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Application No.: 09/01536/B Applicant: Callows Yard Developments Limited Proposal: Internal and external alterations (to approved layout) 21 Malew Street, rear of 9-15 Malew Street, land in front of Arbory Court, 10-14 Arbory Street, and land between Arbory and Malew Street Site Address: - Callows Yard - Malew Street - Castletown - Isle Of Man - IM9 1DQ ### Considerations Case Officer: Miss S E Corlett Photo Taken: 30.11.2009 Site Visit: 30.11.2009 Expected Decision Level: Planning Committee ### Written Representations - The Malt House Bridge Street Castletown Isle Of Man - Objects to the proposal - Crofton The Crofts Castletown IM9 1LW - Objects to the proposal ### Consultations Consultee: Highways Division Notes: Do not oppose Consultee: Castletown Commissioners Notes: Consultee: Disability Access Officer Notes: We recommend that the ramps are no less than 1-12 and they are at least 1 meter wide. Door frames should be at least 850mm wide, external doors should be level or ramped access with preferably automatic doors. 23.10.09 - ensure there are handrails at both sides of the steps and ramps. All door frames are recommended that there is an accessible toilet on all floors. Consultee: Drainage Division Notes:** no objection subject to the following conditions
This application is recommended for consideration by the Planning Committee rather than under delegated for a number of reasons. Firstly, it is one of a number of applications for this site, which are presently being considered and where the other applications have been the subject of a relatively large number of objections which has resulted in these applications being referred to the Planning Committee. Also, the site has a planning history where previous applications have almost all been considered by the Planning Committee. As such, for consistency in decision making, this application is also recommended for consideration by the Planning Committee.
The site represents the whole of the Callow's Yard site which stretches from numbers 6 - 26, Arbory Street inclusive, to numbers 9 - 21, Malew Street inclusive and the space in between. The site has been the subject of a number of applications - see below and the area has been developed as a whole into a variety of shops, cafes, open, seated areas, residential units and an Manx Electricity Authority substation (at number 21, Malew Street). The individual buildings on the site are either selfcontained units with access into other parts of the scheme, or have been opened up and are now combined with other units alongside.
The parts of the scheme to which this application applies are as follows:
All of the site lies within Castletown's Conservation Area. The site falls within the area of Mixed Use on the adopted Castletown Plan (1991).
Policy This plan contains reference to the site and surrounding area:
Other relevant policies include 5.4 which states that the introduction of housing into the town itself will be encouraged but will require to be to a suitably high standard of design in line with the Conservation Area policy.
The car parking section suggests that there is limited parking available and that "discretion in the provision and location of parking may therefore need to be exercised" (7.6) and that bearing in mind the Conservation Area status, the policy need not universally be applied. There is specific reference to this site in paragraph 7.19 where it states that "any future development of the area between Arbory Street and Malew Street will be required to incorporate the maximum car parking provision which is feasible in this area but must not prejudice the bowling green, tennis courts and play area".
The section on Conservation Area does not mention this site specifically but refers to the need for a high standard of design, the importance of controlling demolition and replacement buildings.
The emerging plan which emerged as far as a draft but not as far as a public inquiry and which can only have limited weight attached to it, refers to this site and has a policy which states: "The area between Arbory Street and Malew Street within the Mixed Use area (behind the buildings which front onto those streets) may be suitable for the extension of existing retail units or the creation of new pedestrian links between the two streets. Existing outbuildings or outlets of historic interest or merit should be retained and any application for development in this areas should be accompanied by an archaeological assessment of the site." The accompanying text (paragraph 2.3) warns against the development of this area if it will drain the existing units from the main streets. The section on car parking suggests that "parking standards may be applied with flexibility if it results in the re-use of a Registered Building or building of architectural interest, will result in the preservation of a sensitive streetscape or is otherwise of benefit to the character of the Conservation Area" (7.8).
