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{{table:162280}} ### Considerations ### Written Representations ### Consultations
The site represents the footprint of the apartments permitted through the conversion of numbers 1, 3 and 5 Queen Street (PA 03/0803 - see below). The site sits between St. Mary's Church and 1a The Parade (The Warehouse), and to the south west is 7, Queen Street and the remainder of the terrace of residential properties which lead out of Castletown towards Scarlett.
The application also refers to space to the rear of Balcony House annotated as "Existing parking provision for proposed bin store behind Balcony House to be allocated to 1, 3 and 5, Queen Street apts" although this is not within the defined site.
The site lies within an area designated on the 1991 Castletown Local Plan as Residential. The sites opposite (5, The Parade) and to the north east (The Warehouse and St. Mary's) are designated as part of the town centre and as Mixed Use reflecting the more commercial nature of the square.
On the draft Area Plan for Castletown, dated 2001, the site is also designated as Residential.
These three properties have been the subject of a number of applications as follows:
| Application No.: | 07/00444/B |
| Applicant: | Dr J C Taylor |
| Proposal: | Revision of condition 2 of planning approval under 03/00803/B relative to car parking provision |
| Site Address: | 1, 3 And 5 Queen Street Castletown Isle Of Man |
| Case Officer: | Miss S E Corlett |
| Photo Taken: | |
| Site Visit: | |
| Expected Decision Level: | Planning Committee |
| Consulttee: | Highways Division |
| Notes: |
PA 00/0303 - demolition of existing and erection of replacement dwelling - permitted PA 96/1549 - demolition of existing and erection of new dwelling, 1, Queen Street - permitted on review PA 97/2228 - redevelopment to create new building housing two apartments - 3 and 5, Queen Street - refused on appeal PA 00/1002 - erection of two replacement dwellings - 3 and 5, Queen Street - permitted PA 00/1990 - creation of one dwelling - 1, 3 and 5, Queen Street - permitted PA 01/0523 - amendment to approved dwelling - 1, 3 and 5, Queen Street - split decision PA 02/1649 - amendments to approved dwelling to create six apartments and one maisonette - refused on appeal PA 03/0803 - conversion of 1, 3 and 5 Queen Street to provide four flats and two maisonettes - permitted on appeal.
The application proposes to remove one of the conditions of the latest planning permission (PA 03/0803). This condition, numbered 2 which states "None of the works hereby approved shall be undertaken and none of the units of accommodation hereby approved shall be occupied prior to the availability, covenanted by an Agreement made under Sections 18 and 19 of the Town and Country Planning Act 1991, of parking facilities: 3.5 spaces to the rear of Balcony House and 1 space at Farrant's Way leased from Castletown Town Commissioners or otherwise in accordance with the said Agreement. The parking shall be laid out generally as shown on drawing C.483/50 and shall be retained permanently as dedicated parking for the occupiers of 1, 3 and 5, Queen Street, except as may be varied in accordance with the terms of the said Agreement".
This Agreement was made and registered as a Deed in the Registry on 6th June, 2005.
At the time of the application for the works to 1, 3 and 5, Queen Street, that site and that opposite - 5, 6 (Balcony House) and 6A, The Parade were all owned by the applicant. Since then, the applicant has indicated his wish to sell the properties in The Parade and as such, the use and potential development of Balcony House and the sale thereof is now potentially being inhibited by the requirement to provide parking spaces to service those in the 1, 3 and 5, Queen Street development.
The applicant now wishes the spaces to be provided by way of the use of 4 car parking spaces in the Commissioners' public car parks which is effectively half a space short of those agreed in the planning application conditions and in the Agreement. The relocation of the spaces was able to be varied under the terms of both the condition of approval and the Agreement, but the number of spaces and the permanence of their provision was not. This application effectively seeks to reduce the number of spaces provided by half a space and to provide them on a temporary basis through leasing from the Commissioners.
My understanding of the leasing scheme is that the leases run from April 1st every year and in March, anyone with a current lease is contacted by the Commissioners, are advised of any change in annual rent and asked whether they which to avail themselves of the space(s) for a further year. Spaces are let to individuals and are not tied to or specifically associated with properties. The spaces which the applicant has previously had (up to 31/03/07) are adjacent to the coach park off Farrant's Way and one space in the George Paddock car park opposite Queen Street and two spaces in the Chapel Lane car park (near the Old School House/St. Mary's Chapel). Two of the spaces are very close to the three and a half to the rear of Balcony House which were promoted in the last application.
These spaces, whilst available for renewal every year cannot be ensured nor can the Department require that they are provided if this application is permitted. Of course, those in the apartments may not want to have the reserved spaces which are allocated and may choose to park closer to their apartment if such spaces are available, for example in the Square. Some of the occupants of the apartments may not have a vehicle or want a parking space at all.
Castletown Commissioners have confirmed that payment has been received from this applicant for five spaces although only four may be for use in connection with 1, 3 and 5, Queen Street as has been confirmed previously by the applicant's legal representation.
The applicant supports the application to remove the requirement for the parking by suggesting that the development has reduced the amount of bedrooms and therefore possibly the amount of parking which 1, 3 and 5, Queen Street could generate. He also points out that parking spaces have never been available for this building, or indeed for many of the houses in Queen Street.
Since the consideration of PA 03/0803, the application for the re-development of the substantial area between Arbory Street and Malew Street has been considered. This proposal, PA 05/1539 proposed the erection of 14 houses, the creation of 10 apartments, 3 maisonettes, 9 retail units, a public thoroughfare linking Arbory and Malew Streets to include public amenities in the form of a coffee shop, town square, public garden and stone arch bridge and was permitted on appeal by the Minister who made no requirement for the provision of parking spaces to service the development. The Inspector had recommended that the application be refused on the basis that there was no provision for parking and the Committee had previously required there to be 27 parking spaces provided. It transpired after the initial decision which required this, that such spaces could not be provided on a permanent basis by the Commissioners and would be available only during the evening, when the majority of spaces were said to be available anyway. As such the Committee felt it inappropriate to require parking spaces through a condition. It could be argued now in connection with this application for 1, 3 and 5, Queen Street that policy or the application of policy has changed and that a more flexible approach to the provision of car parking is now being applied. The Local Plan of 1990 states that "IN REDEVELOPMENT AND TOWN LOCATIONS, THE CAR PARKING REQUIREMENTS WILL BE DETERMINED WITH REGARD TO SPECIFIC CASES AND ON THE BASIS OF BED SPACES AND POPULATION GENERATED" (paragraph 7.10 - Future Residential Development). It also states that discretion as to the application of the parking standards will be exercised if an otherwise acceptable proposal is to be prejudiced for example, development of or near to a Registered Building or development in a Conservation Area (paragraph 7.9).
In this case the development is near and has an impact on a Registered Building (Balcony House) and is within the Conservation Area.
It is difficult to say, from reading the Inspector's report whether the original approval for the works to 1, 3 and 5, Queen Street (03/0803) would have been permitted if the 3.5 proposed spaces to the rear of Balcony House had not been proposed and the applicant had, at the time proposed spaces in the public car park as he is now. PA 02/01649 proposed no parking at all for the six apartment and maisonettes proposed then. It is clear that at least one of the spaces was acceptable to be provided in the public car parking area under that application.
It is clearly of importance that Balcony House, as a prominent Registered Building within the Conservation Area is able to be restored and used in a manner which will ensure its continued maintenance and as a self-contained unit, with number 5 and 6A, it is clear that the availability of the rear yard for parking is essential if an acceptable use is to be found for this building and its immediate neighbours. As such, I not only consider this application for disassociation of the parking spaces and the rear yard from 1, 3 and 5, Queen Street to be acceptable, I consider it to be beneficial to the future use and development of Balcony House which is Registered: 1, 3 and 5, Queen Street are not Registered. The local plan makes provision for the discretion in the application of parking standards where development is near to a Registered Building and in this case, in my view, the provision of parking in the way it was proposed may adversely affect the future of the Registered Building in question. The alternative provision of the three spaces (in addition to the one already provided for in the Agreement) in the Commissioners' car park is also acceptable.
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.
Recommended Decision: Permitted
Date of Recommendation: 20.04.2007
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. This permission relates to the deletion of condition 2 of PA 03/0803 thus no longer requiring the provision of 3.5 parking spaces to the rear of Balcony House.
Decision Made : _________________________ Committee Meeting Date : _________________________
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