27 May 2021 · Planning Committee
Cafe, Cosy Nook, Shore Road, Port Erin, Isle Of Man, IM9 6hh
The proposal involves installing a temporary 6m x 8m marquee (2.3m eaves, 3.15m ridge), timber decking to level the courtyard north of the cafe, and steps providing access to a 14m x 15m cordoned beach area for seating with tables where food and drink from the cafe (Class 1.3 use) can be sold and consumed.
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The proposal was approved because it complies with General Policy 2, Environment Policies 1, 10, 11, 13 and 33, Transport Policies 4, 6 and 7, Strategic Policy 4, and Planning Policy Statement 1/01.
General Policy 2
Requires development to respect character/appearance and living conditions where land use accords with plan. Officer assessed proposal compliant despite beach not designated, due to temporary nature, small scale, and no intensified amenity/highway impacts.
Environment Policy 1
Presumes against development in non-designated areas (beach as countryside). Exception via GP3 justified by temporary use, established public eating, small area on long beach, reversible structures.
Environment Policy 10
Presumes against development in flood risk areas. Acceptable due to seasonal operation in low-flood summer, contingency plans for removal on warnings, accepted by Flood Risk team.
Environment Policy 11
Addresses flood risk to development. Mitigated by operational precautions in high tidal flood zone.
Environment Policy 13
Considers flood risk from development. No increased risk elsewhere; use similar to established café.
Environment Policy 33
Allows change of use of Registered Building if appropriate and non-detrimental. Structures not attached, reversible, support maintenance via temporary use.
Environment Policy 35
Preserves/enhances conservation area character. Temporary works do not harm setting; positive for building use.
Transport Policy 4
Highway network must accommodate development. Confirmed by Highway Services no adverse impact.
Transport Policy 6 - Equal weight for vehicles and pedestrians
Prioritises pedestrians. No changes to access/parking; deliveries managed.
Transport Policy 7
Requires parking provision. Existing public spaces adequate per consultee.
Strategic Policy 4
Protects Registered Buildings/settings. No impact per Principal Officer; temporary use aids maintenance.
Temporary use and removal
This approval relates to the erection and retention of the structures shown in the approved plans and the use of the beach area for the consumption and sale of food and drink (Class 1.3) all between 15th May and 15th October in any year and until and including 15th October, 2023 after which the beach area must return to be publicly accessible and all temporary structures removed from the site. Reason: to clarify the temporary nature of the approval.
support the application
do not oppose the application
do not oppose but remind of storm risks and closure if warnings issued
no impact on registered building setting or conservation area character given temporary/seasonal/reversible nature; ensure conditions reflect this
supports retention and use of building, respectable operator, encourages business post-COVID
welcomes investment in venue, noise can be managed by conditions
supports as new facility with protected landmark, beach wide enough
advise on bin provision, waste management, limit single-use plastics, note Marine Nature Reserve proximity (no objection stated)
DEFA Biodiversity provided conditional no objection regarding litter prevention in the Marine Nature Reserve; DOI Flood Risk Management had no objection with a reminder on storm closures; public representations included objections on noise, heritage, and parking alongside some support.
Key concern: deposit of litter or substances into Marine Nature Reserve
DEFA Fisheries/Marine Conservation and Ecosystem Policy Teams
Conditional No ObjectionPort Erin Bay is designated as a Marine Nature Reserve (MNR) ... up to and including the highest astronomical tide and with associated byelaws.; Byelaw 5 restricts the deposit of any substance or article into the MNR without authorisation
Conditions requested: Details showing the number, location and type of bins that are to be located throughout the site, should either be provided prior to determination or as a condition of approval. Bins should be of sufficient size for purpose, and of a type that ensures security from wind, birds and rodents.; The applicant should establish suitable waste management and disposal practises on site to ensure that any litter is adequately and promptly dealt with.; In line with Government advice, the applicant should refrain from using single-use plastics items within their operations in order to reduce the potential for single-use plastic pollution of the surrounding beach and MNR. Where possible the applicant should choose re-usable and washable items over recyclable, compostable and biodegradable to reduce the amount of waste.
DOI Flood Risk Management
No ObjectionDo not oppose. Other than we take the opportunity to remind the applicants that this area can be impacted by storm events
Conditions requested: if there are warnings issued by the MET Office that the facility is closed to the public
