13 January 2015 · Planning Committee
Flat 1, Beachcomber, Shore Road, Port Erin, Isle Of Man, IM9 6hl
The site is a white, flat-roofed, two-storey restaurant and takeaway with three one-bedroom flats above, located between the attractive Bay Hotel and Herdman Institute in a mixed-use area of Port Erin, within a proposed Conservation Area.
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The officer assessed that the principle of development was acceptable in the mixed-use area with existing residential use, and parking was not an issue as no spaces could be provided on the shallow si…
Strategic Policy 1
Encourages efficient use of sites utilising existing infrastructure. The mixed-use location in an existing village was acceptable.
Strategic Policy 2 - Priority for new development to identified towns and villages
Encourages development in existing towns and villages. The site in Port Erin village complied.
Spatial Policy 5
Requires new development to make a positive contribution to the environment, potentially supported by Design Statement. The proposal failed as it increased the negative impact of a poor building without design improvements.
General Policy 2
Permits development respecting site/surroundings in scale, form, design; not adversely affecting townscape, amenity, character, views, highways, parking. Failed on scale/form/design impacting streetscene, character, and prominence between attractive neighbours.
Environment Policy 42
Requires design accounting for local character/identity. The extension exacerbated the unsympathetic nature of the existing 'negative' 1960s building in proposed Conservation Area.
Environment Policy 35
Seeks to preserve/enhance character in Conservation Areas. Although proposed not adopted, appraisal used to guide; Beachcomber identified as negative detracting from positive buildings like Herdman Institute, proposal threatened special character.
Transport Policy 7
Requires parking per standards (1 space per 1-bed unit). No objection as no on-site parking possible, promenade available, Highway Services did not oppose.
Do not oppose
The original application for erection of a two-storey residential extension and additional storey tea room was refused by the Planning Committee due to adverse impact on the street scene and character contrary to Strategic Policy 5, General Policy 2, and Environment Policy 42, particularly in the proposed Port Erin Conservation Area. Appellant argued the development enhances business, is necessary on a constrained site, and is not silhouetted against the skyline, with inconsistent officer advice. Inspector found the proposals would worsen the incongruous appearance of the 'negative building' between positive traditional buildings, failing policies requiring positive environmental contribution. The Minister disagreed, finding the area of piecemeal character where the 1960s building is representative of its era, not negative, and gave no weight to the unadopted Conservation Area Character Appraisal; he allowed the appeal on its merits subject to conditions on time limit and render details.
Precedent Value
This appeal shows Ministers may override inspector recommendations by prioritising individual merits over draft appraisals in unadopted conservation areas, especially where areas exhibit diverse architectural evolution. Applicants should emphasise building's representation of its era and challenge restrictive 'sympathetic design' tests in piecemeal contexts.
Inspector: Ruth V MacKenzie BA(Hons) MR/TPI
