DEC Officer Report

Application No.: 22/00540/B Applicant: Port Erin Paddleboards Ltd Proposal: Installation of panelling and rendering Site Address: Former Shelter Shore Road Port Erin Isle Of Man IM9 6HL Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 30.06.2022

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.

Reason: To comply with Article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason.

The proposal is considered to be in accordance with General Policy 2 of the Isle of Man Strategic Plan 2016, and Mixed Use Proposal 3 of Area Plan for the South, in that no unacceptable visual, residential amenity or other impacts were identified.

Plans/Drawings/Information; This decision relates to Drawing Nos. 1, 2, 3, 4, 5, 6, 7 and 8, all received 6 May 2022. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The site is the footprint of an existing public shelter, which is one of two identical public shelters situated on the south eastern side of Shore Road and on this part of the promenade. The shelter has behind it a grassed bank which incorporates a footpath link up to Dandy Hill. Port Erin beach sits on the other side of the promenade. - 1.2 The shelter which is the subject of the current application is situated further north along Shore Road. This shelter has partly open sides, partly glazed frontage with split stone faced pillars splitting the building visually into three equal parts all under a wavy roof. There is a row of seats inside the building offering its occupants a view of the sea.

2.0 THE PROPOSAL - 2.1 Planning approval is sought for installation of panelling and rendering. The works would involve adding filling panels to front elevation above windows and rendered over. Also, filling panels would be added to both side elevations above windows, with the panels to be rendered. Lockable secure doors would be installed at each end of the structure. - 2.2 The applicants have provided the following additional information on the application form:

• i. Work will replicate and match existing the work done to the southernmost wave's shelter, providing visual continuity.
• ii. Port Erin Paddleboards is now in its 5th year. It has grown and developed with the support of the D of E and Port Erin Commissioners. As a result of its growth, the business needs more space to accommodate extra water sports equipment required to meet increasing demand.
• iii. As a primarily seasonal business they are hoping to complete the second shelter before the high season of summer 2022.

2.3 Signage is to be introduced on the front panels of the structure to hold business signage (above the glazing), but this will need to be the subject of an application under The Control of Advertisements Regulations 2013 and as such would not be assessed as part of the current application.

3.0 PLANNING POLICY - 3.1 The site lies within an area designated on the Area Plan for the South Area Plan for the South as Mixed use and within the village's proposed Conservation Area identified in the Area Plan. The shelter is on the edge of an area considered prone to high tidal flood risks. - 3.2 Due to the nature of the scheme and the location of the development, the following parts of the Strategic Plan are considered relevant:

• 3.2.1 General Policy 2: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;

• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;

• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways and (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan."

• 3.2.2 Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted.
• 3.2.3 Community Policy 3: Development (including the change of use of existing premises) which results in the loss of a local community facility (other than shops and public houses) will only be permitted if it can be demonstrated that it is no longer practical or desirable to use the facility for its existing use or another use likely to benefit the local community.
• 3.2.4 Community Policy 7: The design of new development and the extension and refurbishment of existing buildings and development must, as far as is reasonably practical, pay due regard to existing best practice so as to help prevent criminal and anti-social behaviour.

3.3 The following parts of the Area Plan for the South Written Statement are also considered relevant:

• 3.3.1 Mixed Use Proposal 3: It is proposed that the Mixed Use area in Port Erin is extended to cover the Lower Promenade to encourage a diversity of uses which would add to the overall vitality and viability of the Village (see Map 7).
• 3.3.2 Paragraph 6.6.1: "In order to achieve town and village centres which are attractive, viable and full of vitality it is essential to encourage a mix of different uses to locate within the Mixed Use areas. This will include elements of retail, office, light industrial, community facilities, leisure and tourism uses and residential as well as dedicated public spaces which will be a focus for community activity. Uses which are not compatible with residential developments will not be supported within the Mixed Uses areas. Generally there will be a presumption in favour of changes of use between the range of approved uses. Whilst planning approval may be required for some changes, this would normally be supported subject to the buildings being suitable for the new use".

