of number 26 which is also currently retail. Essentially at ground floor level, the street will go from having solely commercial units and an access/stairwell to having 3 commercial units.
2.2 The sum total of the changes to the units result in what is 8 commercial with 9 apartments with 24 bedrooms 3 commercial units with 26 apartments with bedrooms. Of these are presently single bed units and this wouid rise to 19 in the - 2.3 The appearance of some of the units wiii change. At numbers 6 and the will be replaced by doors two sash style windows on each
At number 14 the current wide opening will be replaced by two tall sliding sash style windows. The large shop window at number 16 will be by a window, the two shop windows at number will be replaced by three windows, the shop front at number by two windows shopfront at number 24 by a door and window. The two shop windows and door combination at number 26 will change to two windows, retaining the portcullis feature above, The pedestrian link through number 14 will be to an apartment but access through to the central area will remain between numbers 18 and
2.4 Another application for 'Aiterations to provide ten apartments and domestic storage rooms' at in 9-11 & 17-19 Malew Street and the Fusion Bar is also pending consideration
3.1 The site lies within an area of Mixed Use on the Area Plan for the South of 2013 and within Conservation Area. Paragraph 6.1.2 describes "The majority of the retail provision
in the South is the existing settlements. Most of this is located in the Service Centres Castletown and Port Erin both of which some comparison and convenience retaiiing."
on at 6.6.1 "In order achieve and centres are viable
of vitality it is essential to encourage a mix of different uses to locate within the Mixed Use areas. will include of retail, office, industrial, facilities, leisure and tourism uses and residential as as dedicated public spaces will be a focus for
Uses which are not with residential will not be supported within the Mixed Uses areas. Generaiiy there will be a presumption in favour of changes of use between the range of approved uses. planning approvai may be
for some changes, this wouid normally be supported subject to the buildings being for the new use."
3.2 At paragraph 6.6.2 of the Plan. "Development within an area of Mixed Use (as the 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; financial and services; food and drink; research and
light industry; hotels and hospitals, nursing homes and residential community uses; ieisure; tourism and open space. For applications relating to sites
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 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 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 enhance the vitality of the Mixed Use areas in Port Erin, Castletown and Ballasalla, will be a presumption in favour of existing retail 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: 9.4.5 states "It is accepted that in some 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 the day, thus to ensure the and vitality of these areas." It should be 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 to meet the particular regard to the principles of sustainability whilst at the same time preserving, protecting, and
the quality of the environment, having particular 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 under-used land Policy 1); that new development be located
primarily within our existing towns and villages (Strategic 2); proposals protect or enhance the fabric and setting of Ancient Monuments and Conservation Areas
all new retail must be within town and village Policy 9); and favourable consideration will be given to proposals for improving the quality and condition the existing housing for the creation fiats by conversion of vacant and under-used space above commercial premises Policy 12).
3.7 Spatial Policy 2 identifies Castletown as a Service Centre that should provide regeneration and choice housing, employment and services. - 3.8 General Policy 2 provides assessment criteria that should be applied to any new development. Criterion (c) requires development to not affect adversely character of surrounding townscape; seeks to ensure development does not adversely the
of residents the of locality; (h) development should provide satisfactory amenity standards where safe and convenience access for highway users with adequate (k) that should not
use or development of land in Area Plan; and (m) requires the decision maker to take into account community and personal safety and security in the design of buildings and the spaces around them.
3.9 Environment Policy 24 (no 2) sets out that 'pollution sensitive development will only be allowed to be location close to sources of pollution where appropriate measure can be taken to safeguard amenity'. preamble to the policy setting out that in the case of new residential development, this would not be allowed where properties would suffer unacceptable loss of amenity due to exposure to pollution where this is from inter alia noise generation or odours.
Environment Policy seeks to ensure in Conservation Areas only development that would preserve or enhance character of appearance of area will be permitted.
3.11 Environment Policy 43 supports proposals which seek to regenerate run-down area. Such proposals will be set the conte>ct of regeneration in Area Plans. The will the of sound built fabric rather demolition.
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:
adequate can be for clothes-drying, refuse general amenity, and, if car-parking; 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,
3.13 Community Policy 4 that states; 'Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be if it can be demonstrated that the use is no longer commercially viable, or cannot be commercially viable,' The preceding text sets out 'The loss of facilities such as neighbourhood shops in towns and or shops and public houses reduces customer choice and can also necessitate people travelling 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 where a 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.' - 3.14 Transport Policy 7 requires all new development to provide parking in accordance with the Department's set out in Appendix 7 of the Plan. These parking standards can be reduced or set in locations or in Conservation Areas, as - 3.15 It is also relevant to have regard to Government's Retail Sector Strategy, developed by Department of Economic and in 2013 it acknowledges, "1.11
any future review planning policy via the Strategic or Area Plans will have regard to the of this Sector it is formulation of planning 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 a Planning Inquiry held an Planning Inspector."
core of the strategy is "To promote competitive and accessible retail and leisure
in our town centres, which offer and convenience for consumers, improve the economy and enhance resident's quality of life". goes on, "Retailing is the central in the Isle of Man's and a key component of economy. The clear majority recommendation from the Retail Committee was for continuation of a town centre focussed approach. Future of the of Man Plan, Area other documentation should consider how to address this aspiration. high quality town centre retail and environments, making sure suitable sites premises are available in them and that they are served by good transport and will be the physical platform for a re-energised retail Douglas is main centre, Ramsey, Peel, Erin, Castletown, Onchan and other centres all important and roles which should be encouraged."
