Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 21/00471/B Applicant: Department Of Infrastructure Proposal: Refurbishment works to both streets involving concrete paving and aggregates, creation of a disabled user parking space and installation of lighting columns and soft landscaping Site Address: Malew And Arbory Streets Castletown Isle Of Man Planning Officer: Paul Visigah Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 23.10.2024 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

• C 2. No development shall commence until sample details of all types of paving to be installed

• as part of the approved development have been submitted to and approved in writing by the Department. The development shall not be carried out unless in accordance with the approved details and be retained thereafter. Reason: In the interests of preserving the character and appearance of the Conservation Area.

This application has been recommended for approval for the following reason.

Overall, it is concluded that the proposed development would preserve the character and appearance of the Castletown Conservation Area, and would not result in unsafe use of the highway infrastructure for all highway users, and would benefit the use and enjoyment of neighbouring properties. The proposal is, therefore, considered to comply with Environment Policies 35, General Policy 2, Strategic Policy 4, Transport Policies 5 and 6 of the Strategic Plan 2016, and Planning Policy Statement 1/01.

Plans/Drawings/Information; This planning permission relates to the following plans and documents:

• o Statement of Case (Amended March 2023)
• o Dwg 10036409-ARC-CT-XX-DR-LA-0011 Rev P05 - Layout and Typical Sections
• o Dwg LA0010 P04 - General Arrangement

• o Dwg LA-0011 P04 - Layout and Typical Sections
• o Dwg OP000150493-LD13712_01C - Horizontal Illuminance (LUX)
• o Dwg. PS190604 Rev C - Street Lighting Plan
• o Dwg 03-83-096 Rev B - Stylage Street Lighting Column Detail
• o Dwg P001 Existing Layout Plan
• o LED Lighting Specification
• o Street Lighting Specification _____________________________________________________________________________

Interested Person Status

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

• o 42 The Crofts, Castletown
• o 20 Scarlett Road, Castletown
• o 20 Kissack Road, Castletown

As they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

• o 79 Parliament Street, Ramsey, on Behalf The Courtyard (former Callows Yard), Castletown
• o Somersby Ltd, owner of the Shoprite premises at Centre House, Arbory Street, Castletown
• o The Coach House, Arbory Street, Castletown As they have not explained how the development would impact the lawful use of land owned
• or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THERE ARE MORE THAN 4 OBJECTIONS FROM MEMBERS OF THE PUBLIC, BUT THE APPLICATION IS RECOMMENDED FOR APPROVAL

1.0 THE SITE - 1.1 The site is the highway and land either side and to the north of Market Square comprising sections of Arbory Street and Malew Street, Castletown. The red line boundary for these almost isolated sites are set further into these streets such that they do not actually intersect at Market Square. These sites does not include any buildings, but just the carriageway and footways.

1.2 To the east of the sites is Market Square to the south, which these streets feed into, while Castle Rushen sits to the east. Both sites sit within the Castletown Conservation Area boundary.

2.0 THE PROPOSAL - 2.1 The proposal seeks planning approval for Refurbishment works to both streets involving concrete paving and aggregates, creation of a disabled user parking space and installation of lighting columns and soft landscaping. - 2.2 The proposed works would involve the following:

• a. Removal of the existing brown concrete block paviours.
• b. Resurfacing of the streets, with a mixture of high quality paving and resin bound materials.
• c. Renewal of the street lighting in conjunction with Castletown Commissioners.
• d. Renewal of services as required.

2.3 The altered sections of the carriageway would be made to tie into existing carriageway. No trees would be affected by the proposed works and there would be no changes to site levels. - 2.4 The applicant have stated the following in the Planning Statement (Amended Statement of Case), that:

• o Malew and Arbory Streets are the main shopping streets in Castletown. It is felt that by carrying out refurbishment of the surfaces of these streets, specifically in the shopping areas, will improve the whole area and lead to an increase in footfall and an increase in business.
• o Regeneration works carried out in other towns and villages around the Island has seen an increase in footfall and an improvement in business in those areas.
• o The scope of this scheme is from Market Square, which in recent years has had major regeneration works carried out on, through to the end of the shopping areas. The works will complement the work already carried out in Market Square and around the town hall through the introduction of materials that are similar in colour and texture.

