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24/00359/B Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00359/B Applicant : Black Dog Oven Ltd Proposal : Installation of a painted mural Site Address : The Black Dog Restaurant East Quay Peel Isle Of Man IM5 1AR
Planning Officer: Russell Williams Photo Taken :
Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 06.06.2024 __
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. The proposal will have an acceptable visual impact and not cause unacceptable harm to the character and appearance of the Conservation Area. The proposals therefore comply with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016 and Section 18(4) of the Town and Country Planning Act (1999).
Plans/Drawings/Information;
This decision relates to the following plans and drawings, date stamped received on 15 April 2024:
Location Plan - A4 - 1:1000 Site Plan - A4 - 1:200 Mural Image
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Interested Person Status - Additional Persons
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None __
Officer’s Report
1.0 THE SITE
1.1 The site is a parcel of land and building which sits on the eastern side of East Quay in Peel with Keown's Lane wrapping around its northern and rear boundaries and with an existing vehicle repair garage sitting to the south.
1.2 The site is run as The Black Dog Oven, an open-air bar and pizzeria on Peel quayside which has been in operation since May 2022.
1.3 The site is a mostly open yard with external seating which is enclosed by tall rendered walls on the East Quay side with double timber doors providing access into the internal yard seating/dining area.
1.4 The site is located within the Peel Conservation Area. The existing walling on East Quay is painted render with dark timber gates to the courtyard. There are various signs and logos displayed along the boundary wall facing onto East Quay.
2.0 THE PROPOSAL
2.1 The application seeks approval for to application of a painted mural to the external courtyard wall at The Black Dog Oven on East Quay.
2.2 The proposed mural would be painted by local artist Kate Somerville, and would be in keeping with the local area in that it would depict the local fishing industry in maritime colours, being a white background with two tones of blue fish.
2.3 The mural would be 6.1m in length and 2.1m in height, occupying the entire section of walling to one side of the gated entrance off East Quay.
3.0 PLANNING POLICY
LOCAL PLAN
3.1 The application site is identified on the Peel Local Plan 1989 as Mixed Use. The site is within the defined main settlement boundary of Peel. Within this the renovation of East Quay is mentioned.
3.2 General Policy 2 of the Strategic Plan is considered applicable, which 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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 water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality;
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(h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."
3.3 Environment Policy 35: "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."
Legislation
3.4 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".
Given that the site is within a within Conservation Area the above requirements apply and appropriate consideration will be given in the assessment.
4.0 PLANNING HISTORY
4.1 The application site benefits from the following relevant planning history:
21/00472/B: Conversion of industrial site to cafe/restaurant including installation of flue and replacement doors - Permitted - 12 August 2021
5.0 CONSULTATIONS (this report only contain summaries - full reps can be read online)
5.1 Peel Commissioners - No comments received.
5.2 DoI Highways Services commented - No impact upon highway safety, network functionality or parking provision. No objection.
5.3 DEFA Fisheries - No objection.
6.0 REPRESENTATIONS (this report only contain summaries - full reps can be read online)
6.1 No comments have been received.
7.0 ASSESSMENT (this report only contain summaries - full reps can be read online)
7.1 The main issue to be considered in the assessment of this application is the impact of the proposed development upon the character and appearance of East Quay and the associated Conservation Area. Section 18 (4) the proposal is considered to preserve the conservation area. The following goes on to consider the relevant policies.
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7.2 The proposed mural will be visible within the street scene along East Quay, but views will be relatively limited to the area immediate along the site frontage.
7.3 At present the existing boundary wall has a somewhat tired appearance to it and already contains a small amount of business related signage. Within the immediate surroundings are a large number of commercial properties with natural stone and painted render/brick boundary treatments. Business signage is prevalent within the East Quay area.
7.4 The mural, as designed, will introduce a unique artistic feature within the immediate setting and the link to the areas maritime and fishing industry. The proposals promote local public art and whilst there is no specific policy for small scale public art, it generally a form of development that is supported.
7.5 The mural will have an impact upon the character and appearance of the Conservation Area, though the impact will be very localised and generally reflective of the commercial setting along the quayside. The mural will introduce an attractive feature to the wall that is not considered to give rise to any significant harm to visual amenity or the special qualities of the Conservation Area.
7.6 It is considered that the siting, size, design and finished appearance of the proposed mural is acceptable and reflective of local character and distinctiveness.
7.7 Accordingly, the proposal is considered to comply with General Policy 2 and Environment Policy 35 and it is recommended that the development be permitted.
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. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 11.06.2024
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Determining officer
Signed : J SINGLETON
Jason Singleton
Principal Planner
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