They recommend that, "The commitment of centre traders and businesses is essential to protect the quality of town centre Their in appropriate maintenance regimes (e,g. control of litter and paved areas) and measures to improve the quality of 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."
4.1 The site as a whole has been the subject of many applications only some of which are relevant to the consideration this current application. The original concept for
of the area as it generally currently appears was shown in proposed the creation of 14 houses, 10 apartments, 3 9 retail units a
Arbory and Malew This was modified by further applications which proposed the rebuilding some of buildings in the scheme and the expanded further up and Street. to the of scheme, of use were proposed involved the introduction of commercial use of the upper floors of the units on Malew Street and after that the introduction a greater number of smaller units in terms of the residential accommodation - for example, a two bedroomed unit over two floors became two single bed one of each floor.
4.2 The take up and occupation of units within scheme has been poor and for some time at least some of the units have lain empty. As an attempt to try to find users and occupants for the the recently sought approval for the conversion of the existing
accommodation on the first floors above the Arbory Street commercial units, as single units and the conversion of the centrai units into twice as many apartments as existing units, the conversion of function into further resulting in 28 units with 57 bedrooms becoming 47 units with 48 bedrooms (PA This was refused for the reason that the creation of so many bed units would result in a concentration of such accommodation as would change the character of the town and would likely become a less attractive piace for residents and visitors, to the detriment of the town and the Conservation Area.
4.3 A recent application submitted for the change of use of these central units from residential to either residential or tourist use (PA 13/91537/B). This was permitted.
5.1 There are a significant number of locai representations from individuals and businesses which own or occupy Castletown properties and in a few cases, properties in Ballasalia. The objectors are listed below. are summarised as:
Regressive step contrary to regeneration aims. Physical changes to facades would lose ancient town's character.
already has a disproportionate amount of social housing. should be subject to an due to the importance of it.
Development has no car parking, but demand increase. Lack of proper refuse facilities Increase in congestion and illegal parking in Arbory Street
impact Already a surfeit of flats in Castletown Will doctors and police be able to cope?
Addresses, which include and commercial premises:
•
These submissions include a range of objections which are in heading to paragraph. Many refer to local expectations and experiences of in and visiting the town and what feel should be and what is in policies for the area. The fact that they have been summarised in a single list of addresses does not denigrate or undermine the importance and contents of each submission.
5.2 DSC indicate that as the proposal results in the creation of more than 8 new dwellings,
should be required to be provided in accordance with Housing Policy 5 of the Strategic Plan.
The Architectural Liaison Officer made comments on the previous application for conversion existing units to smaller single bed units where this resulted in a recommendation for Having seen the changes to earlier proposal, the ALO no
acknowledging that the higher number of single bed units is not ideal from a community safety view but that it is reduced from the previous scheme and central area is retained as residential or tourist use. They do put on notice any different view if further applications are submitted for increases in single bed units.
The Highway and Traffic Division of Department of Infrastructure indicate that they do not oppose the application. 10 2014 14/00007/B Page 6 of 11
The Regeneration Project Manager (CSO) within Government has been approached by the Planning for his views. He has that there is a balance to be between impact of vacant units and the potentially permanent loss of commercial uses in the town centre and subsequent erosion of the vitality and interest of the commercial area. On balance he would the retention of commercial uses at ground level but acknowledges the negative impact of a significant number of vacant units in the town centre.
5.6 Castletown Heritage objects to the application on the basis that it would contradict the objectives of the Isle of Man Retailing Study Report of May 2009, the Area Plan for the Soutii and the Strategic Plan. - 5.7 Castletown Chamber of Commerce object to the application on the basis of the comments raised by others above. - 5.8 Castletown Commissioners have engaged the services of Hargest Planning Ltd to provide an assessment of the of the which in to the application on the of it being to policy, would be detrimental to the
of the would in a detrimental impact on car parking within the town. They are also of the view that the number of single bed units is still unacceptable, albeit reduced from the previous amount also that the proposed units would not have adequate amenities available to them and would therefore be contrary to Housing Policy 17.
