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Application No.: 09/00380/B Applicant: Mr Martin Brunnschweiler Proposal: Creation of an out door seating area and installation of awnings to front elevation with associated lighting and heating (Re-advertised due to amended plan received) Site Address: Bay Hotel Shore Road Port Erin Isle Of Man IM9 6HL Considerations Case Officer: Miss S E Corlett Photo Taken: 07.04.2009 Site Visit: 07.04.2009 Expected Decision Level: Senior Planning Officer Written Representations Harbour Lights 5 Ballafurt Close Port Erin Isle Of Man Supports the proposal 33 Ballaquark Douglas Isle Of Man IM2 2EY Objects to the proposal Cashtal Vanannan Dandy Hill Port Erin Isle Of Man Objects to the proposal Consultations Consultee: Highways Division Notes: Objection. 25.11.09 - do not oppose subject to the imposition of the following conditions, Consultee: Port Erin Commissioners Notes: Defer consideration until after the 14th April 2009. 16.04.09 - approved.
THE SITE The site represents a strip of land outside the Bay Hotel. The site represents what is presently public highway, running immediately alongside the hotel.
5 January 2010 09/00380/B Page 1 of 5
The site is within an area designated on the Port Erin Local Plan of 1990 as Tourism/residential and on the draft Southern Area Plan published on 23rd October, 2009 as Mixed Use and within a Proposed Conservation Area. This will be the subject of a consultation exercise separate from the Area Plan but running at a similar time.
The promenade in front of the hotel, of which the application site forms part, is subject to tidal flooding, as noted on the draft Area Plan.
The following applications have been submitted in respect of the Bay Hotel itself: PA 00/02111/B - Alterations and refurbishment of hotel to create Public House and six flats Re-advertised amended plans. Review Decision - Permitted on Review 31st July 2001 Conditions
PA 05/01914/B - Additional use of apartments as tourist accommodation, installation of roof window above staircase to rear elevation and erection of a bin store and escape staircase to west elevation (Amendment to approved PA 00/02111) Initial Decision - Permitted 22nd November 2005 Conditions
Proposed is use of the footway for seating in conjunction with the eating and drinking served by the public house, together with the re-routing of the footway around the new seating area which will be 2.3 m wide and enclosed by a stainless steel frame with canvas infills.
The carriageway will be reduced by 2.4 m for the length of the seated area and will be between 6.5 m and 8.2 m wide.
The applicant has discussed the proposal with the Department of Transport regarding land ownership and road safety and has amended the plans, reference 1412-02A. This now shows the seating area extending into the road by 2.4 m covered in decking and a footway provided around the decking, offering a 1.1 m wide pedestrian way. A canopy will be attached to the building, extending out as far as the decking with lighting and patio heaters beneath. The decked area and footway will be separated from the carriageway by timber posts with metal chains suspended between.
The residents of Cashtal Vanannan objected to the initial application on the basis that this will obstruct the highway, will exacerbate disruption of those using the beach and will reduce the width of the carriageway and increase traffic congestion. They also object to the amended plans on the basis that the additional capacity will put additional demand on toilet facilities within the public house and
that this may exacerbate people using the beach for this purpose. They also query the safety of the facility and ask whether an assessment has been undertaken regarding the safety of those using the proposed facility and those trying to cross the road.
The occupants of Harbour Lights, 5, Ballafurt Close support the application Department of Transport Highways and Traffic Division initially objected to the application suggesting that the applicant does not own the site and that the reduction in car parking will be unacceptable. However, following discussion and the submission of amended plans, they raise no objection to the application provided that access must be maintained to all existing road gullies, service boxes and chambers, that the temporary footway must be ramped so that it is usable by those in wheelchairs and pushing prams and pushchairs. They also note that the new area of decking will be the responsibility of the application for the time it is in place.
A resident of Douglas objects to the installation of heaters, suggesting it is unnecessary and environmentally unfriendly and also comments that the application is erroneous in that part of the site is owned by the Department of Transport.
Port Erin Commissioners raise no objection to the application.
The proposed works will extend the facilities available at the public house which will boost its attraction to visitors and locals alike. The area is designated for uses including tourism and the proposed use will not be contrary to this. The pedestrian movement along this site of the promenade will be changed but not adversely affected and the provision of the post and chain fencing may help control people, particularly children running straight out into the road from the public house or this side of the road, to get to the beach.
Whilst concern has been expressed regarding the number of toilets, the Commissioners, who will be aware of the behaviour of the public on and around the beach, have not shared this and raise no objection. There are toilets within the public house and it is unlikely that customers using the decked seating would cross the road to go to the toilet on the beach rather than going into the public house itself to avail themselves of these facilities.
Whilst the promenade is subject to tidal flooding, the proposed works do not exacerbate the likelihood of flooding and in the event of flooding conditions, people are most unlikely to be on the decked area so there is no flood-related reason for the application to be refused.
The use of heaters is not new and has been introduced at other public houses on the Island - the Queen's Hotel on Douglas Promenade, The Crosby Hotel, the Bridge in Douglas all have patio heaters and outdoor seating and all provide an opportunity to take advantage of the views from each location whilst still eating or drinking - there is no policy objection to this. Rather the policies in the Strategic and draft Southern Area Plan support the development of retail and tourist facilities in established settlements.
The support of the Department of Transport is now provided, both in terms of their ownership of the carriageway and their responsibility for the safety of all road users - those in vehicles and those on foot.
As such, the proposal is considered to be worthy of support and is recommended for approval.
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 Cashtal Vannanan, 5, Ballafurt Close and Douglas are some distance away and are not directly affected and should not be afforded party status in this instance.
Recommended Decision: Permitted
Date of Recommendation: 05.01.2010
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 created of a decked area for seating in association with the operation of the Bay Hotel, together with diverted pedestrian footway, all as shown in drawing 1412-09A received on 2nd December, 2009 and 1412-01 received on 5th March, 2009.
C 3. The diverted footway must include provision to enable a continuous, unstepped surface for users, including those with pushchairs and prams and those in wheelchairs.
C 4. Access must be available to existing road gullies, service boxes and chambers underneath the decking.
I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer
Decision Made : Permitted Date : 12 January 2010
Signed : ______________________________ Senior Planning Officer
5 January 2010 09/00380/B Page 5 of 5
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