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Application No.: 18/01208/C Applicant: Wcx Ltd Proposal: Change of use from bar (class 3) to a retail unit (class 1) Site Address: Chequers Bar Cherry Orchard Building Bridson Street Port Erin Isle Of Man IM9 6AE Principal Planner: Miss S E Corlett Photo Taken: 12.12.2018 Site Visit: 12.12.2018 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 27.12.2018 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
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.
Reason: To remove any external equipment which is no longer required, in the interests of the visual appearance of the area.
Plans/Drawings/Information; This decision relates to drawings received on 16th November, 2018. _______________________________________________________________
Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are 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 6(4):
Silverburn, Bridson Street as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
It is recommended that the following party 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 6(4):
Bridson Street Properties Limited as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
_____________________________________________________________________________ Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE SITE IS DESIGNATED FOR TOURISM AND THE DEVELOPMENT PROPOSES RETAIL USE OF THE SITE
1.1 The site is part of the Cherry Orchard aparthotel complex which faces onto Bridson Street in the heart of Port Erin village. The frontage is stepped with a series of single storey, tiled, mansard roofed projecting elements and a curved feature in the centre, announcing the name of the bar within (Chequers). The space in front of the units is walled off with some seats and tables in front of the northern part. The walling is higher in front of the southern part of the terrace. - 1.2 Partly contained within the mansard roof is a large flue which discharges through the roof at second floor level. - 1.3 Three parking spaces are available in front of the building within a layby off the highway. THE PROPOSAL
2.1 Proposed is the change of the use of the bar area and two store rooms to retail. No changes to the building are proposed. - 2.2 The applicant has indicated that the proprietor will be an existing local trader.
3.1 The Cherry Orchard in its entirety is designated on the Area Plan for the South as Tourism (Hotel).
3.2 The hotel is referred to in the Area Plan Written Statement as follows:
Tourism Proposal 1: The following hotels have been identified as important to tourism and must be retained for hotel use: the Castletown Golf Links; the Sefton Express Airport Hotel; the Cherry Orchard; and the Falcon's Nest Hotel. Proposals for redevelopment or re-use will not be permitted unless it can be demonstrated that hotel use is no longer commercially viable.
3.3 The hotel's pool and gym are referred to as recreation facilities in the South. - 3.4 There is no specific reference to hotel bars in the Strategic Plan, although are references to hotels themselves. Interestingly, all of the references in the Strategic Plan to public houses also refer to shops simultaneously, for example, as follows: 10.8 Retention of Existing Local Shops and Public Houses
The loss of facilities such as neighbourhood shops in towns and or village shops and public houses reduces customer choice and can also necessitate people travelling further to meet their needs. This is a particular problem in rural areas where village shops, post offices and public houses can be central to village life. It would be preferable to retain viable facilities, or those that can be made viable and where a change of use or re-development is proposed developers will be expected to show evidence of attempts to market the property as a business in these areas.
Community Policy 4: Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable.
3.5 In terms of Use Classes, shops are distinct from facilities which serve food and drink for consumption on the premises and these are different again to premises which sell food for consumption off the premises.
4.1 The site as a whole has been the subject of a great many applications for alterations and conversion of some of the tourist bedrooms and apartments to permanent residential apartments, a current application for such development being 18/00747/C. An outside seated area in front of the bar was approved under 09/01646/C. REPRESENTATIONS - 5.1 The owners of Silverburn, Bridson Street advise that they have no objection to the application and request that if the flue, box fan and extractor equipment are no longer needed, that they are removed as they are an eyesore. They also advise that the storage of inflammables, gas and other combustibles must adhere to statutory regulations (02.12.18).
5.2 The administrator of Bridson Street Properties, based at Flat 1, Cherry Orchard, Bridson Street, supports the application (05.12.18). - 5.3 Port Erin Commissioners support the application (13.12.18).
6.1 The change of use will not bring any additional impacts to the surrounding area, but may potentially remove some which could be detrimental to the enjoyment of the surrounding residential properties in terms of noise, and later night comings and goings.
6.2 Any equipment and plant which is redundant should be required to be removed to improve the visual impact of the site. CONCLUSION - 7.1 The application is supported. 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:
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: 21.01.2019
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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