20 August 2014 · Committee
12, Malew Street, Castletown, Isle Of Man, IM9 1ab
This application sought permission to alter and extend a three-storey mid-terraced retail property at 12 Malew Street, Castletown, and to change its use from retail to a dental surgery. The ground floor was vacant at the time of the application, with retail as its last use. The committee refused the application on 20 August 2014. The key planning concern was that the proposed flat roof rear extension would be an unattractive and incongruous addition that would harm the character of the Conservation Area and affect views from the Castle. The case officer had recommended approval, noting that the extension would not be visible from Malew Street or Castle Street. However, the committee did not accept this assessment and refused the application on design and heritage grounds.
The committee refused the application despite the case officer recommending approval. The stated reason for refusal was that the flat roof design of the proposed rear extension would create an unattractive and incongruous addition harmful to the Conservation Area and to views from the Castle.
Refusal Reasons
Mixed Use Proposal 1
Area Plan for the South 2013
General Policy 2
Isle of Man Strategic Plan
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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Environment Policy 35
Isle of Man Strategic Plan
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.
Business Policy 9
Isle of Man Strategic Plan
Business Policy 9: The Department will support new retail provision in existing retail areas at a scale appropriate to the existing area and which will not have an adverse effect on adjacent retail areas. Major retail development proposals will require to be supported by a Retail Impact Assessment(1). (1) Retail Impact Assessment is defined in Appendix1.
Business Policy 10
Isle of Man Strategic Plan
Business Policy 10: Retail development will be permitted only in established town and village centres, with the exceptions of neighbourhood shops in large residential areas and those instances identified in Business Policy 5. 9.4.4 For the purposes of Business Policy 9 major retail development will be classed as any new or increase in existing retail development of more than 500 sq. metres of floor space measured externally. For the purposes of Business Policy 10 new nei ghbourhood shops within new residential developments will not normally comprise more than 100sq metres of floor space measured externally. 9.4.5 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. 9.5 Tourism 9.5.1 "Tourism" has been defined by the Tourism Society as "the temporary short term movement of people to destinations outside the places where they normally live and work and their activities during their stay at these destinations", and it covers a very wide range of activities and types of development. This may include travel and visits for business, professional, and domestic purposes as well as for holidays and recreation. 9.5.2 Tourism has historically been an important element in the Island's economy, and after a period of steady decline visitor numbers to the Island are once again starting to increase. A reliance on the traditional high volume, low yield holidays of the nineteenth and early twentieth centuries is long gone, with a swing towards high yield, lower volume tourism such as business trips, short breaks and special interest attractions. 9.5.3 It is considered that the Island's primary assets to tourists and visitors alike are its unique historical landscape, culture and heritage, as well as a wide rang e of specialist events and attractions. Many activities and facilities providing for the Island's tourists require no permanent development: the TT Races, for example which attract by far the most significant number of tourists to the Island of any event h eld here, require little but the Grandstand on Glencrutchery Road and a small number of modest marshals' shelters around the Course. Tourism can, however require the erection of built structures - holiday accommodation being the most frequently requested f orm of new development required in association with the tourism industry. It is important that a balance be struck between the needs of tourism and the protection of these assets, and that tourism development should be sustainable in accordance with the ob jectives of this plan. There is no special reason why less demanding policies should be applied to tourism development than for other types of development in the countryside, and larger scale schemes may have to be the subject of an environmental impact assessment before planning permission is granted, as with any other form of large scale development. 9.5.4 The Department of Tourism and Leisure is responsible for the development of the tourism strategy for the Island. The current version of the Tourism Strateg y - "Fit for the Future" was approved by Tynwald in April 2004. One of the key issues identified in that strategy is the need to broaden the range of tourist accommodation: "Long term development is also being hindered by the lack of bed spaces in genera l and of the quality now being required to service our customer's base in particular. It is a necessary requirement that existing bed stock continues to upgrade and the Department will ensure appropriate support is put in place to enable existing business to develop. In addition the Department also needs to provide support for the building of new bed stock on an Island wide basis. There also needs to be recognition that the local property market can have a major impact on future tourism development. If there is a continued loss of traditional resort accommodation taking advantage of the high cost of residential property then there will be a heavy reliance on new build hotels if serviced stock levels are to be retained or increased" (1) 9.5.5 In recognition of this the Department proposes that new forms of contemporary tourism development will be welcomed, particularly those that satisfy customer demand for high quality accommodation in rural areas provided that they comply with the policies in the plan. Farmhouse accommodation or quality self catering units in barn conversions and making use of rural activities will be encouraged but must comply with General Policy 3 and Business Policy 9. Other forms of quality accommodation in rural areas wi ll be considered, including the provision of hostels and similar accommodation suitable for walkers but must comply with General Policy 3 and Business Policy 11. 9.5.6 Area Plans may address a number of tourism issues, including current and future visitor trends and how they might impact upon the existing and future environment (for example through demand for certain types of accommodation, traffic generation, and parking requirements), an identification of areas where changing tourism trends are likely to result in demand to re -use or redevelop tourism buildings, and how key tourism assets such as natural landscapes cultural heritage and historic town centres can be protected. The role of an Area Plan should not be to provide a strategy for tourism but rat her to facilitate possible development by way of appropriate policies and guidance. 9.5.7 Although previous Local Plans have applied a "Tourism" designation to areas with a large number of hotels, such a designation is becoming less appropriate in many towns and villages as the reduced demand for larger Victorian hotels results in conversion to private residential use. It is now more likely that a Tourism designation be given to specific tourist attractions and existing large individual hotel sites, with new t ourist accommodation incorporated into areas of mixed or residential use. Wider areas which still include a large tourism element, such as Douglas Promenade, may be designated for "Residential/ Tourism" use (other potential uses may be identified and incl uded in a mixed designation if appropriate). 9.5.8 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. In Chapte r 7, there are described the circumstances in which redundant buildings in the countryside can be converted into dwellings. These policies apply equally to tourist use, except that it may very often be possible to convert to tourist use buildings which ar e too small to form a satisfactory permanent dwelling. The following policies and proposal are thus appropriate:
