Planning Officer Report Recommendations

Planning Report And Recommendations {{table:157125}} {{table:157126}} {{table:157127}} {{table:157128}} {{table:157129}} ### Considerations {{table:157130}} ### Written Representations {{table:157131}} ### Consultations I recommend that the applicant consults the Fire Safety Department to Discuss solutions to this problem. Consulttee: Disability Access Officer Notes: Where parking is provided provision should include a ratio of designated disabled parking places in line with the table below. Entrance should be accessible to an unassisted wheelchair user. Where there are full-length glass doors fitted they should be marked in some way at mid height to assist people with sight impairment. It is preferable to have automatic doors but where this is not the case then the doors should not be so heavy as to require a pulling force exceeding twenty Newton’s, measured at the leading edge, to open the door. Inside layout should have sufficient aisle width as to allow an unassisted wheelchair user to manoeuvre. Where public toilet facilities are provided this should include the provision of a disabled toilet. If separate staff toilets are provided this should also include provision of a disabled toilet. Accessible entrances and emergency exits are needed and appropriate way-finding signage with a wheelchair symbol. All serving counters should contain at least one section suitable for wheelchair users. (e.g. low enough to use to write a cheque) Consulttee: IOM Water Authority Notes: Comments received Consulttee: Drainage Division Notes: Objection

Officer’s Report

THE SITE The site defined in red on the unreferenced location plan prepared by MacOwan Collett, represents the curtilages of number 9 and 11 Malew Street and the land to the rear of these buildings. This land stretches back towards and abuts numbers 6 and 8 Arbory Street and there is a right of way to the back of the application site, between 4 and 6, Arbory Street.

PLANNING STATUS 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:

Size of Car Park	Number of Disabled spaces
Up to 200 spaces	5% of car park (min 3 spaces)
Over 200 spaces	4% of car park plus 4 spaces

Commercial/Retail

• 2.3. One area does however have potential for development as retail use:- i) an area between Arbory Street and Malew Street.
• 2.4. The section between Arbory Street and Malew Street is seen as having potential for the creation of a mall between the two streets
• 2.5. The structures behind the buildings fronting the two streets are largely redundant and of little intrinsic value and could therefore be demolished in order to permit such a development to take place.
• 2.6. Such a development would not only provide additional retail capacity in the central area but would also effectively link Arbory Street and Malew Street, encourage circulation between the two and alleviate the possible reluctance of the customer to visit the furthermost shops in the knowledge that it was necessary to return by the same route. Approval in principle has now been granted for a scheme which incorporates retail uses at ground level and hotel accommodation on upper levels.
• 2.10 The area between Arbory Street and Malew Street should be developed for retail purposes at ground level with the option of hotel/tourism development on upper levels and a pedestrian link between the two streets should be established. In creating this link, existing structures must be retained where practicable the use of materials and finishes will be closely controlled and the massing of the development must be in sympathy with the neighbouring buildings. In any new development, the use of the upper levels for residential, retail or tourism will be encouraged.
• 2.11 It is considered that such a development can only be realised if it is actively promoted. To this end it is recommended that the Castletown Commissioners should pursue this policy as a matter of priority.

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).

Planning History

The most recent and significant planning permission relevant to this site, although not including it, is PA 05//1539 which proposed in detail the redevelopment of the area between 17 and 19 Malew Street and 16 - 26 Arbory Street. This application was opposed by some local residents on the basis of inadequate parking and recommended for refusal by the reporting Appeal Inspector but permitted by the Minister after the Appeal.

The Proposal

This new application will tie the rear of the existing shops to the terrace of residential properties within Callow's Yard by re-buildings the rear outlets and outbuildings. The building is shown are simply abutting the gable of the approved dwelling and no new walling or insulation is shown on this site of that wall. There will also be a covered walkway between the rear of the new rear extension and the Physic Garden - an area of open space within the adjacent development.

No works are actually proposed to 9 and 11, Malew Street and the drawings are annotated "Existing structures to 9 _ 11 Malew Street to be refurbished". The plan then also states "No's 9 _ 11 Malew Street (as far as engineering possible) to be Retained". This would appear to conflict with the above statement of refurbishment only and as there are no works shown as being undertaken to the buildings themselves, there is no reason to believe that these buildings are under threat of collapse or demolition - necessary or otherwise.

The applicant has submitted an amended plan to address some of the concerns which have been raised in consultation and written representations. This plan, 2007/002/001 Rev A now refers to the retention of the staircase at the rear of the building which has been referred to by Castletown Heritage, Mr. Crowe and latterly by Castletown Commissioners. The plans also addresses concerns regarding travel distances within the building and drainage.

Assessment

There is concern from Castletown Heritage that the proposals would result in the loss of a rear staircase.

There is an objection from the Department of Transport Drainage Division regarding an absence of information relating to the capacity of the existing sewerage to accommodate foul and surface water from the development. They indicate that the permitted development in Callow's Yard may have taken up any spare capacity in the system. Following the submission of amended plans, the Department of Transport Drainage Division now withdraw that objection subject to the application of conditions.

Whilst the objection from the Fire Prevention Officer regarding means of escape is generally not considered a material planning consideration in most cases of domestic proposals, the Isle of Man Planning Scheme (Development Plan) Order 1982 makes the provision of adequate fire escapes and fire precautions necessary in buildings frequented by the public including hotels and buildings containing two or more dwellings (Part 3, 11 (2) xi) a material planning consideration. This part of the Isle of Man Planning Scheme (Development Plan) Order 1982 is still in force. There is as such a concern that the internal layout is not satisfactory in terms of fire escape.

The amended proposals should address both of the above concerns.

Conservation Officer'S Supplementary Report:

As 9-11 Malew Street is located within the Castletown Conservation Area, I have therefore considered the content of the application with particular consideration to POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS AND POLICY CA/4 PROPOSALS FOR PRESERVATION AND ENHANCEMENT as set out within Planning Policy Statement 1/01.

The proposed is the demolition of existing outbuildings to the rear of 7, 9 and 11 Malew Street and 4, 6 and 8 Arbory Street and their replacement with a continuation of the Retail Units on the site. The outbuilding to the rear of No.4 Arbory Street and No.7 Malew Street is not proposed to be replaced. Of consideration here is the historic interest of the site. I note that representations have been received from Castletown Heritage and The Survey of Douglas relating to the historic interest of the site, but at the time of writing, not from Manx National Heritage. In particular, the rear staircase to No. 11 Malew Street is noted as being of particular interest. Thankfully, the applicant has redesigned the scheme to retain this feature. Castletown Heritage has written in noting the amendments.

Attention is drawn to the note "No's 9 & 11 Malew Street (as far as engineering possible) to be Retained". Any structural concerns must be raised and thoroughly discussed with the Conservation Officer, Building Control and Health & Safety prior to any actions to demolish the buildings and a method statement prepared prior to any demolition to demonstrate how the existing buildings are to be retained and protected during construction.

To conclude, the architectural design of the proposed unit is a continuation of the design theme used across the site and previously approved and is therefore, unobjectionable.

Party Status

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.

Isle of Man Water Authority raise issues relating to servicing the development and should as such not be afforded party status in this instance.

Disability Access Officer raises issues relating to access to a building to be used by the public and as such should be afforded party status in this instance.

Fire Prevention Officer should be afforded party status in this instance as the matters raised relate to access to a publicly accessible building which is a material planning consideration.

Castletown Heritage are an interest group with specific interest in Castletown but are not directly affected by the proposal and as such should not be afforded party status in this instance.

The Survey of Douglas expresses views on historical and architectural issues but is not directly affected by the proposal and as such should not be afforded party status in this instance.

The occupant of 25 Arbory Street lives some little distance from the site and is not directly affected by the scheme and as such should not be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 23.04.2007

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2.

This permission relates to the demolition of the existing outbuildings and construction of a new retail and commercial link building all as shown in drawings reference 2007/002/001 Rev A received on 13th March, 2007.

C 3. Prior to the commencement of any works on site, including demolition, the applicant must have approved by the Planning Committee a method statement detailing how the existing structures which are indicated on the plans as being retained are to be protected during building works so that their integrity is not undermined by the works on site.

C 4. There must be no discharge of surface water to the main foul sewer.

N 1. The Applicant's attention is drawn to the recommendations of the Disability Access Officer, a copy of which is attached to this notice.

N 2. For a change in the water supply to premises (domestic or commercial) the applicant should contact the Isle of Man Water Authority Byelaws Inspector (Michael Karren), telephone 695957.

N 3. Prior to any connection to the main foul sewer the applicant must have the written permission of the Drainage Division of the Department of Transport: any future connection will be liable for a communication fee.

Decision Made : ... Committee Meeting Date : ...