• 2.4.1 The Planning Statement provides the following justification for the scheme:

• It is widely accepted that Malew and Arbory Streets have reached the end of their useful life both operationally and aesthetically. They are looking aged, and although not dangerous, they require regular maintenance and appear worn out. o The 2019 Pedestrian Environment Review System (PERS) audit of Castletown noted the high quality of the square itself, but the poor quality of some of the links into the square; of which Malew Street was identified in particular.

• 2.4.2 Objective The overriding objective of the scheme is to enhance the character and appearance of the town centre by strengthening the links to Market Square. This will improve the quality of the environment for people living there and also encourage and entice visitors to explore this part of Castletown by encouraging pedestrians into the area.
• 2.4.3 Chapter 5 of the Planning Statement provides details of the Evolution of the Design.

- 3.0 PLANNING POLICY

3.1 Site Specific:

• 3.1.1 The site lies within an area of Mixed Use on the Area Plan for the South (Map 5 Castletown), and the site is within the Castletown Conservation Area. The Malew Street section is not prone to flood risks, and the Arbory Street section is largely not prone to flood risks, although a narrow strip of the southern section of Arbory Street (about 1m wide and 40m long is prone to surface water flood risks.

- 3.2 TOWN AND COUNTRY PLANNING ACT 1999

• 3.2.1 S18 Designation of conservation areas

(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act.

3.3 The Area Plan for the South:

• 3.3.1 Paragraph 2.1.8 (in part): The key elements of the Island Spatial Strategy for the South are:

• o Protecting the historic setting of Castletown.

• 3.3.2 Section 3.0: 3.0 Southern Identity and Spatial Vision Paragraph 3.1.1: "The South of the Island, like each of the four defined 'planning areas' making up the Isle of Man, has its own identity and character. This arises from a combination of different landscapes, local history and culture, settlement pattern, and, of course, the people who live and work there. Unlike the other Areas, the South does not have one dominant town, but a network of settlements of broadly similar size. Whilst each of these contributes in its own way to the

overall character, Castletown, as the former capital with its castle and other fine historic buildings, makes a special contribution."

• 3.3.3 Landscape Proposal 4: "The design of development on sites which adjoin the approach routes into Castletown should employ styles and materials which are sympathetic to those of the historic centre, and should be so sited as to safeguard views of the Castle and the old town from those routes."
• 3.3.4 Landscape Proposal 5: "In determining applications for development within Castletown, regard should be had to the impact on views of, and from, the Castle; these include the roofscapes visible from the ramparts."

3.4 National: STRATEGIC PLAN

• 3.4.1 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;

• a. General Policy 2 - General Development Considerations
• b. Strategic Policy 1 - Efficient use of land and resources
• c. Strategic Policy 3 - Development to safeguard character of existing towns and villages and to avoid coalescence.
• d. Strategic Policy 5 - Design and visual impact
• e. Spatial Policy 4 - Need to new development to maintain the existing settlement character, be of appropriate scale (local needs for housing and limited employment opportunities).
• f. Environment Policy 10 and 13 - Development and flood risk.
• g. Environment Policy 23 - The need to consider potential adverse impact of the proposed changes to existing neighbour when considering alterations and improvements to existing facilities.
• h. Environment Policy 35 - Guide to Development in Conservation Areas (preserve or enhance the character or appearance of the Area).
• i. Environment Policy 42 - Designed to respect the character and identity of the locality.
• j. Environment Policy 43 - Support for regeneration in urban and rural areas.
• k. Recreational Policy 4 - Requirement for public open space.
• l. Transport Policy 2 - Layouts to link to existing systems
• m. Transport Policy 4 - Highway Safety
• n. Transport Policy 6 - Equal weight for vehicles and pedestrians
• o. Transport Policy 7 - Parking Provisions
• p. Community Policy 7 - Designing out criminal and anti-social behaviour

• q. Community Policy 10 - Proper access for firefighting appliances

- 4.0 OTHER MATTERIAL CONSIDERATIONS

4.1 Planning Policy Statements: 1/01 POLICY AND GUIDANCE NOTES FOR THE CONSERVATION OF THE HISTORIC ENVIRONMENT OF THE ISLE OF MAN

• 4.1.1 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".

