Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91043/B Applicant: Island Seafare Ltd Proposal: Siting of steel shipping container for the storage of shellfish Site Address: Manesca Building The Quay Port St Mary Isle Of Man IM9 5EA Planning Officer: Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 04.11.2024 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The container hereby approved must be used only in association with Island Seafare Ltd for the storage of shellfish.

Reason: the container has been exceptionally approved solely to meet the specific needs of Island Seafare Ltd

• C 2. In the event that the container is no only used in connection with Island Seafare Ltd, the container and its associated items shall be removed within 6 months of the date the use ceased.

Reason: the container has been exceptionally approved soley to meet the specific needs of Island Seafare Ltd and its subsequent retention without that need would result in an impact upon the proposed Conservation Area.

This application has been recommended for approval for the following reason.

The proposal complies with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan, Employment Policy 4 of the Area Plan for the East 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 19th September 2024;

• o Covering Letter
• o Drawing No. 1722-31

• o Drawing No. 1722-32 _______________________________________________________________

Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection Port St Mary Commissioners - No objection.

It is recommended that the following organisations should be given the Right to Appeal on the basis that they have submitted a relevant objection: DOI Flood Risk Management - Objection ___________________________________________________________________

Officer’s Report APPLICATION 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 Within the curtilage of the site is a container approved under PA17/01173/B and PA20/00459/B. Both of which were for cold water storage of shellfish for a temporary period of which PA20/00459/B. PROPOSAL

2.1 The current planning application seeks approval for the permanent siting of a steel shipping container for the storage of shellfish to the Eastern elevation of the site. The shipping container measures 6m long by 2.4m wide. - 2.2 The applicant states the following with regards to the proposed shipping container, "the proposed freezer container is essential for maintaining the quality and safety of our products. The proposed container will allow us to safely store shellfish at the required temperature before distribution, ensuring compliance with food safety regulations and helping us meet the growing demand for our products locally and further afield."

PLANNING POLICY

- 3.1 SITE SPECIFIC

• 3.1.1 The site lies within an area zoned as "Harbour Area" on the Area Plan for South, Map 7 Port Erin/Port St Mary. The site is situated within a High Risk Flood Zone (Tidal) & High likelihood Surface Water Flood Zone and a proposed Conservation Area.

- 3.2 AREA PLAN FOR THE SOUTH

• 3.2.1 When looking at the Area Plan for the South, section 6.25.1 and Employment Proposal 4 are relevant which state the following; "6.25.1 The harbours in Castletown and Port St Mary are in active use and as such there is some harbour related use of the surrounding buildings. Within these areas some expansion of existing industry or the introduction of new marine based industry may be permitted as long as this does not prejudice the use of the harbour areas for leisure or tourist purposes.

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."

- 3.3 ISLE OF MAN STRATEGIC PLAN 2016

• 3.3.1 Given the nature of the of the land designation and the property being within a Proposed Conservation Area, Section 18(4) of the Town and Country Planning Act (1999) is the most relevant in the assessment of this application. Followed by paragraph 7.29.2 and Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area.
• 4.3 Also relevant to the assessment of the application is General Policy 2 of the Isle of Man Strategic Plan 2016 which sets out "development control" considerations.

PLANNING HISTORY 4.1 There have been several applications on the site in relation to shipping containers including;

• 4.1.1 PA15/00839/B - Siting of a shipping container to provide cold storage of processed shellfish (retrospective) - Permitted

• Condition 1 - The building may remain in place as shown in the submitted information for as long as it is used for its approved purpose until at the latest 31st August, 2020 whereupon it must be removed unless otherwise approved by the Department. Reason: the structure is clearly a temporary structure which is visible by the public and should not remain in situ for longer than it is required.

4.1.2 PA17/01173/B - Siting of steel shipping container for storage of shellfish - Permitted

• Condition 2 - The approved container may remain in place as shown in the submitted information for as long as it is used for its approved purpose until at the latest 31st August, 2020 whereupon it must be removed unless otherwise approved by the Department. Reason: The container is clearly a temporary structure which should not remain in situ for longer than it is required.

• 4.1.3 PA20/00459/B - Installation of two containers for storage of shellfish - Permitted Condition 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.

REPRESENTATIONS 5.1 The following representations can be found in full online, below is a short summery;

- 5.2 LOCAL AUTHORITY

• - Port St Mary Commissioners have considered the application and raise no objections. (28.10.24)

- 5.3 STATUTORY BODIES

• - Highway Services do not object to the proposal stating, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the container is in a suitable location not blocking access or parking. (26.09.24)

• - DOI Flood Risk Management Division have considered the application and state they do not oppose subject to a condition such as "The container should only be used for the storage of water compatible goods." (24.09.24)
• - DEFA Fisheries have considered the application and have no objections. (25.09.24) ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - Section 18(4) test - Character
• - Section 18(4) test - Appearance
• - Other matters

- 6.2 SECTION 18(4) TEST - CHARACTER

• 6.2.1 The overall character of the streetscene is one of an industrial appearance, as such the container does not look out of place, and from a character point of view the proposal is deemed acceptable by preserving the proposed Conservation Area.

- 6.3 SECTION 18(4) TEST - APPEARANCE

• 6.3.1 As stated above the area has an industrial appearance, the container has been in place for several years, as shown by the past planning history. The container whilst not generally something which would be endorsed in such a streetscene, does not impact the overall appearance of the Conservation Area nor the site itself, with the fact that the container is painted white to match the dwelling, preserving the overall Conservation Area.

6.4 OTHER MATTERS

• 6.4.1 The proposal within this application is not for a temporary siting as previously requested, of which it could be said that the container has been in place so long now that there is no possibility it is temporary. Whilst this is the case, due to the time that the container has been in place, how useful it is to the company, the overall streetscene and that there are no objections, the proposal to permanently have the container is deemed acceptable.

• 6.4.2 Conditions should be attached to the application, in that the container can only be used in connection with Island Seafare Ltd, the reasoning for this is that Employment Proposal 4 of the Area Plan for the South states that development should be marine based, which the proposal would comply with and it has been accepted on this basis only.
• 6.4.3 A condition has been requested by DOI Flood Risk, the condition is not enforceable and as such cannot be attached to the application.

CONCLUSION

7.1 Ultimately the proposal will preserve the overall character and appearance of the Conservation Area/ streetscene and as such would comply with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan, Employment Policy 4 of the Area Plan for the East and Section 18(4) of the Town and Country Planning Act 1999. RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

8.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative. _____________________________________________________________________

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 and/or rights to appeal.

Decision Made : Permitted Date: 05.11.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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