Planning Statement

PLANNING STATEMENT IN RESPECT OF ALTERATIONS TO CONVERT EXISTING GROUND FLOOR OFFICES TO COMMERCIAL KITCHEN, TOILET FACILITIES ASSOCIATED WITH THE ADJACENT RESTAURANT AND OFFICE (CLASSES 1.2 OR 2.1) OR RETAIL (CLASS 1.1); CONVERSION OF THE FIRST FLOOR OFFICE SPACE AS TOURIST ACCOMMODATION (CLASS 3.6), BEACH HOUSE, BAY VIEW ROAD AND THE PROMENADE, PORT ST. MARY IM9 5AE

• 1.0 Introduction
• 1.1 Beach House is a semi detached, two storey stone building which faces sits on the eastern side of Bay View Road and backs onto the curtilage of Manxonia House and Overcliffe. Beach House is attached to Manxonia House to the north which in turn is attached to Overcliffe - the former village School House.
• 1.2 Manxonia House and Overcliffe are conjoined buildings which are approved as being operated as a single unit of Class 1.3 Use (Food and Drink) and is currently known as Kellas (see Planning History). These buildings mark the corner of The Promenade and Bay View Road in the heart of Port St. Mary village. Manxonia House sits on the corner and Overcliffe fronts onto The Promenade. Adjacent to this is the Town Hall which provides the local authority’s offices and a community hall above.
• 1.3 Beach House sits to the south of Manxonia House and accommodates two floors of offices. Manxonia House and Beach House together form a symmetrical, two storey building with projecting gables facing Bay View Road and both having single storey slated, hipped roofed projections forward of the gables.
• 1.4 To the south of Beach House are two semi detached traditional Manx cottages - Rose Cottage and May Cottage respectively.

• 1.5 To the south of May Cottage is a narrow public footpath which skirts around the southern edge of the curtilage of Overcliffe and the Town Hall, leading to the promenade.
• 1.6 Beach House has a small, rather incongruous flank wall with a pedestrian door in it to the south of the building which looks like a later addition to the building. This abuts the boundary with Rose Cottage. The southern elevation of Beach House has ground and first floor windows: the northern elevation of Rose Cottage has none.

• 1.7 Overcliffe was thought to be formerly the School House and a group of buildings in this area appear on the 1860s County Series maps (see below) which appear to be what are Manxonia House and Beach House today: May and Rose Cottages, Overcliffe and the town hall do not appear. The Conservation Area Appraisal speaks more of this as follows:

“In 1869, the Ordnance Survey map shows a village with only sporadic development between Ballacreggan Farm and the Bay View Hotel. Two pairs of cottages that still stand today, now adjacent to the old school were the first properties on the seaward side of Bay View Road. The next property, some distance away, was a school which was located in the grounds of Ballamona, this later became the first Town Hall. With the exception of a handful of cottages, there was no other development until the junction with the Lhargan. At this point there was a group of buildings on the lower part of the Lhargan, including the terrace of cottages which remain today.”

“To the north, the frontage to Chapel Bay (now The Promenade) was sold for division into building plots. A new school was opened at the junction of The Promenade and Bay View Road; this has a date plaque of 1880.”

“Opposite is the former school, now occupied as offices, and the adjacent cottages which were built prior to 1869.”

• 1.8 Across the road from Overcliffe is a public car park where parking is not restricted to any particular period of time but permanent parking is not permitted. Alongside this is a launderette above which is residential accommodation. Alongside this is a vacant development site which had permission for development for a pair of dwellings until 30.04.23 (19/00212/B). Next to this, fronting the corner of The Promenade and Bay View

• Road is a restaurant and take away. The properties on the western side of Bay View Road, opposite Beach House, are generally shops and eating establishments.
• 1.9 Across the frontage of the Beach House curtilage is a dropped kerb affording vehicular access and parking for up to two vehicles.

• 2.0 Planning policy
• 2.1 The starting point for the determination of any development proposal is the land use designation. In the Isle of Man this currently takes the form of a variety of plans: the Isle of Man Planning Scheme (Development Plan) Order 1982 was the first development plan which was gradually superseded by a series of local plans in the 1980s and 90s and then in the 2000s onwards, these became Area Plans. The most recent Area Plans cover a large part of the Island and there are adopted plans for the south and east. The remainder of the Island (the north and west) is the subject of an Area Plan which is in the process of preparation and is currently in draft form.
• 2.2 Area Plan for the South

• 2.2.1 The site lies within an area designated on the Area Plan for the South adopted in 2013, as Mixed Use, reflecting the residential, community, office, retail, food and drink, tourism and recreation uses in the area, and within the proposed Conservation Area (CA) (green dashed line - below):
• 2.2.2 There are no Constraints identified on the relevant map accompanying the Area Plan other than the proposed CA.