4.2 MANUAL FOR MANX ROADS: Movement and Place Practitioner's Guide (Rev. 2.0)

• 4.2.1 Paragraph 10.1.4 "The Department will only support new developments that:

4.3 Section 68 of the FLOOD RISK MANAGEMENT ACT (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations.

• o are designed to reduce the risk of collisions occurring and the severity of injuries if a collision does occur
• o are designed to be accessible to all travel modes
• o can be accommodated within the existing capacity of the highway network"

• 4.2.2 Paragraph 10.2.36 "The measures proposed must be sufficient to accommodate or offset the impact of development on the highway network and on its surroundings. Support will be given to appropriate mitigation measures that are fully funded by the development promoter."
• 4.2.3 Section 12.2: Improvements to the Existing Highway - Section 109A agreement

- 5.0 PLANNING HISTORY

5.1 The application site has not been the subject of the following previous planning applications which are considered relevant to the current application:

5.2 PA 09/01655/R for Installation of three street lights (Arbory Street) - Approved. The scheme which was partly retrospective sought permission for the installation of lamps to match those already in the square.

• 5.2.1 Extract from Officer Assessment: "ASSESSMENT The introduction of a consistent style of street lighting is to be commended within the town. However this should not be at the expense of the removal of existing fittings of historical importance which is the case with one of the lights. The compromise reached in replacing only those where the original is no longer in place at this time, is considered acceptable."

5.3 There has been applications for works to the areas south of the site which the application site is connected as links to the Market Square. These include:

• 5.3.1 PA 00/01942/B for Reconstruction of road and pavements, Castletown Square and the Parade - Approved.

• 5.3.2 PA 14/00373/B for Highway improvements including re-alignment of vehicular access and parking bays, re-surfacing of pedestrian areas with natural stone, re-positioning of bus stop, installation of lighting columns and feature lighting to illuminate adjacent buildings and landmarks and tree planting - Approved. The Officer report refers to the historic changes in the area within Paragraphs 6.2, 6.3, 6.6, 6.7 to 6.10, which would be relevant in the assessment of this application.
• 6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

6.1 DOI Highways Division have made the following comments on the application (10 May 2021/30 May 2023/9 October 2024): "After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking. Improvements to the public realm and provision of disabled bay are welcomed. Cycle parking should be considered. Temporary restrictions would apply during works. A communication strategy is necessary during works for various reasons, including informing commerce and users of changes to ensure business continuity."

6.2 DOI Flood Risk Management have indicated that they have no flood risk management interest in the application (10 May 2021).

6.3 DEFA Registered Building Officer has made the following comments regarding the application:

• 6.3.1 Comments made 13 August 2024:

• 1. The new paving proposed within the scheme has been designed with the intention of knitting with the style and material recently installed in Market Square. This intention and submitted design is judged acceptable, and one that would preserve the special character of the Castletown Conservation Area. In addition to the above, given that the paving is intended to match the Market Square paving scheme, it is also judged that the paving would preserve the setting of registered building 31.
• 2. The application also proposes to replace the existing lighting columns with black painted metal lighting columns and fittings. Given that lighting columns/fittings around the Castletown Conservation Area have been replaced at different times rather than in one single project, there are various different lighting column/fitting styles in evidence across the Conservation Area. During a walk around the area with the Clerk of the Commissioners a number of years ago, the Clerk explained that street-lighting technology is such that as efficiency and light pollution are improved, the style of columns and fittings changes and previous products are discontinued. This has the result of the previously specified lights not being available when each new scheme is developed, and hence the use of different products in each area. Given that the existing columns are no longer available, the standard columns and light fittings proposed, whilst not as ornate as the existing fittings, are considered to be relatively conservative in their design and to be appropriate to the historic environment within which they would sit.
• 3. The proposed use of columns that would feature 3m long LED lighting strips is judged to be an element that would not be in any way historically appropriate. Both of these columns would be (intentionally) highly visible from Market Square, and one would be sited immediately adjacent to registered building 31. Whilst additional lighting has been provided within the Market Square as part of the regeneration works, this recently installed lighting has been in the form of up-wash or down-wash lighting to prominent features of the historic buildings around the square. I judge the LED strip lighting on these lighting columns to be very contemporary and significantly different in style to the regeneration scheme lighting, and to be something

• that would harm the setting of Registered Building 31 and harm the special character of this part of the Conservation Area.
• 4. I would strongly urge the applicant to alter the proposals so that these decorative columns are omitted in preference for the standard columns proposed elsewhere.

