Officer Report

Application No.: 17/01173/B Applicant: Island Seafare Ltd Proposal: Siting of steel shipping container for storage of shellfish Site Address: Manesca Building The Quay Port St. Mary Isle Of Man IM9 5EA Case Officer : Miss Lucy Kinrade Photo Taken: 29.11.2017 Site Visit: 29.11.2017 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 11.12.2017 _________________________________________________________________

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 two years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The approved container may remain in place as shown in the submitted information for as long as it is used for its approved purpose until at the latest 31st August, 2020 whereupon it must be removed unless otherwise approved by the Department.

Reason: The container is clearly a temporary structure which should not remain in situ for longer than it is required.

Plans/Drawings/Information;

This approval relates to drawing number 1722-11 and 1722-12 and a supporting statement all date stamped and received 10/11/2017.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following persons should not be given Interested Person Status as they are not considered to be directly affected by the proposals or 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):

• The owner of 8 Lime Street, Port St Mary, Isle of Man IM9 5ED. _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT AS THE PROPOSAL RESULTS IN A DEPARTURE FROM THE AREA PLAN FOR THE SOUTH 2013.

1.0 SITE - 1.1 The application site forms part of the curtilage of the largest building at Island Seafare Ltd, The Quay, Port St Mary. The existing building is utilised for storage and factory processes relating to the running of the business. The standalone building is two storeys tall. The north-east elevation faces towards the harbour and adjoins a small yard bound from the boat store by a stone wall. - 1.2 The north-east gable elevation of the main building is approx. 13m long and comprises an access door and two windows at ground floor level and three windows and a service door at first floor. - 1.3 Within the curtilage of the site is an existing shipping container approved under PA 15/00839/B for the siting of a steel containing for cold water storage of shellfish for a temporary period up to 31/08/2020.

2.0 PROPOSAL - 2.1 Proposed is the siting of a steel shipping container adjacent to the north-east elevation of the existing building and within the small walled stone yard. - 2.2 The 6m long x 2.4m wide container is proposed to be utilised as a storage tank to keep shellfish alive prior to shipment.

- 3.0 PLANNING HISTORY

3.1 Aforementioned PA 15/00839/B for the retrospective siting of a steel shipping containing for cold water storage of shellfish was approved at the site for a temporary period up to 31/08/2020. - 4.0 PLANNING POLICY

4.1 The site lies within an area designated as 'Harbour Area' on Map 7 of the Area Plan for the South 2013, and also lies within the proposed Conservation Area of Port St Mary. The following policies are applicable to this application:

4.2 6.25.1 and Employment Proposal 4 of The Area Plan for the South 2013 explains that the harbours in Port St Mary are in active use and that expansion and introduction of marine based industry may be permitted as long as it does not prejudice the use of the harbour areas for leisure or tourist purpose. - 4.3 Employment Proposal 4:

"New industrial development within the harbour areas of Castletown and Port St Mary should be marine based, and of a scale which is appropriate for a relatively small port. Such development should where possible: be sited immediately adjacent to existing industrial uses; not adversely affect the amenity of neighbouring residents; and not prejudice the use of the harbour area for leisure 83 or tourist development by virtue of restricting access to existing or possible future leisure facilities. New industrial buildings must be designed and finished to a high standard so as to acknowledge the prominence and importance of the harbour-side location."

4.4 Although only proposed for Conservation and not officially designated as a Conservation Area it is important that we still consider Environment Policy 35 which states:

• "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."
• 4.5 General Policy 2 states:

"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;
• d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including watercourses;
• e) does not affect adversely public views of the sea; g) does not affect adversely the amenity of local residents or the character of the locality."

- 5.0 REPRESENTATIONS

5.1 Port St Mary Commissioners have no objection to the current planning application (27/11/2017).

5.2 At the time of writing the report the Department of Infrastructure Highway Services had no commented on the planning application (08/12/2017). - 5.3 The owner of 8 Lime Street has written in objecting to the application coming that this area of the harbour is already an eye sore and that the proposed development would only seek to make the issue worse. (19/11/2017).

- 6.0 ASSESSMENT

6.1 The application seeks approval the siting of a shipping container for the storage of shellfish within the small walled yard area directly adjacent the north-east elevation of the Island Seafare Manesca Building at Port St Mary Quay. The most important areas for consideration in the assessment of this application are the impact of the proposal on the character and appearance of the area, the impact on the surrounding area and local environment and whether it would seek to preserve or enhance the proposed Conservation Area in which the container will sit.

