Change of use of shop and first floor from retail to residential

Why Was This Refused?

• ✓Property size only marginally meets minimum residential standard at 46 sq m, considered unsuitable for residential use
• ✓Loss of ground-floor retail unit would harm the vitality and viability of Bank Street as a commercial area
• ✓Conflict with the Castletown Local Plan's protection of the commercial and shopping area
• ✓Resubmission failed to overcome the reasons for the earlier refusal
• ✓Refused by Planning Committee in line with officer recommendation

The proposal was a resubmission following an earlier refusal (PA 03/1037) for the same change of use. The previous refusal had been on the grounds that the property was too small for residential accommodation. The applicant argued that a fresh survey showed a total floor area of 46 sq m, fractionally above the 45 sq m minimum standard under the 1984 Flats Regulations for two persons. Despite this revised measurement, the officer maintained the same view as the earlier refusal. The Chief Fire Officer also objected to the development. Beyond the size issue, the officer considered that losing a retail unit at ground-floor level on Bank Street would harm the vitality and viability of that commercial and shopping area, as identified in the Castletown Local Plan.

The application was refused on two main grounds: the property remained unsuitable for residential use, and the loss of the ground-floor retail unit would damage the vitality and viability of Bank Street as a commercial area under the Castletown Local Plan.

Policies Assessed (1)

Conditions (1)

1. 1

   Condition 1

   The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.

Documents (36)