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23/01446/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 23/01446/B Applicant : Mr Ian Swindells Proposal : Courtyard and beach area to be used as temporary event and bar space; installation of additional seating and stretch tent; alterations to WC block. Site Address : Cosy Nook Shore Road Port Erin Isle Of Man IM9 6HH
Technical Officer: Mr Thomas Sinden Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 18.01.2024 __
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.
C 2. Details of the form, the materials, and the position of the fixings for the proposed stretch tent canopy are to be submitted and approved in writing by the Department prior to installation. Thereafter, the stretch tent canopy is to be installed in accordance with the approved details.
Reason: To ensure that the setting of the registered building is preserved and protected.
This application has been recommended for approval for the following reason. The proposals meet the tests of Section 16 of the Town and Country Planning Act 1999 as the setting of the Registered Building is being preserved. The proposals also comply with General Policy 2, Environment Policies 11, 13, 32 and 33, Transport Policies 4, 6 and 7 and Strategic Policy 4 along with Planning Policy Statement 1/01. Whilst the beach is not designated for any specific use, its use for public sitting, eating and drinking is already established and it is judged that the specific use designation of this small section will not adversely impact its overall amenity value. The application is therefore judged to be acceptable.
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23/01446/B Page 2 of 6
Plans/Drawings/Information; This decision relates to drawings 2302-PL-001, 2015-PL-002, 2302-PL-003, 2302-PL-004, 2302- PL-005 and 2302-PL-006, together with the other supporting information submitted on 14th December 2023. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS PART OF THE DEVELOPMENT COULD BE CONSIDERED TO BE CONTRARY TO THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL
THE SITE 1.1 The site is a parcel of land which incorporates the Cosy Nook café, its forecourt and a piece of the beach immediately alongside. The Cosy Nook café is a registered building (RB 295). The Cosy Nook and its curtilage are owned by Port Erin Commissioners. The beach is leased from the Government to Port Erin Commissioners. The roadway leading to the site from the promenade is owned by Government (Department of Infrastructure).
1.2 The café building itself is formed of two traditionally styled Manx cottages, with white- washed Manx stone walls, a pitched roof and chimney stacks on the gable and party walls. A non-historic flat roof servery is attached to the property's southern elevation (this element of the building is not included within the registration). There is a small pitched roofed WC building in the south-eastern corner of the site and an open bin storage area beyond, with the property's curtilage generally being bounded by a stone wall.
THE PROPOSAL 2.1 The submitted application describes the proposal as the "Courtyard and beach area to be used as temporary event and bar space; installation of additional seating and stretch tent; alterations to WC block."
2.2 The application supporting information and supporting statement documents both state that the current application is very similar to previously approved application 21/00352/B. The temporary permission granted under the above application expired in October 2023, and the submitted documents state that this application therefore seeks approval to extend the previously approved use and to improve upon the proposals as a result of the experienced gained during the previous permission period. The stretch tent, alterations to the WC block, alterations to decking and the proposed works within the Cosy Nook building itself are elements that did not form part of the 2021 application (although they did include a marquee). The internal works to the registered building itself are not matters that require planning approval, and are being considered separately within registered building consent application 23/01447/CON.
PLANNING POLICY 3.1 The site lies partly (the curtilage of the café) within an area designated on the Area Plan for the South as Predominantly Residential and partly (the area to the west of the building) as part of the sea/beach (not designated for a particular purpose) and entirely within the village's proposed Conservation Area as set out in the same plan. As stated in section 1.1, the Cosy Nook is a Registered Building. The site also partly lies within an area of High Risk of tidal flooding which includes all of the beach.
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3.2 As mentioned in 3.1, the site lies within the proposed Port Erin conservation area. Although the statutory tests within section 18 of the Act and the conservation policies within the Strategic Plan and PPS 1/01 are not in full force, consideration is needed with any application to avoid any development that would compromise any formal adoption of the proposed conservation area in the future.
3.3 TOWN AND COUNTRY PLANNING ACT 1999 S16 Registered buildings: supplementary provisions (3) In considering - (a) whether to grant planning approval for development which affects a registered building or its setting, or (b) whether to grant registered building consent for any works, the relevant Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.
