DEC Officer Report

Application No.: 20/00459/B Applicant: Island Seafare Ltd Proposal: Installation of two containers for storage of shellfish Site Address: Manesca Building The Quay Port St. Mary Isle Of Man IM9 5EA Principal Planner: Miss S E Corlett Expected Decision Level: Planning Committee Recommended Decision: Permitted

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

C 1. The containers hereby approved may remain in situ in accordance with the approved drawings until 10th August, 2024 and thereafter must be removed from the site.

Reason: the application is for the temporary retention of the containers which are not designed to be a permanent feature in any area and this is situated within a proposed Conservation Area.

This application has been recommended for approval for the following reason. The development is considered to comply with General Policy 2 and Environment Policy 35 of the Strategic Plan and Planning Policy Statement 1/01.

Plans/Drawings/Information; This decision relates to drawings 1722-21A, 1722-22A and 1722-23A all received on 22nd June,

• 2020. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

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 northeast 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 are two existing shipping containers approved under PA 15/00839/B alongside the main building and 17/01173/B on the seaward side of the building. Both were for cold water storage of shellfish for a temporary period up to 31/08/2020.

2.0 PROPOSAL - 2.1 Proposed here is the continued retention of the two shipping containers which sit alongside the main building, approved in 2015. - 2.2 The 6m long x 2.4m wide containers are proposed to be utilised as a cold storage facility to keep shellfish alive prior to shipment. The applicant is concerned that should a marina be developed in the village, he will be required to relocate so does not wish to invest in permanent buildings here. He also explains that when he applied for the container in 2015 it was their intention that they would look to build a coldstore onto the factory offering something more permanent. During the intervening period they have seen a downturn in the supply of their core raw material - kind and queen scallops due to quota restrictions and this meant that the applicant had to invest heavily in installing live holding tanks allowing them to diversify into crab and lobster which meant pushing a permanent coldstore further into the future. - 2.3 No timescale is given for the retention of the containers.

3.0 PLANNING HISTORY - 3.1 The most relevant previous applications are referred to above.

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 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 Environment Policy 35 is considered, 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."

4.6 Planning Policy Statement 1/01 requires that the special character of the area is considered in the determination of applications for development within a Conservation Area.

5.0 REPRESENTATIONS - 5.1 Port St Mary Commissioners have no objections (23.07.20). - 5.2 Highway Services do not oppose the application (27.05.20 and 09.07.20).

6.0 ASSESSMENT - 6.1 The most important issues 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 The applicant explained in the previous application 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

1. The container is to provide an immediate facility until the site can be formally secured for future use post 2021. In addition, if a marina were developed in the village, it would be unlikely that the lease would be continued so the applicant is reluctant to spend money on permanent buildings here.

6.3 In terms of the containers, the area is already of an industrial appearance, within which the containers would not look and in fact do 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.
• 6.4 As the existing harbour area is already of an industrialised form the retention of the additional containers in this instance is unlikely to impact the character of the proposed conservation area added to which, part of the character of the harbour area is that it is a working environment with close links to the sea and harbour: what is proposed functionally supports this character.
• 6.5 Given the circumstances of the business and similar to the previously approved steel containers it would be reasonable to add a condition relating to their temporary retention. 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 and Planning Policy Statement 1/01. 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. A further period of four years is considered appropriate reflecting the original period of 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 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: 10.08.2020

Signed : S CORLETT

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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