4.0 PLANNING HISTORY - 4.1 The application site has no planning history. However, the previous application for the other identical public shelter under PA 19/00269/B is considered relevant to this application. Under PA 19/00269/B, it was considered that the shelters were not in good repair with the local authority stating that the shelters were not particularly well used. It was also demonstrated that the use of the structures would not impact on parking as there was ample nearby on-street parking to accommodate vehicle visits to the site; a condition that has not been considerably changed since that approval.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in a letter dated 13 May 2022. - 5.2 DEFA's Assistant Registered Buildings Officer has made the following comments on the application (30 June 2022):

• o The building is not historic, likely to date from the mid to late 20th century.
• o Whilst there is not a character appraisal for the proposed Port Erin Conservation Area, it is unlikely that this former shelter and its twin nearby would be judged to be significant

• examples of the general character of the area. However, the shelters do have an interesting form and their roof profile in particular is very recognisable along the lower promenade.
• o The proposed alterations to the shelter, would appear to be relatively sympathetic, generally reversible in nature, and to be in a manner that retains the building's overall style. I would judge that the proposals are unlikely to prejudice the future designation of the proposed conservation area.

5.3 Port Erin Commissioners support the application (18 May 2022). - 5.4 No comments have been received from neighbouring properties.

6.0 ASSESSMENT - 6.1 The key considerations in the assessment of this proposal are:

• i. The Principle
• ii. Visual impact
• iii. Flood Risk Impact

6.2 The principle (GP 2, CP 3 & Mixed Use Proposal 3 of Area Plan)

• 6.2.1 In assessing the acceptability of the principle of the proposed scheme, it is noted that the site is within the Shore Road mixed use area located centrally within Port Erin and within walking distance to shops, attractions and bus services. As such, the development which would facilitate the tourist/retail use of the building would be appropriate for the area, and in keeping with the Area Plan for the South land use designation and wider planning policy.
• 6.2.2 In terms of the loss of this community facility to a restricted commercial/tourist use, it would be vital to note that this was already accessed under the previous application for the other public shelter under PA 19/00269/B where the local authority noted that the shelters were not particularly used (see Paragraph 6.1 of the Officer Report). It is also vital to note that the proposal would put the building into more productive use with some retail benefit which would be in keeping with the mixed use character of the area. Moreover, the changes would provide a use for the structure which is closely associated with the nearby shore and sea. Besides, the proposal would provide for tourism which is generally associated with the area, and would not unacceptable reduce the overall amenity offering in the town.
• 6.3 Visual Impact (GP 2)

• 6.3.1 With regard to visual impact, it is considered that the structures as existing are not particularly attractive in themselves but play a part in the character of the streetscene. This building is also not in a particularly great shape (in terms of appearance) and as such the works would serve to improve the appearance of the structure without losing its character which is typified by the wavy roof structure that would remain unaltered.
• 6.3.2 Similarly, the changes to the structure are such that could easily be reversed with the structure being easily returned to its previous use as a shelter accessible to all visitors to the beach area.

6.4 Flood Risk Impact (EP 13 & GP 2)

• 6.4.1 In terms of flood risk impacts, it is noted that the site is on a margin with a high tidal risk flood zone given its proximity and ground level relative to the sea. The front of the site lies within this zone, with the central and rear parts of the building outside of it. It is, however, considered that the use of the building would only be seasonal and limited, and would not involve permanent occupancy. As such, it is not considered that its use would result in significant flood risk to future occupants. Besides, the addition of the doors to the sides would serve to limit water ingress to the building itself which would be in the interest of flood safety given its non-permanent occupancy. Based on the foregoing, it is not considered that there would be unreasonable risk or unacceptable risk from flooding resulting from the development sufficient to warrant refusal of the scheme.

6.5 Other Matters

• 6.5.1 No new confined spaces with easy access to those outside the site would be created, which would serve as easy hideouts for criminal activity or antisocial behaviour. As such, it is considered that these elements of the scheme aligns with the requirements of Community Policy 7.

7.0 CONCLUSION - 7.1 For the above reasons the application is considered to comply with General Policy 2 f the Strategic Plan, and therefore recommended for approval.

8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 01.07.2022 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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