6.2 Following a telephone discussion with the applicant on 08/12/2017 it is understood that the existing container provides a temporary cold store for the storage of produce. The proposed container will provide a facility for the keeping of crab alive prior to their selling and shipment. The proposed tank will be serviced by a feed pipe directly from the sea which will ensure the holding crabs are kept alive. - 6.3 The applicant also explained that they had not opted for a longer term masonry built extension to the existing property as the current lease for the site expires in 2021. The container is to provide an immediate facility until the site can be formally secured for future use post 2021. - 6.4 In terms of the proposed container, the area is already of an industrial appearance, within which a container would not look so out of place. However the accumulation of such structures should not be endorsed. 6.25.1 of The Area Plan for the South 2013 explains that the harbours in Port St Mary are in active use and that expansion and introduction of marine based industry may be permitted as long as it does not prejudice the use of the harbour areas for leisure or tourist purpose and where possible the development should "not adversely affect the amenity of neighbouring residents" and that "new industrial buildings must be designed

• and finished to a high standard so as to acknowledge the prominence and importance of the harbour-side location." While the current application is a departure from this plan it is considered that the departure is a minimal one due to the temporary nature of the container and its minimal impact on visual and public amenity. The proposal is also considered to meet with the DEFA food strategy plans by helping a local business to increase their production of local produce this results in a boost to economic contribution.
• 6.5 The location of the container on the seaward most facing side of the building ensures that no views can be achieved from the rear elevations of those properties along Lime Street. The siting of the container within the existing yard also reduces the spill of development onto the boat store area and keeps it away from key routes utilised by the public to access the harbour or the piers.
• 6.6 As the existing harbour area is already of an industrialised form the installation of an additional container in this instance is unlikely to impact the character of the proposed conservation area.
• 6.7 Given the circumstances of the business and similar to the previously approved steel container it would be reasonable to add a condition relating to the temporary installation of the shipping container. Such a condition would help to limit the permanent siting of such units and help to give the applicant sufficient time to consider a long term plan which could result in a more permanent approach to the facilities required by the business.

- 7.0 CONCLUSION

7.1 Ultimately the proposed development complies with General Policy 2 and addresses Environment Policy 35 of the Isle of Man Strategic Plan 2016. Although the application is a departure from the Area Plan for the South due to its temporary nature and minimal impact on public and residential amenity the proposal is considered acceptable. A culmination of these kinds of structures is far from ideal and as such the application is recommended for approval subject to a condition relating to its temporary nature. - 8.0 INTERESTED PERSON STATUS

8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 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 in Article 6(4) 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 it under the appropriate delegated authority.

Decision Made : Permitted Committee Meeting Date: 15.01.2018

Signed : L KINRADE 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

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

Planning Committee Decision 15.01.2018

Application No. : 17/01173/B Applicant : Island Seafare Ltd Proposal : Siting of steel shipping container for storage of shellfish Site Address : Manesca Building

The Quay Port St. Mary Isle Of Man IM9 5EA Presenting Officer : Miss Lucy Kinrade Addendum to the Officer’s Report

Following request of the Senior Enforcement Officer it was considered that the initial recommended condition 2 be split into two separate and clearly worded conditions to ensure the enforceability of each. The Planning Committee discussed and considered the suggested alterations and considered the revised conditions acceptable and sufficient.

Conditions of Approval

• C 1. The development hereby approved shall be begun before the expiration of two years from the date of this decision notice.

Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The use of the container hereby approved shall cease on or before the 31st August 2020, unless otherwise approved in writing by the Department.

Reason: The container has been exceptionally approved solely to meet the short term needs of the business and its subsequent retention would result in an unwarranted intrusion to the harbour-side location.

• C 3. The container hereby approved must be removed and land shall be restored to its former condition within 1 month of the cessation of the use, unless otherwise approved in writing by the Department.

Reason: The container has been exceptionally approved solely to meet the short term needs of the business and its subsequent retention would result in an unwarranted intrusion to the harbour-side location.

Plans/Drawings/Information

This approval relates to drawing number 1722-11 and 1722-12 and a supporting statement all date stamped and received 10/11/2017.