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23/00650/C Page 1 of 7
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/00650/C Applicant : Hummingbird Promotions Ltd Proposal : Additional use of the site (Class 1.3 Food and drink) as a pop-up lounge bar for 32 operating days from Fri 4th Aug - Sun 3rd Sept with one week before installation from Fri 28th July to the opening on Fri 4th August and one-week de-rig from Monday 4th Sept to Monday 11th Sept Site Address : Old Swimming Pool Marine Parade Peel Isle Of Man IM5 1PB
Senior Planning Officer: Mr Jason Singleton Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 20.07.2023 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. Any temporary building/s and pre-erected tents hereby approved on this site shall not be in situ before the last week of July and shall be removed from the site by the first week of September. The use hereby approved shall only operate during the month of August in any year for 2023 and 2024. The site shall be restored to its former condition within 5 days of the temporary building/s being removed.
Reason: The application has been approved as an exception to the Development Plan on the basis of need for a period of two years.
C 2. Live/amplified music shall only be played in accordance with the opening times listed below;
Monday 1600hrs to 2200hrs Tuesday 1600hrs to 2200hrs Wednesday 1600hrs to 2200hrs Thursday 1600hrs to 2200hrs Friday 1600hrs to 2200hrs Saturday 1200hrs (noon) to 2200hrs Sunday 1200hrs (noon) to 2200hrs
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Reason: In order to maintain the residential amenities of the area and these are the times which have been submitted as part of the application and the application has been judged on these times.
C 3. The application must only be carried out in accordance with the coloured site plan, received and dated 31 May 2023.
Reason: for the avoidance of doubt and due to the application being assessed on this information only.
C 4. No customers shall be served or remain on site outside the following hours;
Monday 1600hrs to 2200hrs Tuesday 1600hrs to 2200hrs Wednesday 1600hrs to 2200hrs Thursday 1600hrs to 2200hrs Friday 1600hrs to 2200hrs Saturday 1200hrs (noon) to 2200hrs Sunday 1200hrs (noon) to 2200hrs
Reason: In order to maintain the residential amenities of the area and these are the times which have been submitted as part of the application and the application has been judged on these times.
This application has been recommended for approval for the following reason. The proposal is could be deemed to correspond with the overall principles of Strategic Policy 2, General Policy 2 and Recreational Policy 2 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This decision relates to drawings and supporting information received on 31 May 2023. __
Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):
7 Queens Avenue 10 Rock View 59 Douglas Street Sea Peep 10 Patrick Street 18 Church Street 5A Victoria Terrace Thie Manninagh 37 Stanley Terrace/Christian Street 41 Stanley Terrace
as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of
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land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. __
Officer’s Report
THE PLANNING APPLICATION IS BEFORE THE COMMITTEE AT THE REQUEST OF THE PRINCIPAL PLANNER
1.0 THE SITE 1.1 The application site identified in red is to the north east part of the Peel Promenade and is referred to a Marine Parade and currently used as a level area that is astro turfed and acts as open space for the public to use and is adjacent to the skate park.
2.0 THE PROPOSAL 2.1 Proposed is the additional use of the site to operate for approx. one month of August 2023 for a pop up lounge bar that would see the area being utilised for seating though 16 No. cabanas measuring approx. 2.4m x 2.4x3m high. Also proposed is the placement of approx. 32 deck chairs, a mobile DJ Booth and two bars under marquees. In total three marquees (6m x 3m; 3mx3m; 3mx3m). Toilets will be provided though 6 temporary toilet blocks (3 x Urinals, 3 x toilets, and disabled toilet with baby changing facility to be located next to the bins.
2.2 The application is advertised as; "Additional use of the site (Class 1.3 Food and drink) as a pop-up lounge bar for 32 operating days from Fri 4th Aug - Sun 3rd Sept with one week before installation from Fri 28th July to the opening on Fri 4th August and one-week de-rig from Monday 4th Sept to Monday 11th Sept."