• 2.2.3 There are no trees, Registered or otherwise, on the site and the building on the site is not Registered. The site not shown as being at risk of flooding on the national flood risk maps.
• 2.2.4 The land use designation then leads to policies which guide development. These policies are in both the Area/Local Plans and the Strategic Plan, which is generally a nongeographical policy document applicable to the whole Island.

Area Plan for the South Written Statement

• 2.2.5 This makes no specific reference to the application site. It refers more generally to Port St. Mary as follows:

• 2.1.8 The key elements of the Island Spatial Strategy for the South are: regeneration within Castletown, Port St Mary and Port Erin to create further housing, employment and leisure opportunities in keeping with the scale of the settlements.
• 3.4 The overall strategy for the area is to maintain and enhance the character, quality and distinctiveness of the local built vernacular and integrity of the nucleated settlements of Port Erin, Port St. Mary and Ballagawne , the scattered traditional farm dwellings and to maintain the field pattern and semi-upland character of the upper slopes.

• 3.12.1 Port St Mary is a village of 1,913 people (2006 Census) occupying the coastal area east of Meayll Hill between Perwick Bay and Rhenwyllan Mill. It is classified as a ‘Service Village’ in the Island Spatial Strategy. Retail and business uses are generally small-scale, serving essentially local needs, and there is now only limited tourist accommodation. Renewal and redevelopment of the older built fabric has happened only slowly in recent years, but the Village has managed to retain its attractive appearance, charm and character. There is the possibility that harbour improvements will be undertaken in the future following on from the successful schemes in Douglas and Peel. A comprehensive, sensitively designed scheme which addresses satisfactorily the impacts would result in welcome investment in the Village. This may in turn result in greater use and renovation of the older buildings and enhance the Village’s general character and appeal. The Bay Queen Hotel site clearly needs investment, and would

provide a welcome opportunity for new residential development in Port St Mary. In addition, the older part of Port St Mary is proposed to be designated as a Conservation Area (Map 7).

• 3.14 ii. It is proposed that there should be a new Conservation Area embracing the older part of the Village around the harbour. This is to be assessed under a different process (see Map 7 for draft boundary).

• 2.2.6 The Written Statement refers to "some office provision” located primarily within the Mixed Use areas where existing buildings should primarily be used to accommodate them, and provides the following advice about retail use and the vitality of the village.
• 2.2.7 The Plan acknowledges that (6.28.5) “Port St Mary Village remains a popular destination for leisure boats, hikers, and railway travellers, and is of considerable visual attraction, particularly around the inner harbour, Lime Street, and Athol Street.”
• 2.2.8 The former “National School” on Bay View Road is identified in the Area Plan Written Statement as worthy of consideration for Registration. The draft Conservation Area Appraisal refers to this group of buildings as set out in the Introduction of this document. The Conservation Area has not been adopted but remains a material consideration and development which would prejudice the designation of the CA should be presumed against.

2.3 Strategic Plan 2016

• 2.3.1 The Strategic Plan sets out generally non-geographic policies which apply Island wide. There is a general encouragement of sustainable development which is directed to established settlements (Strategic Aim, Strategic Policies 1, 2 and 10, Spatial Policy 5 and Housing Policy 4) with Port St. Mary being one of the nine Services Villages which will, where appropriate increase employment opportunities and where housing should be provided to meet local needs and in appropriate cases to broaden the choice of location of housing (Spatial Policy 3).
• 2.3.2 The design and appearance of development should be appropriate and of a high quality (Strategic Policies 3 and 5 and Environment Policy 42).

• 2.3.3 Development in areas designated for development is generally supported, provided that it complies with the following general standards of development:

General Policy 2: 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;
• (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.