The Department of Economic Development, who developed the Isle of Man Sector
were for their views and the of Roger prepare a response. This indicates ttiat the Retail Strategy found that Malew and
provide 90% of Castletown's It refers to the Strategic Plan and APS policies aim to strengthen and protect the vitality and viability of the town centre. state the whilst providing use and occupation of presently units, will be unlikely to contribute to the goals of Castletown as a centre although they
that Mixed Use Proposal 1 allows some in dealing with ground
uses. They state that of use reduce footfall town which will not help maintain the viability of the town centre which is contrary to the objectives of the regeneration strategy and note that in Ramsey, following the physical of areas in the public
businesses moved to that town. If similar works were undertaken in and some has already been in this respect, there would not be as many opportunities for new commercial uses if the existing units were to change to residential. They
that in the Strategy local surveys were undertaken and over two thirds local residents undertaken their main grocery shopping outside Castletown, more than half do clothes and shoe shopping in Strand more than a third put down to a lack of
and the variety and of shopping elsewhere. They suggest that in the
of suitable floorspace opportunities, this likely to intensify. They estimate that Callow's Yard represents around 5,000 ft of retail floor space of a total of sq and the proposal would reduce this by around 3,750 sq ft - approximately 13%. This could equate to between £2.1m and £3.1m annual turnover for convenience goods and £1.4m annual turnover of comparison goods.
5.10 They state that statistically, single person residential units result in the highest average weekly per capita expenditure any household group. This will clearly have significant advantages in local economy. However, they acknowledge that this must be balanced the implications for the loss of retail floor space set out above.
Mr Ronan MHK - objects as the MHK for Castletown, Chairman of the Regeneration Committee , Member of Castletown of Trade DED political member. The proposals are contrary to the basis for the approval of the original planning application, it will
weaken the town centre and undermine the role and importance of the Area for setting out the detailed of for the South. Retail is important to retain life and health and vitality of a town centre, it will increase parking demand,
6.1 The issues to be considered in this application relate to the reasons for refusal given in the case of the recent application (PA whether the proposal would have an adverse impact commercial vitality, and viability of the town centre; car parking in the town and the character of the Area in terms of the changes to the
It is consider the amenities of those in the proposed apartments. Increase in the number of single bed apartments
6.2 Setting aside for the moment the implications of the use of ground floor units for accommodation, it was previously a concern that PA would have resulted
in so great a concentration of single bedroomed units within the centre that this would have had a deleterious impact on the Conservation Area and the community such that this
refused. As is the Liaison Officer, current scheme has tried to address this by reducing the number of single bed units - from 46 to 19 which is It is also that the central units are no longer be single bed units (they will remain two storey residential or units)
spread and span of single bed units less concentrated. It is also useful that of Economic Development's representatives have advised that single person units are the highest per capita of all sizes, which will have a on local is also that vacant or underused units in
town centre, whether at floor or above is not positive in attracting and presenting an interesting and healthy town centre to those who visit it.
6.3 The views of the ALO are pertinent in that it is no longer believed that the mix is such that it would be detrimental and as such a reason for refusal on the premise of an unacceptable social mix might be to sustain. That is not to say that a development, in this of the nature and size of units acceptable, or be taken up. Many residents point out that there are already a number of vacant flats in Castletown and question whether additional units are appropriate.
Car parking
The previous application was not refused for reasons relating to car parking and the Highways Division objected to it. Therefore it would not be reasonable for this application proposes a reduced number of apartments, to be refused for this reason. The
regarding car is however acknowledged. There is clearly a limited of parking in Castletown and and nature of the demand would from that at present. Residential use provides for a requirement at a different time of day to
and retail, the choice of to have or use a car also differs. Lastly the level of vacancy obviously impacts on demand. Impact from the loss of commercial units
6.5 It is interesting and helpful that two professional retail consultants have been involved in the responses to this and both have had regard to both planning the retail sector strategy. a balance has to be struck between trying to vacant units which
attractive to the nor in presenting a healthy town centre in which people are invited to shop and invest, there is little in the way of evidence which supports a justification for approval of this on the basis there are no other achieving occupation of the units. Whilst a cursory study of the comparative rental values
units with those outside of Callow's Yard would suggest that it is not the of renting the units which is preventing occupation, and indeed it is only the Callow's units which are presently vacant or sale/rent, there is no information from demonstrate how long the units been what efforts have been employed to try to
overcome the existing situation. It is also relevant that there are other commercial units which are vacant or for sale and as such, if approval were granted to this scheme, there could be a further spread of conversions of ground floor premises from commercial to residential use outside of the Callow's Yard site.