The RB Officer suggested a condition regarding external finishes should approval be granted, whilst also suggesting a reason for refusal.

• 6.3.2 Comments made 9 October 2024:

• 1. Further to the amended plans circulated regarding application 21/00471/B, I can confirm that the removal of the two light columns with LED light strips and their replacement with standard lighting columns is sufficient to remove my objection to the application.
• 2. I would request that the condition noted within my original comments is still added to any recommendation for approval.

6.4 Castletown Commissioners and Manx National Heritage have not made any comments on the application although they were consulted on the application. - 6.5 The owners/occupiers of the following neighbouring properties have made written comments on the application:

• a. 42 The Crofts, Castletown (5 May 2021);
• b. 20 Scarlett Road, Castletown (28 May 2021);
• c. 20 Kissack Road (3 May 2021/10 November 2021);
• d. 79 Parliament Street, Ramsey, on Behalf The Courtyard (former Callows Yard), Castletown (12 May 2021/26 June 2023);
• e. Somersby Ltd, owner of the Shoprite premises at Centre House, Arbory Street, Castletown (10 May 2021);
• f. The Church House, Arbory Street, Castletown (22 May 2021);

• 6.5.1 Their comments border on the following:

• o The benefits of the scheme to the area.
• o The proposed light structures are not appropriate for the vicinity of the Castle, or the adjacent architecture.
• o The need for the need to be shown the colour and size of what is to be on the paving at the public meeting.
• o The style and colour of the street furniture (bench seats and refuse bins) are inappropriate for the Conservation Area.
• o The proposed disabled car parking is located adjacent to the ginnel and the emergency services use this when attending the properties.
• o Potential impacts on viability of businesses in the area.
• o Potential impacts of the construction works on refuse collection for some of the properties in the area.
• o Potential blockage of fire exits.
• o The lack of communication to the stakeholders regarding the process and timeline of the proposed works.
• o The need for the applicants to provide a proposed methodology ensuring customer access is maintained throughout these works.
• o The need for enforcement measures to prevent motorist from entering the pedestrian areas at high speeds, such as bollards.

• 6.5.2 Following review of the comments made by occupants of neighbouring properties, the applicants have made the following comments (4 January 2024): Scheme Extents:

The primary function of the scheme is to replace the worn out damaged areas of paving in order to enhance the character and appearance of the town centre. There are no plans to extend/increase the scope of works beyond the existing paved areas identified within the application boundary.

Delivery of the Works: Should the application be successful and funding secured the project delivery team will appoint a liaison officer to ensure that the operational and access requirements of the local businesses and residents are fully understood prior to commencing works on-site. This process has been successfully implemented by the Department on similar schemes within busy town centre environments to ensure that access is maintained throughout the delivery of the works.

Fire Prevention Requirements: The Isle of Man Fire & Rescue service have been consulted on the proposed layout and provided the following statement "From our perspective, the positioning of disabled spaces and gardens is something we can work with. This is where we would normally park in the event of AFA Callows Yard. We're normally partially/fully blocking access to Malew Street while in attendance anyway, so probably not making things any worse."

Public Presentation: Due to the relatively minor change of the material pallet and the inclusion of a statement explaining how the proposed materials will complement the natural granite of the existing buildings and sit within the historical context of the town it was not deemed necessary to hold a further public presentation whilst the application is under consideration. A further presentation will be arranged to explain how the works will be delivered should the scheme be successful in securing planning and funding."

- 7.0 ASSESSMENT

7.1 The fundamental issues to consider with the current application are:

• i. Character and Appearance (GP2, EP 35, SP 4, STP 5, and PPS 1/01); and
• ii. Highway Safety Impacts (GP2, TP 2, 4, 6, & 7, & MFMR).

7.2 STATUTORY TEST - Section 18 (4)

• 7.2.1 In terms of compliance with Section 18 (4) of the Act, it is not considered that this proposal would conflict with that objective and as such the application will be considered in the context of the policies as set out below and within section 3 of this report, as well as the other material considerations set out within section 4.