• 2.3.4 Sustainable development which reduces journeys and energy use and increases thermal efficiency and renewable energy is now encouraged (Residential Design Guide which also gives advice about design) and Climate Change Act 2021).
• 2.3.5 Development is expected to optimise/make the best use of sites (Strategic Policy 1).
• 2.3.6 Development within Conservation Areas must preserve or enhance the character or appearance of the area (Environment Policy 35 and Planning Policy Statement 1/01 Conservation of the Historic Environment of the Isle of Man CA2) and development outside must not adversely affect key views into or out of the CA (Environment Policy 36). There is a presumption against the demolition of buildings within a Conservation Area which make a positive contribution to the character or appearance of the area.
• 2.3.7 Development which would create pollution (including that relating to noise) is presumed against (Environment Policy 22).
• 2.3.8 The conversion of existing dwellings to tourist accommodation is generally supported (Business Policy 13) and particularly where such development makes use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and manmade attractions (Strategic Policy 8). Tourist development which is in accordance with the sustainable policies of the plan is supported (Business Policy 11).
• 2.3.9 The Strategic Plan presumes against development which would have a harmful impact on the living conditions of those living alongside (General Policy 2g) and further information is provided in the Residential Design Guide.

• 3.0 Planning history
• 3.1 The planning history of an area can give an insight into what has previously been considered acceptable and unacceptable and provided there has been no change of circumstance or policy since then, the same conclusion should be reached in any future development proposals.
• 3.2 In this case, the site has been the subject of the following applications:

95/01284/B - internal alterations and conversion from retail outlet to office accommodation permitted

10/01797/B - alterations and erection of a two storey extension to office - permitted but not implemented:

18/00132/B - removal of a chimney - refused

3.3 Manxonia House and Overcliffe

• 3.3.1 88/01754/B proposed the conversion of the premises to offices from retail and was permitted
• 3.3.2 89/01240/B - alteration to create new bathroom - permitted
• 3.3.3 13/91375 proposed the conversion of the building to entirely residential and with very similar external changes to what is now proposed. This was refused for the reason that: "Whilst the alterations to the property are not considered to be detrimental to the appearance and character of the property (which lies within a proposed Conservation Area), the loss of commercial use of the ground floor would be contrary to the spirit of the Area Plan for the South, Mixed Use Policy 2 and would reduce the range and viability of the village as a service centre and an attractive place to live and visit."
• 3.3.4 14/00451/B approved the conversion of the existing office accommodation to two dwellings, retention of existing first floor flat and retention of ground floor retail unit, replacement windows and reinstatement of boundary wall. 4.4
• 3.3.5 17/01153/B replacement of the existing windows in hardwood frames and was approved
• 3.3.6 18/00534/B - installation of replacement windows - permitted
• 3.3.7 21/00501/B - conversion of Manxonia House from existing office, residential and retail space to retail (Class 1.1) and tea rooms (Class 1.3) - permitted
• 3.3.8 21/01313/B is described as proposing the conversion of Overcliffe from existing residential and commercial space into retail (class 1.1), tea rooms (class 1.3), restaurant (class 1.3), and tourist accommodation but included the merging of Overcliffe with Manxonia House and use of the unit as a single cafe/restaurant/tea rooms with extension, effectively superseding the previous application solely for Manxonia House (21/00501/B). This

• application was permitted and was partly implemented. As such, the development of the tourist unit as approved in this application is still capable of implementation.
• 3.3.9 23/00288/B - removal of two chimneys (retrospective) - permitted
• 3.3.10 23/01196/B - variation of the conditions relating to the opening times of the property

• permitted. This approval allowed the operation of the restaurant in Manxonia House and Overcliffe as follows:

2. No customers of the retail, tearoom or restaurant facilities hereby approved(Use Class 1.1 and 1.3) shall be served or remain in the building outside thefollowing hours:

o 0800 hrs - 2345 hrs any day, and o 0800 hrs - 0045 hrs on New Year's Eve/New Year's Day

3.3.11 Most recently permission has been granted for the installation of signage - 24/00002/D.

• 3.4 The restaurant is now operational as “Kellas”.

4.0 The proposal

• 4.1 Proposed is a scheme to convert Beach House from offices to accommodating kitchen, toilet facilities ancillary to the adjacent restaurant on the ground floor, retaining an office area not solely associated with the adjacent unit with an additional, alternative use for retail and upstairs, converting the office space to a two bedroomed tourist unit.

• 4.2 The physical changes to the building are as follows:

• • Provision of a pitched, slated roof rising from the existing stone flank wall to provide a staircase and entrance to the tourist unit from Bay View Road: this new pitched roof will contain a roof light whose proportions follow those of the windows in the front elevation of the building;
• • Extension of the rear section of the existing first floor in a southerly direction to provide a lounge and large glazed window within a pitched gable (similar to the previously approved scheme);
• • Introduction of a new first floor balcony on the eastern elevation looking towards the side of the Town Hall and across and over the rear outdoor eating area associated with Kellas;
• • The introduction of a new extraction flue on the eastern elevation of Beach House;
• • Introduction of a new door in the existing eastern elevation in place of the existing large window;
• • The existing door at the rear of the covered walkway to the south of the building is to be replaced with a new door in the existing aperture;
• • Removal of the existing first floor window in the southern elevation
• • Installation of solar panels on the front pitch (which would constitute Permitted Development)
• • Replacement of existing fascia with uPVC fascia on front porch and
• • Replacement of the existing windows and doors within the building.

