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23/01196/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01196/B Applicant : Manxonia Limited Proposal : Variation of condition 2 of 21/01313/B to allow the premises to be open to customers between 0800hrs and 2345hrs and with an additional hour - 0800hrs - 0045hrs on New Year's Eve/Day Site Address : Manxonia House And Overcliffe Bay View Road And The Promenade Port St. Mary IM9 5DA
Planning Officer: Miss Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 18.12.2023 __
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.
C 2. No customers of the retail, tearoom or restaurant facilities hereby approved (Use Class 1.1 and 1.3) shall be served or remain in the building outside the following hours:
o 0800 hrs - 2345 hrs any day, and o 0800 hrs - 0045 hrs on New Year's Eve/New Year's Day.
Reason: The application has been assessed on this basis as requested in the application and in the interests of public amenity, and to separate the customers of the retail/tearoom/restaurant facility from the customers of the tourist accommodation.
This application has been recommended for approval for the following reason. The extended opening times are considered to be acceptable and not at odds with Environment Policies 22 or 23 or General Policy 2 (g) of the Isle of Man Strategic Plan 2016 and minded that the principle of these buildings being brought back in to use in line with the land use designations contributing to the vitality and growth of employment opportunities in Port St Mary remains a key factor weighing in favour of the overall proposal.
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23/01196/B Page 2 of 5
Plans/Drawings/Information; This approval relates to the following information all date received 19/10/2023: o DRG No. 2102/01 o DRG No. 2102/02 o DRG No. 2102/03 o DRG No. 2102/04 o DRG No. 2102/05, and o Planning Statement
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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 4(2):
o The Owners of Ballagreyney, Ronague Castletown - as they do not satisfy any of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status being more than 20m away, not referring to relevant issues or how it impact lawful use of their land. __
Officer’s Report
1.0 THE SITE 1.1 The application site relates to Manxonia House and Overcliffe, The Promenade, Port St Mary.
1.2 The site was recently approved for retail (use class 1.1) and tearoom food and drink (use class 1.3) and with tourist accommodation. Which was approved with an opening hours condition:
"C2. No customers shall be served or remain in the building outside the following hours: 9am - 11pm.
Reason: The application has been assessed on this basis as requested in the application and in the interests of public amenity."
2.0 THE PROPOSAL 2.1 Proposed is the variation of C2 to seek longer opening hours. Proposed is for both Manxonia and Overcliffe to be: o 0800 - 2345hrs Monday to Sunday inclusive o 0800 - 0045hrs on New Year's Eve/Day
3.0 PLANNING HISTORY 3.1 Material to this application are 21/00501/B and 21/01313/B in which the retail, food and drink and tourist uses were originally approved and under which works have been undertaken at the site.
4.0 PLANNING POLICY 4.1 The site falls within an area zoned as 'Mixed Use' on Area Plan for the South 2013 (Port Erin & Port St Mary). As such, General Policy 2 which sets out the general standards towards acceptable development is the key policy in the consideration of this application in this case (g) in respect of amenity impact. The site also sits within the proposed Port St Mary Conservation
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23/01196/B Page 3 of 5
Area (CA) and so further consideration shall be given to Environment Policy 35 in ensuring no harm to its potential conservation status in the future as well as the Character Appraisal for the CA. In light of the uses and extended hours regard shall be given to Business Policy 1 which supports such growth or employment opportunities while Environment Policies 22 and 23 address noise, smells and lighting along with assessing any increased amenity impacts.
4.2 The Area Plan for the South 2013 also contains a number of policies which cover the mixed use areas within the plan:
4.3 Mixed Use Proposal 2 states: "Within the Port St Mary Mixed Use area alternative uses to retail use on the ground floor of units may be acceptable if such uses would add to the vitality and viability of the Village. Residential uses will not normally be accepted, subject to the circumstances and merits of such a use. Applications will be considered on their merits taking into account the proposed use, impact on adjacent properties and impact on the character and appearance of the area."
