Officer Report

Application No.: 16/01373/B Applicant: Mr Brian Horne Proposal: Creation of a seating area on existing roof Site Address: The Kiosk Peel Breakwater Peel Isle Of Man Case Officer : Miss S E Corlett Expected Decision Level: Officer Delegation

Officer’s Report THE SITE

1.1 The site is the footprint of an existing kiosk situated on the breakwater in Peel. The kiosk is flat roofed with an open covered area at the front and alongside are the public toilets which are accommodated in a similar building. There are concrete steps up to the walkway which runs along the top of the breakwater wall, past the flat roof of the building. There are metal railings which run on the harbour side of the walkway with the wall on the other. - 1.2 To the south of the kiosk, about 30m away, is the lifeboat station and opposite that, to the east, the slipway into the harbour. THE PROPOSAL

2.1 Proposed is the use of the flat roofed area as a seating area for eating and drinking in association with the goods sold in the kiosk. The works will involve the installation of railings around the edge of the roofing, powder coated hardwood handrail supported by a galvanised steel balustrade painted blue with blue galvanised steel posts. The roof will accommodate four tables of eight seats each. - 2.2 Car parking is available generally and publicly along the breakwater. There is no dedicated parking associated with this unit. PLANNING POLICY

3.1 The site is within a much wider area, including Peel Hill which is designated as Public Open Space. PLANNING HISTORY - 4.1 The kiosk was approved as a replacement for a former kiosk under 07/01902/B. REPRESENTATIONS - 5.1 Highway Services indicate that there is no highway interest in the application (06.01.16). ASSESSMENT - 6.1 The proposed seating area will utilise an existing flat area which is already by-passed by those ascending the steps to the walkway. Whilst the facility will add to the capacity of the kiosk where there are currently seats outside, many people buy items of food and drink and either consume them whilst walking along the breakwater or take them to the walkway or the adjacent beach areas. Many people walk to the breakwater whilst some come in their cars and try and find a park. It is a

popular and pleasant place for the public to congregate and the kiosk is a popular refreshment facility.

6.2 It is not considered that the additional seating will result in so much more traffic that the area will become congested and the surrounding area already accommodates the lifeboat and its associated traffic, boats and vehicles with trailers using the slipway and fishing folk casting off the breakwater where there are often seals in the harbour. - 6.3 The facility will add to a public amenity and the application is recommended for approval.

PARTY STATUS

7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, 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.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation Recommended Decision: Permitted Date of Recommendation: 10.01.2017 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 four 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.

This approval relates to drawings 01, 02 and 03 all received on 13th December, 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 20.01.2017 Determining officer

Signed : C BALMER Chris Balmer Senior Planning Officer

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