• 4.3 The pitched roof will replace the existing flat roofed covered walkway which is visible from Bay View Road and will enhance the appearance of the property in this area.

• 4.4 The extension of the rear section of the building in a southerly direction will be very similar to what was permitted in 2010 with a similar but slightly differently designed large glazed area incorporated into the southern elevation: the existing first floor window in this elevation is to be removed as the new pitched roofed extension incorporating the staircase will not include any windows at either ground or first floor level.

• 4.5 The new balcony is contained on the rear, eastern elevation of the building and will have a 1m high glazed balustrade facing the rear of the Kellas outdoor dining area with a heightened section facing south to prevent overlooking of the rear garden of Rose Cottage.
• 4.6 This heightened section will be 1.8m tall and fitted with obscured glazing and takes account of the advice in the Residential Design Guide to be “carefully designed to avoid unreasonable overlooking of neighbouring properties (including gardens)” and incorporating “Strategically placed solid screens/obscure glazed screens/slatted shutter screens” which are considered to “sometimes help where it is not otherwise possible to avoid overlooking.” The Guide goes on to warn that “However, the use of such screens needs to be combined with careful design as such screening may result in a loss of light and/or be an overbearing and dominating feature to the outlook of the neighbouring properties/streetscene.” In this case we would submit that the screen is not dominant in size or material to the building to which it will be attached nor any adjacent building and this heightened section will be largely screened by Rose Cottage from view from the footpath and would be seen in the context of the existing glazed balustrade above the stone wall around the southern perimeter of Kellas:

• 4.7 The extractor flue will be operated in accordance with the regulations on commercial kitchens and Part J of the Building Regulations and further information on it is provided within the application.
• 4.8 An existing first floor large window in the rear (eastern) elevation is to be replaced with a door to enable access from the commercial kitchen to the rear dining area.
• 4.9 The new door in the rear of the new pitched roofed extension at the rear of the building will be similar to what exists. The new windows will be white framed and match those already in Manxonia House and Overcliffe.

5.0 Assessment

• 5.1 The site is a prominent one in the heart of Port St. Mary and on the approach to the centre. In addition, the building is within a proposed Conservation Area. The recent conversion of the adjoining building to a restaurant/cafe has reintroduced vibrancy to an important entrance feature to the village. What is proposed will complement what has been created to date, providing additional facilities to serve the restaurant and the business generally without any increase in staff numbers, customers or traffic.

• 5.2 The inclusion of the change of use of the first floor office will provide a welcome unit of tourist accommodation in a popular holiday destination on the Island and is not contrary to any of the Area or Strategic Plan policies.

• 5.3 Whilst the loss of office space could result in a loss of commercial activity to the village, the contribution which the commercial kitchen and tourist unit will make as ancillary facilities for the restaurant is considered to outweigh any such loss with the additional potential use of part of the ground floor as retail, adding to the variety of retail outlets within the village.
• 5.4 Kellas has quickly become a well supported and popular established which the proposed works would enhance without, we would say, any adverse impact on the surrounding area and complying with the relevant planning policies applicable in this case.
• 5.5 The physical works for the creation of the first floor unit of tourist accommodation are similar to what received planning approval in 2010 when the office was permitted to be extended. There is to be a similar large glazed area in the southern elevation and also a balcony which has been located and designed so as not to provide any actual or perceived overlooking of Rose Cottage through the use of appropriate height and finished glazing.
• 5.6 The replacement windows and doors will replace elements which are not original and will result in a consistent frame pattern and colour within the buildings - including Manxonia House and Overcliffe - enhancing its appearance and preserving the character of the building and surrounding area in compliance with EP35 and Planning Policy Statement 1/01 Conservation of the Historic Environment of the Isle of Man CA/2.
• 5.7 Overall, we would submit that the works will bring additional activity and interest to the village, additional occupants which will use facilities and businesses in the village, bringing additional investment and activity. The physical works to the building will be appreciable only

by those using the rear footpath other than the new pitched roof over the covered walkway which we would say will enhance the appearance of the building with the proposal complying with all of the relevant planning policies and guidance.

Sarah Corlett 13.11.2024