6.6 It is very important, as highlighted by the Retail Sector Strategy that town centres must remain capable of offering a range of services and in order both serve their local communities but also to be able to compete other retail as as more modern methods of shopping, such as the internet. This will not happen if the number and range of shops and services reduced. The fact the conversion to residential changes to the buildings also suggests that future back to retail would be less likely than if the proposals simply a change of use such physical changes. - 6.7 It is also important to consider the impression of the commercial centre of the town in terms of when the visitor feels they have left the commercial area and when they are venturing into less and more residential areas. In the case of Arbory Street, one has the impression when reaching number 24 and Arbory Street that the commercial units have ceased and the area becomes more residential in character. shopper may turn around at
point towards Parade. The effect of be short this extent of shopping opportunities on the right hand side as one heads out of the town centre, reducing the scale of the retail but adversely the
of those on the other of Street, namely number 19 - 23.
6.8 For the above reasons, it is considered that the conversion of the units at ground floor level from commercial to residential use would result in a significant and negative impact on the
vitality and viability of the town centre, to detriment of the town a whole
its as a retail centre within the south. It is also likely to have a direct and negative impact on those properties to the south west in reducing the footfall and potential customer numbers to these premises.
6.9 Another impact of changing the balance of retail/commercial to residential in a town centre relates to how future would be determined. An for a hot shop, cafe, bar or restaurant would be acceptable in a town centre location but may be unacceptable in a residential area. Should the balance of predominant uses towards being residential, there is the chance that future proposals to allow for retail or commercial uses may need to refused due to impact on amenity. Impact of the changes to the buildings at ground floor level
The changes to the buildings are not considered unacceptable in their own right in terms of the fact vertically proportioned windows will be used in sympathy with features on the
and around. However, will be an automatic in the character of these a change from obviously commercial uses shoppers are invited to enter and browse in the windows private closer inspection would be welcome. is likely to have a negative impact on the streetscene in terms character which would become an mix of
residential and commercial which would also be to the character and appearance of the streetscene. Creating a successful sense of place involves the presentation of buildings whose is clear from its that users will know how to find what they are looking for. The appearance of residential properties within an otherwise commercial streetscene will create a confused and mixed character which is not considered appropriate for a town centre.
Amenities of future residents 6.11 The views of DEFA Environmental Health Division were sought in respect of
of the units with Housing (Registration) Regulations 2013 and the likelihood of the residential units to either be adversely affected by or could adversely affect
the operation of other commercial premises including those which may involve unsociable operating hours, flues and extraction systems. The response was that on the basis of the information there was no perceived reason for the application on these bases. However, it is the case that the ground floor residential properties will have no private
and in most cases windows are adjacent to thoroughfares in little and potential problems of noise and disturbance in the later hours. As such, it is likely
of the ground floor premises will have inadequate private space and
likely to be adversely affected by the operation of the town centre as such and could potentially adversely affect the otherwise legitimate operation of other town centre businesses. Whilst it is fully accepted the first and second floor units are also in some respect susceptible to such impacts, there is greater separation between the potential source of nuisance and those to be affected.
Summary
6.12 Whilst there is considerable sympathy with any other business proprietor who cannot find investors in their property, it is considered that impact on and viabiiity of the town centre positive of pursuing occupants these units. In addition, the physical changes to the buildings will have a harmful impact on the character and
of Area streetscene and the new units are not likely to have levels of privacy and amenities, As such the is recommended for refusal.
The authority, Castletown Commissioners are, by virtue of the Town and Country Pianning (Development Procedure) (No 2) Order 2013, paragraph 6 (e), considered "interested persons" and as such be afforded party
is granted interested under the Town and Country (Development (4) d.
7.3 Department of Social Care, Police Architectural Liason Officer of the lOM Constabulary, of and Agriculture, Regeneration Project Officer
Department of Economic are statutory authorities which raises material planning considerations as such afforded status under Article 6(4)(c) of the and Country Planning Procedure) (No Order 2013.
7.4 Whilst the local and tenants of who have written in are not ail immediately to site, the the are reaching as such, it is recommended that all those who occupy premises, whether commercial or
in Castletown should be afforded party in case.
Similarly, whilst Castletown Heritage and Castletown Chamber of Commerce are not generally directly by proposals and do not generally have interested party status afforded to them, in this case the proposal will have impacts on the areas for which they have responsibility as such it is recommended that these parties shouid be afforded interested party status in case.
7.5 The resident of 3, Terrace is not sufficiently affected by the development to warrant being afforded interested party status in this case, although their interest in the application is very weicome.
Recommendation
Recommended Decision: Refused
Date of Recommendation:
01,03.2014
2014 10 of
Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval : Notes attached conditions : for O : Notes attached to refusals
and of the Area and the and would create a confused mix of commercial units which invite the custom and interest of those passing by and private properties where such interest is neither appropriate welcome. a is
to deter potential from west along Arbory Street past the first
properties, to the detriment of the town centre and particularly any commercial units further west on this street, As such the development is contrary to Environment Policy 35.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure)
Signed .......... Presenting Officer
required. Signing officer to delete as appropriate
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