3.4 National policy: THE ISLE OF MAN STRATEGIC PLAN 2016
Strategic Policies 1, 2, 3, 4, 5 and 10 Spatial Policies 2 and 5 General Policy 2 Environment Policies 10, 11, 13, 30, 31, 32, 33, 36 and 42 Transport Policies 4, 6, 7
3.5 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man
Policy RB/4 Policy RB/5 Policy RB/8
3.6 An appraisal of the proposed Conservation Area was undertaken in 2009 and includes the following references to the application site (the café name spelled incorrectly throughout the document):
"Positive buildings in the area should be used as exemplars for future design in the area, and any planning applications for their demolition should be carefully considered whilst being mindful of the current Planning Policy toward the retention of buildings of merit within a conservation area. Positive buildings identified within the Conservation Area Appraisal are...Primrose Cottage, St Marys Road; Cozy [sic] Nook Café, Shore Cottage, Surfside, Condor House and Edmund and Margaret Christian cottage, Shore Road and Sycamore, Strand Road...are all buildings relating to the earlier settlement of Port Erin [Primrose Cottage is also registered]. Although the actual dates of construction for these buildings are unknown, the Edmund and Margaret Christian cottage has a plaque above the front door giving a date of 1781, which may therefore be the date the building was erected. These buildings should be seen a providing a positive contribution to the area as they are the most complete examples of their type in the conservation area."
"2.4.5. Local details A distinctive Manx architectural feature occurring occasionally in the conservation area is relict evidence of the use of thatch. Primrose Cottage is the only building in Port Erin which is still thatched, however, the Cozy [sic] Nook Café on Shore Road, one of the houses on Dandy Hill and one of the cottages at the entrance to Bradda Glen all have indications that they may have been thatched in the past. The Cozy [sic] Nook Café and building on Dandy Hill both have weatherings on their chimney stacks (see photo below), while the cottage near the Bradda Glen has Bwid sugganes (these are small stones projecting from the exterior walls just under the roof line, used to hold ropes to tie down the thatch)."
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PLANNING HISTORY 4.1 The existing rear annex was approved under 10/00774/B. An application for the demolition of the existing café and its replacement with a new building (20/00598/B) was withdrawn prior to determination. As mentioned in section 2.2 of this report, application 21/00352/B approved the "erection of marquee, decking and steps for a temporary period and use of part of beach for Class 1.3 - Selling and consumption of food or drink - All between 15th May and 15th October in any year and until and including 15th October 2023."
REPRESENTATIONS 5.1 Port Erin Commissioners advise that they have resolved to support the application (10.01.2024 & 20.12.2023).
5.2 Highway Services have stated that they find the application to have no significant negative impact upon highway safety, network functionality and/or parking. (22.12.2023).
ASSESSMENT Statutory Test 6.1 Section 16 of the Act states that the "Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses." In this instance, the application proposes to make alterations that will impact the setting of the registered building. The alterations to the decking immediately in front of the building, the erection of a stretch tent, and the introduction of a bin store structure are all elements that are considered to improve the building's setting when compared to the existing arrangement. With this in mind, it is judged that the setting is being preserved and that the application passes the statutory test.
Policy Tests Impact on the Cosy Nook - registered building 295 6.2 This application proposes to bring part of the ground floor of the registered building back in to public use, as internal café accommodation. It is positive to note that the building owners, Port Erin Commissioners, have been in frequent dialogue with the Principal and Assistant Registered Building Officers regarding the condition of the building in the last couple of years, and repair and maintenance work is ongoing to both protect the historic fabric and enable the building to be brought back in to public use. Whilst the internal works within this scheme are being considered within concurrent registered building consent application 23/01447/CON, it is judged to be a very positive proposal to bring even part of the building back in to frequent use. The relevant policies within both the strategic plan and PPS 1/01 make it clear that bringing vacant historic buildings back in to regular use should generally be supported. The proposed reduction in the extent of the timber decking adjacent to the building itself is a proposal that is judged to provide a small improvement to the building's setting, and to therefore preserve and very slightly enhance the building's special interest as a result.
6.3 The proposals include a small alteration to the existing WC block to alter the means of access and to allow for the creation of a seating area along the eastern boundary. Also proposed is a covered bin store that would be finished in timber panelling and a green sedum roof. Both of these proposed alterations are judged to be well considered, and are changes that are judged to preserve and partly enhance the setting of the registered building.