4.3 Paragraph 6.6.2 clarifies appropriate uses for mixed use areas: "Development within an area of Mixed Use (as designated on the Proposals Map/Inset Maps) or those sites proposed for Mixed Use (identified on the Maps as 'Proposed Mixed Use') will comprise a mix of some or all of the following uses: residential; shops; financial and professional services; food and drink; research and development, light industry; hotels and hostels; hospitals, nursing homes and residential institutions; community uses; leisure; tourism and open space. For applications relating to sites proposed for Mixed Use, the mix and types of uses on the site will be determined on their merits in accordance with the Proposals in the Area Plan and the Isle of Man Strategic Plan Policies."
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Port St Mary Commissioners - no objections (22/11/2023).
5.2 Department of Infrastructure Highway Services - No Highways Interest (27/10/2023).
5.3 The owners of Ballagreyney - In Support (27/10/2023) - will bring valuable benefits to local community and growth of Port St Mary offering additional leisure and entertainment whilst bringing a valuable asset back into use and enhancing the village for its residents and visitors.
6.0 ASSESSMENT Previous approvals: 6.1 Both the 2021 applications are material in this assessment and as mentioned in the officer report for 21/01313/B the retail, tearoom, restaurant and tourist proposals would meet with the 'Mixed Use' land designation and accord with Development Plan policies seeking to direct such uses to existing town/village centres in order to keep them vibrant and viable, and given the sites location in the centre of Port St Mary village and amongst other commercial activities that the opening until 11pm would not be unreasonable or unsocial as to result in any adverse or severe impact on adjacent neighbours or surrounding environment and other licensing and legislation would likely offer a separate level of control too.
Current Proposal 6.2 This proposal seeks to extend the opening hours only, no physical works are proposed. It must be noted that the previous 11pm condition was included because this time was specifically what the applicant had requested and what was advertised to the public. The proposal now is to open 1 hour earlier (0800hrs) and close 45mins later (2345hrs) each day, and with a further extension on New Year's Eve and New Year's Day.
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Earlier Start Time (0800hrs) 6.3 The 8am start would not be unsocial or unreasonable given other facilities opening at similar times nearby and the general level of morning activity already occurring in the village by this time. It is the later opening that requires more detailed assessment in this case.
Later Closing Time/s (2345hrs and 0045hrs) 6.4 Given its size and scale the premises has ability to turn over a good number of covers and customers throughout the day and theoretically an extension to the opening times could see this number increase further, but in reality it's likely that the extended evening hours would be to extend and enhance the existing customers dining experience rather than to facilitate another dining sitting. It is unlikely that an extension by 45 minutes daily and to 0045hrs on New Year's Eve/Day would result in any significant increase in overall numbers compared to the original approval and whilst there could be some increased noise and disturbance around the departure of customers from parties and events that 2345hrs is not so unreasonable or so unsociable as to significantly adversely affect living conditions or amenity of neighbouring properties and on New Year's Eve and Day it would not be unreasonable to close to customers at 0045hrs being for annual special occasion and almost a level of activity expected at such times of year.
7.0 CONCLUSION 7.1 The proposed extended opening times as requested in the application by the applicant are considered in planning terms to be acceptable and not at odds with Environment Policies 22 or 23 or General Policy 2 (g) and it should be minded that the principle of these buildings being brought back in to good use and contributing to the vitality and growth of employment opportunities in Port St Mary remains a key factor weighing in favour of the overall proposal.
7.2 In terms of conditions the previous C2 could have been misunderstood as intending any customer including tourist occupant of the approved tourist unit also had to be off site by the specified time, therefore the suitably worded condition in this case will be in respect of the opening times to customers for the retail, tearoom and restaurant aspects only and separating this from customers of the tourist accommodation.
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.
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I can confirm that this decision has been made by the Head of Development Management 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 : 19.12.2023
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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