2.3 The applicant notes; "With a formal letter of support from the Peel Commissioners and support from the local Peel MP and many of the community we believe the premium pop-up Lounge bar is adding huge value to the area giving a safe space for young professionals and families alike to enjoy the beautiful surroundings of Peel and the amazing sunsets. No structural changes needed on the site as we are using all mobile structures & using the existing power supply on site (see site map for details)" o Meta Lounge premium pop-up Lounge bar o Operating dates - Fri 4th August - Sun 3rd Sept o Operating times - Monday - Sunday - 12midday - 10 pm ( This is clarified in para 6.9) o Install dates - Fri 28th July - Thurs 3rd Aug o De-rig dates - Mon 4th Sept - Mon 11th Sept
2.4 Also included with the application is a letter of support "in principle" from Peel Town Commissioners dates 28 April 2023 for the applicant to progress with their proposals and offers additional assistance for the necessary statutory approvals and licenses.
3.0 PLANNING POLICY 3.1 The application site is identified on the 1989 Peel Local plan as an area within "Tourism" and referenced in the Peel written statement as site 15.
3.2 Within the 1989 written statement accompanying the local plan, this site No. 15 refers to para 13.4 where it notes; "Part of the marine parade area has already been approved for hotel use and some of the adjoining open space will be required to complete the development".
3.3 The site is not identified within the Peel Conservation Area 1990.
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3.4 On the emerging draft Area Plan for the North and West (Map 6- Peel) is within the settlement boundary of Peel and is zoned as 2Open Space for Practical Purposes" with a referenced to the written statement of PO-007, where it notes on page 111; "Open Space and Community Proposal 2: o "Site PO007 on the northern end of Peel Promenade is recognised as important recreation and leisure space. Opportunities to enhance these facilities or introduce new compatible uses that would not detract from the primary use of the site for recreation and leisure space will be considered on their merits, taking into account overall scale, design and layout, traffic generation and other planning considerations".
The site is not identified as being within an area of High risk of tidal flooding, nor are there any registered trees or trees groups.
3.4 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Spatial Policy 2 Peel is a named service centre
General Policy 2 General Development Considerations
Environment Policy 22 Protection of the wider environment and properties through nuisances
Recreation Policy 2 loss of open space or recreation facility (a) (b)
4.0 PLANNING HISTORY 4.1 The application site has not been subject to any relevant planning history that is considered relevant in this instance.
5.0 REPRESENTATIONS (in brief) 5.1 Peel Town Commissioners have not commented at the time of writing.
5.2 Highways Services do not object (14.06.23) "Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking on Planning being satisfied on the existing and proposed parking arrangements and impact on amenity. It is noted that the Commissioners have offered parking space and this should be confirmed. Appropriate temporary restrictions are requested to apply".
5.3 DoI Flood Risk Management (14/06/23) do not object.
5.4 The department has received the following comments from residents of Peel who OBJECT to the proposals; o 7 Queen Avenue (05/06/23) o Rock View (16/06/23) o 59 Douglas Street (05/06/23) o Sea Peep (08/06/23) o 10 Patrick Street (09/06/23) o 18 Church Street (12/06/23) o 5A Victoria Street (13/06/23) o Thie Manninagh (12/06/23) o 37 Stanley Terrace Christian Street (18/06/23) o 41 Stanley Terrace (29/06/23)
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who between them raise the following material planning considerations that have been thematically categorised;
General Development impacts; o No consultation with local service industries in Peel o Negative impact upon local rate paying trade and businesses o Availability of Parking o Loss of open space for children and families during the holiday periods o Loss of dog exercising areas over to car parking o Commissioners own the land and not fully endorsing the event at this stage o Commissioners offering the land for a peppercorn rent is not fair for rate payers o Safety of visitors if using the headland paths (no fencing & no illumination) o Loss of business to local drinking and catering businesses o Potential for noise nuisance and amplified music o Environmental Issue on the use of portable toilets o Parking / use of the field or cars let over night o Litter around the site and wider disruption from seagulls o Restriction of the public footpaths o The round tables are for the public and not for private organisations
6.0 ASSESSMENT Principle
Visual Impact Neighbouring amenity Nuisance Highway Safety
Principle 6.1 The application site falls within the settlement boundary of Peel and within an area zoned for 'Tourist' development and as Peel is further designated as a service centre (SP2) in the 2016 SP there could be a general presumption in favour of development, provided such development would not have an adverse impact subject to further assessment below. The proposed use as a seating area would be in conjunction with the food, drink and music for 4 weeks (August 2023) would not be seen to permanently alter the use over and above the current use for public use parse this application would be formalising the area for dedicated seating though temporary deck chairs, marquees and cabanas, all temporary structurers. The proposal could be cross referenced with Business Policy 10 that seeks any retail development is only permissible in town and village centres.
