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Application No.: 09/00617/B Applicant: Callows Yard Enterprises Limited Proposal: 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 Site Address: 10 & 12 Arbory Street Castletown Isle Of Man IM9 1LJ Considerations Case Officer : Miss S E Corlett Site Visit: 30.10.2009 Expected Decision Level: Planning Committee Written Representations 38 The Crofts Castletown Isle Of Man IM9 1LZ Objects to the proposal 37 Malew Street Castletown Isle Of Man IM9 1AE Objects to the proposal 9 Elizabeth Rise Castletown Isle Of Man Objects to the proposal Bagnio House Arbory Street Castletown Isle Of Man Objects to the proposal 8 Douglas Street Castletown Isle Of Man IM9 1AY Objects to the proposal 52 Malew Street Castletown Isle Of Man IM9 1AF Objects to the proposal Croft View 61 Arbory Street Castletown Isle Of Man Objects to the proposal 27 Arbory Street Castletown Isle Of Man IM9 1LH Objects to the proposal 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 2 November 2009 09/00617/B Page 1 of 6 Consultee : Castletown Commissioners Notes : Consultee : Disability Access Officer Notes : comment Consultee : Environmental Protection Officer (Water) Notes : Comments received 08.05.09 - Document received "Callow's Yard Development - EPU Consultation in respect of odour \& noise control 22nd April 2009. Consultee : Castletown Heritage Notes : Comments received Consultee : Drainage Division Notes : No objection subject to the following conditions:- Consultee : Disability Access Officer Notes : Entrance door should be 100 mm wide with level access. Counters should have a split level so it can be used by customer sitting and standing. Seats are available if customers are waiting for their takeaway. We would recommend that a lift of some sort was included in this conversion to make this facility accessible to everyone.
This application is being referred to the Planning Committee as there are more than five local objections and the application is being recommended for approval. In addition, this site has been the subject of a number of applications the majority of which have been considered by the Planning Committee. In the interests of consistent decision making, the Planning Committee should consider this application.
The site represents the ground floor of an existing building situated on Arbory Street between numbers 8 and 14. The unit was outside the area of the original application - PA 05/1539 has permission for use as a retail unit with space for a mezzanine area at the rear and access to the central area through a new rear enclosed space with access to and from number 14.
The site lies within an area designated as Mixed Use on the Castletown Local Plan of 1991 and the draft Area Plan of 2001. Both plans identified the area between Arbory and Malew Streets as suitable for redevelopment.
All of the site lies within Castletown's Conservation Area. The Castletown Plan (1991) contains the following:
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 there have been subsequent applications for other parts of the site.
Planning permission has been sought for various developments of and alongside Arbory Court as follows:
PA 06/2208 - demolition of existing barns to the rear of 28, Arbory Street, partly demolish barn to the rear of 23, Malew Street and rebuild new retail/commercial building on the existing footprint linked to the approved adjacent Callow's Yard development - permitted on appeal
PA 07/0950 - relocation of bin store and creation of refuse service yard, electrical water intake rooms within the existing parking lot in front of Arbory Court, to service the Callow's Yard development as approved under PA 05/1539 - permitted
Also of relevance is PA 09/0612 which is yet to be determined and which proposes the use of the upper, first floor of this building as a function room.
Proposed now is retrospective permission for the mezzanine floor and the use of all of the unit as a coffee shop and wine bar. Some of the units above the main buildings are the subject of applications which seek to change their use from permanent residential to tourist accommodation (PA 09/01536). which is yet to be determined. These units are very small and may rely upon the facilities proposed in this application for breakfasts and other meals, although of course occupants may go outside the Callow's Yard area for their meals.
There are objections to this and to other applications from local residents on the basis that the scheme has changed since its original approval, the nubmer of eating establishments within the scheme is excessive and will lead to traffic, litter and nuisance problems, planning procedures have not been adhered to and the shopfronts are bland. There are other comments which have been made which refer to other parts of the complex.
These objections emanate from the following properties: 38, The Crofts 37, Malew Street 9, Elizabeth Rise 8, Douglas Street Bagnio House, Arbory Street 52, Malew Street 61, Arbory Street The Malt House, Bridge Street 27, Arbory Street Crofton, The Crofts
Castletown Heritage do not object to the application but request clarification that "planning permission exists for the building to the rear of 1.5 storeys high with dormer windows that forms part of this application".
Department of Transport Highways and Traffic Division indicate that they do not oppose the application
Department of Transport Drainage Division request conditions relating to the Sewerage Act which is not a material planning consideration and as such should not be referred to in the planning decision notice.
Environmental Protection Unit raise concerns regarding noise and smell nuisance. As there is to be no cooking within the property and the premises are further in towards the town centre, away from residential property, it is not considered that these comments are relevant
Disability Access Officer raises concerns regarding internal ramps and doorways which are the responsibility of the Building Regulations and should not be referred to in the planning decision notice.
Whilst some of the work proposed in this application is retrospective, the applicant should neither benefit from nor be disadvantaged by the fact that the work has been undertaken. The fact that the application is retrospective is not in itself a reason for refusal, nor is the fact that the application proposes changes from the originally approved plans. In fact, these premises were never part of the original application, PA 05/1539 and were added in after the intial approval had been granted.
It is accepted that the scheme now proposes more eating establishments than were proposed previously. However, what existed previously were shops, some of which were in poor condition and appearance and some with low levels of customer turnover. There are still shops within the scheme and in fact additional retail floor space has been created to the rear of the Malew Street properties through the addition of a roof over the rear yards and connecting this space to the rear of the residential units within the central courtyard (proposed in PA 09/1536).
The newly published Southern Plan makes reference to the need for town centres to be varied with a range of interests for customers and particularly dedicated public spaces which this proposal includes (having omitted four approved dwellings to create it). If the public space is successfully used, then there will be a demand for eating and drinking establishments and at present, in its decked form is a place for children to play whilst their parents can stop for something to each or drink.
Whilst there are objections to the creation of further eating facilities within the scheme, it is not considered that this is a valid reason for refusal or that it affects residents and other proprietors of businesses in the area to warrant refusal of this application. Commercial competition is not a material planning consideration.
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 other parties to this application either refer to matters which are not relevant to this application, are not material planning considerations or are not directly affected by the proposal and as such should not be afforded party status in this instance: these are
38, The Crofts 37, Malew Street
9, Elizabeth Rise 8, Douglas Street Bagnio House, Arbory Street 52, Malew Street 61, Arbory Street The Malt House, Bridge Street 27, Arbory Street Crofton, The Crofts Castletown Heritage, Environmental Protection Unit, and Disability Access Officer
Recommended Decision: Permitted
Date of Recommendation:
N : Notes attached to conditions R : Reasons for refusal
This permission relates to the creation of a mezzanine area and the use of this and the associated unit for the sale of hot and cold food for consumption on the premises, as shown in drawings PA617/01, -02, -03 and -04 all received on 18th September, 2009.
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
Decision Made : Committee Meeting Date :
Signed : Presenting Officer 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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