The recently published draft Southern Area Plan confirms the designation of this area as Mixed Use and in the draft Written Statement refers to the majority of retail provision in the south within existing settlements including Castletown. The Plan goes on to encourage town and village centres to be "attractive, viable and full of vitality" and "a mix of different uses" should be located within the centres. The Plan also states "this will include elements of retail, office and community facilities and residential as well as dedicated public spaces which will be a focus for community activity." (paragraph 5.13.1). Callow's Yard is referred to specifically at paragraph 5.15.1 where it states, regarding "Current Retail Provision in Castletown", "The redevelopment of Callow's Yard has provided a range of refurbished and new-built units". The Plan goes on to refer to the Isle of Man Retailing Study which was issued in May 2009 recommends that convenience supermarket retail provision is most lacking in the west and south of the Island. The Plan goes on to include policies which state: "The retention of a mix of uses within the identified mixed use areas in Port Erin, Castletown and Ballasalla will be encouraged so that the vitality and viability of the centres is protected, to this end there will be a presumption in favour of the retention of existing retail units." (Retail Policy 1)
Planning permission has been granted for the initial scheme, PA 05/1539, which proposed the redevelopment of the area between 17 \& 19 Malew Street, 4a, 16, 18, 20, 22, 24 \& 26 Arbory Street, physic garden and the land in between. This was permitted on appeal following objections, principally concerned with the lack of car parking within the scheme. Since then, the site has grown in area to include Arbory Court, 6-14, Arbory Street and 9, 11, 13, 15 and 21, Malew Street and the following applications have been submitted:
PA 06/00225/B - Installation of replacement shop front with separate access to dwelling over Initial Decision - Permitted 15th May 2006
PA 06/02208/B - Demolition of existing buildings to rear of 28 Arbory Street, partly demolish the barn to the rear of 23 Malew Street and rebuild a new retail/commercial building on the existing footprint linked to the approved adjacent Callow's Yard Development Appeal Decision - Approved at Appeal 7th November 2007 PA 07/00045/B - Demolition of existing structures and construction of a new retail/commercial link building linked to the approved Callow's Yard development Initial Decision - Permitted 15th May 2007 PA 07/00075/B - Demolition of existing shop/residential building Initial Decision - Permitted 15th May 2007 PA 07/00950/B - Relocation of bin store and creation of refuse service yard, electrical and water intake rooms within the existing parking lot in front Arbory Court, to service the Callow's Yard development as approved under PA 05/01539B Initial Decision - Permitted 23rd August 2007 PA 07/00977/B - Installation of replacement windows, four roof lights and re-slating of roof Status : - Permitted
PA 07/01490/B - Erection of new building at 14 Arbory Street and creation of new retail space behind 8 - 12 Arbory Street with link across to retail buildings as approved under 07/00045/B. Removal of existing derelict lean to structures behind 8 - 12 Arbory Street and rearrangement of existing residential apartments in 12 / 14 Arbory Street Initial Decision - Permitted 20th November 2007 PA 07/01534/B - Alterations and extensions to 11 and 13 Malew Street to provide retail at ground and first floor and apartment above, including demolition of rear and part of front elevation and rebuilding 13 Malew Street, Ancillary works to the rear of 9,11,13 and 15 Malew Street to link with Callow's Yard Development (as approved under PA 05/01539B) Status - refused PA 08/00212/B - Alterations and extensions to 11 and 13 Malew Street to provide retail at ground and first floor and apartment above, including demolition of rear and part of front elevation and rebuilding 13 Malew Street, Ancillary works to the rear of 9,11,13 and 15 Malew Street to link with Callow's Yard Development (as approved under PA 05/01539B) (comprising a resubmission to the development under 07/01534/B) Initial Decision - Permitted 16th April 2008 PA 08/00984/C - Change of use from ground floor retail to an MEA Sub Station Initial Decision - Permitted 8th December 2008 PA 09/00610/B - Conversion of retail space to include sale of hot and cold food for consumption off and on the premises and including the installation of external flue Status : Pending Consideration PA 09/00611/B - Conversion of ground floor to commercial kitchen to serve function hall and adjacent restaurant. Status : Pending Consideration PA 09/00612/C - Change of use of first floor to function hall including the consumption of food and drink on the premises (Re-advertised due to amended plans and proposal description) Status : Pending Consideration PA 09/00613/B - Change of use of approved residential unit to lounge/bar with restaurant. Status : Pending Consideration
PA 09/00614/B - Creation of lower floor for use as a gallery (Re advertised due to amended plans and proposal description) Status : Pending Consideration PA 09/00617/B - Conversion of ground floor retail area and use of mezzanine area for the sale of hot and cold food for consumption on and off the premises Status : Pending Consideration
Proposed now are a series of developments which have already been undertaken and for which retrospective permission is being sought. These works are:
Area 1: the creation of a roof and internal staircase and walkway access to the buildings between 9, 11, 13 and 15, Malew Street and the buildings to the rear of this. The drawing 08 shows the newly created space as a "retail/coffee shop and wine bar. Use Class 1 and 3 although this is in practice a circulation space on ground and first floors with shelves and stands of things to buy on the ground floor and some tables and chairs on the floor above.
