Officer Report

Application No.: 15/00839/B Applicant: Island Seafare Ltd Proposal: Siting of a shipping container to provide cold storage of processed shellfish (retrospective) Site Address: Manesca Building The Quay Port St. Mary Isle of Man IM9 5EA Case Officer : Miss S E Corlett Site Visit: 04.08.2015 Expected Decision Level: Officer Delegation

Officer’s Report THE SITE

1.1 The site is an arbitrarily defined area of land which centres on the Manesca building to the rear of Lime Street which is a collection of industrial style buildings with brick and sheeted finishes which are used for the processing of shellfish. The building is one of two which sit amongst the boat park. THE PROPOSAL - 2.1 Proposed is retrospective approval for the siting of a container to the north of the building on a temporary basis. The building is already in situ and being used.

2.2 The container is 6m long, 2.4m wide and 2.6m high and painted white and provides cold storage for processed shellfish. - 2.3 The applicant has indicated that they are not sure how long they will require to have the facility in place.

PLANNING POLICY AND STATUS

3.1 The site lies within an area of Harbour Use on the Area Plan for the South adopted in 2013 and also within a proposed conservation area for the village. The Plan contains the following advice about harbours:

6.25 Harbours 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."

3.2 The site also falls within an area where there is a risk of flooding on the basis of an estimate for the maximum sea water levels around the Isle of Man likely to be reached with a return period of 1 in 200 years (equivalent to a 0.5% probability of occurring in any year). The levels include an allowance of +0.45 metres for climate change by 2070, in accordance with the Isle of Man Flood Risk Guidance (Department of Infrastructure, 2008). - 3.3 The use is compatible with the land use designation and as such the following parts of the Strategic Plan are considered relevant: - 3.4 Paragraph 8.12.1 states "As a general policy, in built up areas not controlled by Conservation Area or Registered Building policies, there will be a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general." - 3.5 General Policy 2 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:

• b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space 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;

• 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 adverse effect on road safety or traffic flows on the local highways;

• 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."

3.6 Environment Policy 35 states "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character of appearance of the area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development". - 3.7 Also of relevance are the following Strategic Plan polices in relation to flood risk:

• Environment Policy 10 states: "Where development is proposed on any site where in the opinion of the Department of Local Government and the Environment there is a potential risk of flooding, a flood risk assessment and details of proposed mitigation measures must accompany any application for planning permission. The requirements for a flood risk assessment are set out in Appendix 4."
• Environment Policy 11: "Coastal development will only be permitted where it would not:

• i) increase or transfer the risk of flooding or coastal erosion through its impact on natural coastal processes;
• ii) prejudice the capacity of the coast to form a natural sea defence; and
• iii) increase the need for additional coast protection works except where necessary to protect existing investment or development."

Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."

PLANNING HISTORY

4.1 The site has been the subject of a number of applications for alterations and extensions providing additional facilities for the shellfish processing which takes place on the site. None of these is considered specifically relevant to the consideration of the current proposal but it is relevant that as recent as 2014 permission was granted for the extension of the building with

• no principal objection relating to flooding.

REPRESENTATIONS

5.1 Department of Infrastructure Highway Services have indicated that the Harbours Section own the land and have been consulted and neither they nor Highways have an objection to the application (10.08.15).

5.2 Port St. Mary Commissioners have no objection to the application (10.08.15). ASSESSMENT - 6.1 The building is not conspicuous nor does it appear out of place alongside the existing clad building and within an area clearly used for the processing of fish and shellfish and the harbourside more generally. The structure is also clearly required for a process which contributes to the Island's employment and economy. The applicant has advised that it is their longer term intention to provide a permanent building in place of the container.

6.2 The container, whilst a temporary building is not considered to have an adverse visual or other impact and is recommended for approval subject to a temporary period of approval due to the temporary nature of the structure. PARYT STATUS - 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material, in this case Department of Infrastructure Highway Services and (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 24.08.2015 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions

C 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.

-----------------------------------------------------------------------------------------------------------This approval relates to drawings 1722-01 and 1722-02 both received on 27th July, 2015.

I confirm that this decision accords with the appropriate Government Circular delegating functions to the Director of Planning and Building Control.

Decision Made : Permitted Date : 25.08.2015 Determining officer

Signed : M GALLAGHER. Michael Gallagher Director of Planning and Building Control