DEC Officer Report

Application No.: 20/00410/B Applicant: Conrod Limited Proposal: Alterations, creation of external seating area, erection of ticket kiosk, and installation of flue (part retrospective) Site Address: Boathouse Cafe Mooragh Park Ramsey Isle Of Man IM8 3AP Planning Officer: Miss Lucy Kinrade Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 23.06.2020 _________________________________________________________________

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.

While the creation of the outdoor seating area could be considered contrary to the principles of the open space designation of the site, the proposal is expected to facilitate the recreational facilities and outdoor pursuits in the area and is considered to comply with Paragraph 10.3.5, Recreation Policy 2 and Community Policy 7 of the Strategic Plan 2016.

Plans/Drawings/Information;

The application relates to drawing numbers 001, 002, 100, 110 Rev A and 220, and a covering letter all date stamped and received 16/04/2020. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR AN APPROVAL

1.0 SITE - 1.1 The application site comprises the existing Boathouse Café and adjacent seating area situated on the southern side of Mooragh Park Lake, Ramsey. The café sits within a larger shared building also providing changing and general facilities for leisure operations. The building sits adjacent to and below the level of North Shore Road, towards the rear of the building is a secured kayak storage area. - 1.2 The building is single storey and finished with a part hipped part flat roof. There is a tower feature at the western corner. The café area subject to this application is accessed by double doors adjacent to the open seating area with benches. There are a number of window openings throughout the elevations each fitted with roller shutters. - 1.3 The café is already in use. Opposite the café building and nearest the edge of the lake there is a fairly large open area providing a mix of uses including picnic table seating for use by the café, boating facilities or the general public and there are some small boats stored here amongst pedalo's for rent on the lake. Between the café and the picnic seating is an access route which forms part of the path running around the entire lake and also wide enough for service vehicle access.

2.0 THE PROPOSAL - 2.1 The current application seeks approval for a number of works: - 2.2 To the café building:

• o the retrospective installation of a flue (650mm high x 300mm at its widest) in the end hip of the café roof to serve a pizza oven (retrospective);
• o the blocking up of two windows on the west and rear elevations;
• o the erection of a retaining wall to the rear of the café to form a bin store area.

2.3 To the external seating area:

• o the erection of two aluminium framed canopies 5m x 3m over the external seating area both fitted with tensile membrane roof sheeting 2.1m to eaves and 3m to peak
• o the installation of timber planters and barriers enclosing the seating from the access zone.

2.4 To the lake: o The installation of a 1.4m x 1.9m x approx. 2.4m tall timber shed to be used as a ticket kiosk for activities on the lake.

3.0 PLANNING HISTORY - 3.1 PA 20/00356/D was recently approved for the installation of illuminated and nonilluminated signage in relation to the new business operating the café. The signage approved was both fixed to the existing café building and to the barriers (proposed for development as part of the current application) to the external seating area.

4.0 PLANNING POLICY - 4.1 The application site is in an area designated in the Ramsey Local Plan 1998 as Public Open Space. The written statement accompanying the local plan highlights the Mooragh Park

• area as a major asset for outdoor pursuits and the importance of protecting such significant areas of existing open space for amenity purposes. While there are policies seeking to protect the parks Brooghs and promenade for their landscaping and conservation values there are no specific policies relating to the lake or its immediate surrounds.
• 4.2 In assessing the current proposal consideration shall be given to two policies and a supporting paragraph from the Strategic Plan that cover design considerations for open space and community safety.
• 4.3 Paragraph 10.3.5: In certain circumstances it may be beneficial to allow the redevelopment of areas of underused, poorly maintained or inappropriately located open space. Development on such areas will only be permitted where alternative provision can be made. However, the new open space must be easily accessible to the local community and be at least equivalent in terms of type, quantity and quality to that which is being replaced.
• 4.4 Recreation Policy 2: Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances:

• (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and
• (b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area.

4.4 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. - 5.0 REPRESENTATIONS

Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Ramsey Town Commissioners - no objections (01/06/2020). - 5.2 Department of Infrastructure Highway Services - Do not oppose (13/05/2020). - 5.3 DEFA Inland Fisheries - sought completion of 9m Watercourse Form, on receipt of this they confirmed that as this is a coastal location and the boat lake is essentially an estuary they had no further comments (23/06/2020).

- 6.0 ASSESSMENT

6.1 The quality of life on the Island and the quality of our environment are improved by attractive open spaces and by facilities for recreation and other community purposes, these can be both formal and informal, including amenity space and can be privately or publicly owned. - 6.2 The current application seeks a number of works to the existing building, the installation of a ticket kiosk and the creation of outdoor seating area. In respect of the physical works to the building including the installation of the fairly small flue, blocking up of windows and the creation of a small retaining wall; the existing building is not of any special architectural or social interest to warrant its protection and the works are not considered to result in any unacceptable visual harm as to warrant a concern and no amenity impacts on adjacent properties due to the distance between them and the site. In respect of the ticket

• office, its design is fairly reasonable given the level of seasonal service it is to provide and in order to support the recreational facilities on the boating lake. Its siting here will benefit control of the use of the lake and to some degree the safety of the users without any significant adverse visual or amenity harm to the surrounding environment.
• 6.3 Where the application requires most consideration is the proposed outdoor seating area adjacent to the existing café which is to be enclosed by planters and covered by two canopies installed with outdoor heaters. Compared to the existing unrestricted open seating picnic benches it could be argued that the proposed seating is more exclusive to the use of the café only and not as readily accessible by the public or users of the open space.
• 6.4 Surrounding the site are other areas of open space where the existing public benches could be relocated including immediately alongside the proposed seating area next to the lake and where they would remain of equivalent community benefit and accessible to all.
• 6.5 The proposed seating would support the new use of the café by an established business which already operates a coffee shop in Parliament Street. The continued use of the café will benefit the users of the Mooragh Park and the inclusion of outdoor covered seating will help to provide improved facilities for all year round dining or dining later in the evening which may help to encourage visitors to stay longer, providing a new attracting and offering an overall community gain for the area.
• 6.6 Physically the structure appears of fairly high quality, it is of reasonable height and is generally designed to best suit the surrounding open space including decorative planters to soften the edges. Its installation would not be out of keeping with the area and would not result in any visual or amenity harm to cause concern.
• 6.7 The covered area would not be the first of its kind within the park, with there being sheltered seating area, bandstand and cafes and covered areas on the adjacent site of the lake. In terms of the potential to give rise to anti-social behaviour the covered seating area would not be so different to others in the area, the area is already frequented by police and there is CCTV in operation. The site is nearest the main road and far more readily accessible for emergency services and public view, it would also be in the business operators' best interest to ensure suitable surveillance is in place.

- 7.0 CONCLUSION

7.1 The works to the building and the installation of a ticket kiosk are considered to be acceptable and not to result in any visual or amenity harm to the area, and while the provision of outdoor covered seating could be considered contrary to the open space designation, its installation here is considered acceptable, to provide continued benefit to the users of the recreation facilities and general community gain. Physically the structure is judged to be in keeping with the surrounding area and would therefore not result in a harmful impact on the character or amenity of Mooragh Park. - 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 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:…13.07.2020

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

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