Area 2: this concerns numbers 10, 12 and 14, Arbory Street first and second floors where permission was granted for the refurbishment of the existing second floor apartment above number 10 and the extension of the existing second floor apartment above number 12 into the second floor space above number 14, and the extension of the existing first floor apartment above number 10 into the first floor of numbers 12 and 14, Arbory Street. Now proposed is the retention of the apartments on the first and second floors above number 10, as is, and the use of the remaining space above numbers 12 and 14 for three "crash pads" on the first floor and two on the second floor. These units will be between 18 sq m and 39 sq m which are acceptable for occupation for upwards of 1 person as a unit of tourist accommodation under the Housing (Flats) Regulations 1982.
Area 3: this concerns number 21, Malew Street and the buildings immediately to the rear which wrap around the rear of 23, Malew Street and alongside the rear of Arbory Court which is within the application site. The ground floor of 21, Malew Street has permission for use as an electricity substation which is still proposed but there are now to be changes to the shop frontage where louvred doors have been introduced in place of a square window. To the rear of the shop/substation, the internal space has been configured slightly differently and subdivided into a number of rooms with access to Arbory Court to the north west. On the first floor there is now access from the existing first floor accommodation above the substation into a new lobby accessed from the walkway to the rear of the first floor accommodation above number 19, toilets and a store and lift to serve the retail and food-related units to the rear of numbers 17 and 19, Malew Street. On the second floor there is now a store and bar/lounge accessed from the existing bar which sits to the rear of 17 and 19, Malew Street.
Area 4: this concerns an extension in balcony form to the first floor bar area to the rear of 19 and 17, Malew Street with a fire escape down into the central public area.
Area 5: this focuses on the central area which has had a oval shaped recessed area which has had two underground water storage tanks installed to the north of the area, a timber decked area to the rear of 20, Arbory Street which has seating associated with the eating establishments at this side of the complex and a second decked area to the south, serving the catering premises at 10 and 12, Arbory Street. This area was shown in previous schemes as having residential units built upon it.
Area 6: this proposes the erection of a timber shed 3 m by 3 m for storage purposes on a concrete slab. The slab is in situ but the shed has yet to be erected.
Also submitted are elevations of Arbory Street and Malew Street as built and as approved, illustrating the differences between the two. This includes:
Disability Access Officer recommends that internally ramps and doorways are suitable for use by those in wheelchairs. This is a matter for the Building Regulations and as such is not relevant to the planning decision notice
The occupant of The Malt House in Bridge Street objects to this and the other contemporaneous applications for this complex for a variety of reasons including the loss of the residential accommodation which was approved in the initial application, the change in the scale and nature of the scheme from the original plans, the overdevelopment of the present scheme, the demolition of 17 and 19, Malew Street, the failure to reinstate the frontage to 17, Malew Street, the "gross abuse" of the planning process and the lack of any explanation as to the changes which have been undertaken as they have taken place.
Department of Transport Highways and Traffic Division raise no objection to the application. The occupant of Crofton objects to the application on the basis that the site notice was not easily visible, the increase in food outlets will lead to litter and noise problems, has the right of way through from Arbory Street to Malew Street been extinguished? Is it usual for a plan to be altered so radically?
In respect of the objections to the changes to the original scheme, any applicant may submit as many changes as they like to an approved scheme - this sometimes occurs due to a changing consumer market, changing economic circumstances or simply changes of mind in how a scheme should function. This in itself is not a reason for refusal. Even if a scheme were very far removed
from the originally approved application, this would not necessarily render the scheme unacceptable unless the changed scheme were unacceptable in itself for a material planning reason.
Similarly, if the developer has undertaken work which has not had planning approval, which is the case in this application as it seeks retrospective approval for various areas of work which have been undertaken within the scheme, this in itself is not a reason for refusal. An applicant should neither be disadvantaged nor gain benefit from having already undertaken the development and the works should be considered on their own merits.
In this case, the works are very varied throughout the scheme: Area 1 now provides an undercover area where people can gain access to and between the Malew Street shops and with an additional area where customers can sit and eat or drink and where items may be displayed for sale. This brings various retail outlets together and creates a mall type of environment rather than each shop discharging into an external area. It is not considered that there is a detrimental impact from this proposal.