6.2 A concerns is the temporary loss of the public open space area and what that might mean for the wider public. Given its temporary nature and in referencing to Recreation policy 2, this makes allowances through (b) where there is a community gain from the development, and the particular loss of the open space would have no significant unacceptable effect om the character or amenity of the area.
6.3 With the above in mind, and the temporary nature and that there is no permanence of the proposals, the use (during august) would still be available for the public to use, albeit in a different form. The proposed use as noted in the applicants supporting literature is aiming the proposals to a target audience of; "20-somethings + young professionals with disposable income looking for a premium experience in beautiful locations. Young Families looking for a safe space to relax with loads of activities for kids of all ages. Tourism trade local and overseas to enhance the Peel experience".
6.4 Finely balancing the above narrative, and the short term use of the site for a recreational / licensed premium pop-up lounge bar, could be seen to be compliant with the above policies but further aspects of this application need to be examined below.
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Visual Impact 6.5 The proposed structures / marquees would act as an enclosure around those specific uses (DJ booth and bars) for the general public or customers to use as part of this "experience" and whilst introducing a new use could help with a degree of community gain for the area, albeit not to everyone's liking.
6.6 Whilst the information provided states the mitigation that has been taken to limit the noise impact to neighbouring properties, it is inevitable that due to the location of the site and due to the scale/nature of the proposed event that there could be an impact upon the amenity of nearby properties. Objections have been received, of which they are mostly concerning the noise side and not the physical elements of the proposal.
6.7 Given the limited built forms on site and the temporary nature of the proposal, its installation would not be out of keeping with the area and would not result in any visual or amenity harm to cause concern, as such it would be considered to be in compliance with Gp2b.
Neighbouring Amenity 6.8 Noting the above comments received against the proposal, arguably this is mostly concerning noise nuisance. The ability to serve alcohol and play amplified music would be part of a separate licensing authority by the IOM Govt and may not be forthcoming. Nevertheless the physical aspects of this application (use and noise discussed below) would not be seeking to permanently alter the site but merely erect a temporary structure around a proposed seating area. Given the proximity of the site in relation to the nearest residential dwelling, albeit at different levels, it is not considered to have any adverse impact upon their amenity or general use of their dwellings in planning terms and would be in accordance with GP2g.
Nuisance 6.9 The use of the site has the potential to create a statutory nuisance though noise (socially and through amplified music) and the operating times as stated are "Monday - Sunday
6.10 The applicant further clarifies; " we are only expecting local trade in the week Mon - Fri so no traffic management plan is needed for that, for the Saturdays and Sundays to eliminate any more traffic coming down to Peel the Peel commissioners kindly offered to set up a temporary car park space on the weekends on the headlands, we will also in our marketing encourage people to use local transport and if need be we can look at options of a shuttle bus from Douglas but we truly believe the temporary car park on the headlands ( not the whole headlands just a part of it will be more than enough, not just for us but for Peel tourism in general )".
6.11 Overall whilst the planning system cannot control how a site is managed, and nor can it control how people will behave or the hours of the day that people would come and go from the site. It is clearly in the operator's interest to ensure that the site is properly managed, not only for local residents but also to ensure future possible events.
Highway Safety 6. 12 In terms of highways safety it is noted the highways authority do not object and the commissioners have offered the use of the fields above. However this application can only be considered on "what is within the red line" and as these fields are outwith, can only be at the discretion of the Commissioners and not considered here as part of this application. Given the lack of objection from the Highways Authority this aspect of the proposal could be considered to be compliant with GP2 h&i.
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7.0 CONCLUSION 7.1 For the above reasons, it is concluded that the proposed use of the site for one month could be an appropriate form of development for the site on a temporary basis. It would be prevalent to add a condition limiting the use to only this year and next in order to fully understand any wider impacts and to ensure that the proposals do not harm the use and enjoyment of neighbouring properties or the surrounding character of the area.
7.2 On balance, the proposal could be seen to comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for approval with conditions limiting the use as prescribed above.
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. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 07.08.2023
Signed : J SINGLETON Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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