6.4 The stretch tent structure proposed within this application is intended to provide a larger and more robust shelter solution than the marquee that formed part of the previous application in 2021. The aforementioned marquee has been in situ on part of the site for the last few years periodically, and whilst this does partially obstruct the view of the registered building, it has not impacted the view from Upper Promenade or from the beach itself. It has also partially obscured the view of the unsympathetic flat roofed servery extension. The stretch tent as proposed is considered to have a more purpose built appearance than the previous marquee, and is likely to have less adverse impact than the previous marquee. Although the position and
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size of the proposed tent structure has been included within the application details, exact product details have not been included. In order to ensure that the stretch tent does not have a negative impact on the registered building's setting, it is recommended that a condition be added to any approval that requires the details of the structure's finishes and form to be submitted to and approved by the Department before being erected.
Impact on highway safety 6.5 DOI Highway Services have stated that they consider the application to have no significant negative impact upon highway safety, network functionality and/or parking. Although the permission granted under 21/00352/B has now come to an end, the site has been in use as a café since the early 20th century. The use now proposed within this application is akin the 2021 approval, although the proposal is for year-round use rather than the previous dates of 15th May to 15th October in any year. Although the access and parking arrangements at the site are not what be judged to be ideal for the intended use as a temporary event and bar space, these arrangements have not changed substantially for many years without giving rise to any apparent safety issues, and given that neither the Highways Division or any neighbouring properties have objection to the proposals, it is considered that this element of the scheme is acceptable.
Impact on and from flooding 6.6 In terms of use, the proposal is not considered to involve a material change in how the site is, has been or could be used in planning terms. At the time of writing, Flood Risk Management has not made any comments in respect of the application. Prior to the submission of this application, a site visit was made to the property to discuss the proposals with the building owners, the applicant and their agents. All parties are aware that the site and indeed the building itself is subject to flooding periodically, and mitigation measures have been put in place where possible. Given the use and the modest nature of the physical works within this application, the site's susceptibility to flood risk is not judged to warrant a reason for refusal in this instance.
Impact on the living conditions of those in nearby properties 6.7 The use of the beach for the selling and consumption of food or drink is a change of use but in itself - the sitting down and consumption of food with temporary beach chairs, is clearly one of the many uses to which the beach is already put. Although this application proposes the ability to use the site year round rather than the previous seasonal approval, the likely scale of use in the winter months is likely to be much reduced to that experienced in the summer, and as such any impact would also be much reduced. No comments of any sort have been received from any residents nearby, and it is judged reasonable to assume that if the previously approved use had given rise to issues affecting neighbouring amenity that at least some comments of this nature would have been received. The application proposes to install posts to enable the delineation of the permitted area. Whilst the division of the public beach is not generally supported, in this instance it is judged that the area in question is very modest in comparison to the beach in its entirety, and it is therefore judged that this element of the proposals will not adversely impact the beach's amenity value. As was the case with the 2021 approval, it is also relevant to note that this is the only commercial premises which physically abuts the beach: all others are separated by a highway. As such, if this application is approved it will not establish a precedent for other parts of the beach to be cordoned off and used separately.
Impact on the character and appearance of the area 6.7 The proposed alterations to the WC block and the introduction of a covered bin store are judged to be elements that will have no negative impact on the area's character or appearance, and in the case of the bin store this may in fact improve the appearance given that it will put the bins out of public view. As discussed in section 6.4, although the exact details of the proposed stretch tent are not specified, it is judged that a purpose built and more
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permanent shelter solution than the previously approved marquee will have no adverse impact on the character or appearance of the area.
CONCLUSION 7.1 It is judged that the proposals meet the tests of Section 16 of the Town and Country Planning Act 1999 as the setting of the Registered Building is being preserved. The proposals are also considered to comply with General Policy 2, Environment Policies 11, 13, 32 and 33, Transport Policies 4, 6 and 7 and Strategic Policy 4 along with Planning Policy Statement 1/01. Whilst the beach is not designated for any specific use, its use for public sitting, eating and drinking is already established and it is judged that the specific use designation of this small section will not adversely impact its overall amenity value. It is therefore recommended that the application is approved.
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 in Article 4(2) who should be given Interested Person Status. __
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Committee Meeting Date: 29.01.2024
Signed : T SINDEN 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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