Area 2 creates additional units of accommodation for occupation by tourists. Whilst this results in a loss of a small number of residential apartments, the introduction of tourist accommodation within the scheme is arguably more appropriate bearing in mind the close proximity to retail and catering accommodation and tourists may well patronise the eating establishments more frequently than would permanent residents. Also, tourists may be less likely to have their own private vehicle and thus concerns regarding car parking deficiencies may be less valid. The units are of a size which would satisfy the Housing (Flats) Regulations for tourist accommodation. As such, it is not considered that this change is unacceptable.
Area 3 proposes a different configuration of the rooms to the rear of the approved sub-station at 21, Malew Street and tying this in at the upper floor level with the new space behind 19 and 17, Malew Street and to Arbory Court to the rear. These changes are largely internal other than the creation of louvred doors on the front of 21, Malew Street which will be dealt with later. The interconnection between the units makes the accessibility of each section more readily available to the customer.
Area 4 proposes the creation of a balcony area looking into the central courtyard with glass panel balustrading to match that around the central public area with a staircase into the courtyard from the new balcony. This is not visible other than by those with rear elevations into the courtyard and provides additional seating and external access to the upper floor.
Area 5 proposes the omission of four dwellings previously approved and the creation of a central oval shaped decked area for public use. The omission of the four dwellings reduces the number of residential units, thus reducing the number of car parking spaces required and opens up the central area, for the benefit of the public visiting the site.
Area 6 is located to the front of Arbory Court to the rear of the northernmost residential units and proposes the construction of a small timber shed for storage purposes. This area is not generally used or visited by the public.
Elevational changes: in Arbory Street the changes proposed are varied and relatively small scale. The infilling of the arch changes the character of this feature slightly but will improve the environment of the space behind the doors through keeping the wind from blowing through into the central courtyard. The changes to the shop fronts have resulted in a rather similar approach to most doors and shopfronts, not assisted by the fact that they are all painted the same colour (white). They are not, however identical and there is still variety in the height, proportions and pattern of glazing.
In Malew Street, the approved scheme proposed the re-building of number 17 and the drawings proposed to rebuild the front elevation as existing. Number 19 was to be retained on the first and ground floors but a second floor added with a slight ( 300 mm ) step in the ridges between the two with a verge running down the mutual boundary. Both properties appear to have been rebuilt and
the shopfront at number 17 is not a reinstatement of the existing which had arched features within the windows and banding around the first floor windows which has also been omitted. The windows in number 17 are now the same as those in number 19 whereas in the approved scheme they were smaller in the second floor. The buildings are both the same height as approved although number 21 is shown as higher in the approved drawings than it actually is and thus whilst the proposed buildings in the original scheme were shown as lower than 21, they are actually higher and always would have been.
The non-replication of the former shopfront at number 17 is unfortunate as this was an attractive shopfront within the streetscene. However, the non-retention of the Sunflower diner shopfront as was originally approved, is an improvement as this ground floor elevation left much to be desired.
The overall theme in the changes made to the elevations in both Malew Street and Arbory Street is to bring uniformity to the scheme, where previously the area was characterised by variety and individual units. There is still some variety but less so than previously and one of the casualties of this has been the shopfront at number 17. However, it is clear from the approved drawings that this elevation was to be demolished and re-built and even the replication of the original shopfront would have been a new version of the original. Conservation is not necessarily about replication of the original but where appropriate the retention of the original where feasible and if this cannot be retained, in some instances a different approach to the new building is acceptable. Bearing in mind the changes which have been undertaken elsewhere in Malew Street, it is considered that the changes to 17, Malew Street are acceptable in this case.
It should be remembered that the former buildings which characterised this area included a range of outbuildings at the rear and no public access between Malew and Arbory Streets. What has been created is clearly new and not a replication of the outer faces of the scheme, but a new area which affords public access and a cleared, large public space with various eating and drinking facilities in close proximity. Tourists as well as residents will be accommodated within the scheme who will hopefully visit units outside Callow's Yard and benefit Castletown town centre as a whole. The area is now less densely populated by built structures and some existing buildings, such as number 15, Malew Street have been refurbished and new uses given where previously such buildings were under or un-used.
In summary, it is considered that this application should be approved.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
The occupants of Bridge Street and The Crofts are not directly affected by the application and as such should not be afforded party status in this instance.
Disability Access Officer raises issues which are the responsibility of the Building Regulations and as such should not be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 28.10.2009
The development hereby permitted shall commence before the expiration of four years from the date of this notice.
This approval relates to the alterations and construction shown in drawings 01-17 inclusive all received on 18th September, 2009.
The applicant is encouraged to discuss with the Conservation Officer a scheme of appropriate colour for the external finishes of the buildings, particularly the shop fronts, to introduce individuality to each building.
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) 2005
Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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