7.3 THE POTENTIAL IMPACTS UPON THE VISUAL AMENITIES OF THE CONSERVATION AREA AND SURROUNDING AREA

• 7.3.1 In terms of visual impacts resulting from the proposal, it is considered that the entire site area lies within the Castletown Conservation Area, with the various nodes also forming important views into Market Square which is an important part of the Conservation Area. The relevant policies (EP 35 and EP 36) requires any development to either preserve or enhance the character or appearance of the Area. On its part, General Policy 2 - paragraphs (b) and (c), also require developments to respect the site and surroundings in terms of the siting, layout, scale, form, design and that development should not affect adversely the character of the surrounding landscape or townscape.

• 7.3.2 In this case, it is considered that although the proposal includes considerable alterations to the footpath/highway layouts, including alterations to the street lighting within this part of the square and Conservation Area, the works in themselves are not considered to alter adversely the appearance and character of the area and the Conservation Area. In fact, the works would serve to further contribute to the regeneration works that have recently been carried out here, and would be read in connection with the previous works that have been carried out here, hence enhancing this part of the Conservation area. It should be noted that

• the civic spaces in the form of squares and gardens are given particular prominence as they serve to define the character of the townscape, as well as the Conservation Areas within which they sit, and it is not judged that the scheme proposed here would be at variance with these objectives.
• 7.3.3 Likewise, it is considered that the proposals, whilst introducing some form of changes, would in turn protect the fabric and setting of the Registered Building (RB No. 31), thus aligning with the test within section 16 of the Act. Therefore, it is considered that the proposal would comply with the requirements of Strategic Policy 4 (a) of the Strategic Plan.
• 7.3.4 Overall, it is considered that the design, layout and finish of the proposed works would result in significant improvements to the visual amenities of the area, as they would improve the appearance of this part of the square such that they would tie in with the already regenerated parts of the square, thus enhance the character and appearance of the Castletown Conservation Area. The proposal would, therefore, comply with the requirements of Environment Policies 35, General Policy 2, Strategic Policy 4, and Transport Policy 5 of the Isle of Man Strategic Plan 2016.

- 7.4 IMPACTS ON HIGHWAY SAFETY

• 7.4.1 In terms of the highway safety impacts of the proposal, it is considered that the scheme would provide for a better accessed pedestrian areas, improved crossing areas, improved lighting during night times, provision of disabled bays, and more inclusive footways which would be to be benefit of pedestrians and cycle users, which would better reflect the requirements of Transport Policy 6.

• 7.4.2 Furthermore, the circulation/movement of vehicular traffic along part of Malew Street would not be adversely affected, with the development being able to accommodate the existing and projected traffic through the area in a safe and appropriate manner.
• 7.4.3 Further to the factors highlighted above, no objections have been raised by Highways Services, who consider that the proposals raise no significant road safety or network functionality issues.
• 7.4.4 Accordingly, it is considered that the proposal would not have significant adverse impacts upon highway safety for all road users. The proposal, therefore, complies with Transport Policy 6, General Policy 2, and Strategic Policy 10 of the Isle of Man Strategic Plan.
• 7.5 OTHER MATTERS

• 7.5.1 The matters related to viability of businesses in the area as a result of the construction works, and general construction impacts (including Potential impacts of the construction works on refuse collection), and enforcement measures to prevent motorist from entering the pedestrian areas at high speeds, bear no weight as material planning considerations and as such cannot be considered in the assessment of this planning application. These issues would be better addressed via the appropriate legislation outside the remit of planning.

• 7.5.2 The introduction of the flush channels are considered to improve surface water flows in the area, and this would diminish any potential for flooding in the area. Therefore, it is not considered that the proposal would result in an unacceptable risk from flooding, either on or off-site, and as such would comply with Environment Policy 13 and General Policy 2 (l).
• 8.0 CONCLUSION

8.1 For the above reasons, it is concluded that the proposed development would be an appropriate form of development that would preserve the character and appearance of the Castletown Conservation Area, and would not result in unsafe use of the highway infrastructure for all highway users, and would benefit the use and enjoyment of neighbouring properties. The proposal is, therefore, considered to comply with aforementioned planning policies of the

• Isle of Man Strategic Plan 2016, and Planning Policy Statement 1/01, and is recommended for approval.
• 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 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 above who should be given Interested Person Status.

9.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded interested person status and/or rights to appeal.

Decision Made : Permitted Committee Meeting Date: 11.11.2024

Signed : P VISIGAH Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.