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21/00352/B Page 1 of 9
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 21/00352/B Applicant : Mr & Mrs Mary Beth Coll Proposal 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. Site Address The Cosy Nook Cafe And Part Of Beach Shore Road Port Erin IM9 6HH
Case Officer :
Miss S E Corlett Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 14.05.2021
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. 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.
This application has been recommended for approval for the following reason. The proposal is considered to comply with General Policy 2, Environment Policies 1, 10, 11, 13 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 Class 1.3 use, its use for public sitting, eating and drinking is already established and the only difference is that the area will be cordoned off and only those consuming food and drink purchased on the premises will be allowed to remain within it. The beach is a considerable length and the proposal only a small part of it and it is considered that the temporary nature and the layout and appearance of the proposal result in it being concluded that this impact is acceptable despite the site not being designated for development.
Plans/Drawings/Information; This decision relates to drawing 2015-PL-001A, 2015-PL-002A, 2015-PL-003A, 2015-PL-004 all received on 30th March, 2021 __
Interested Person Status - Additional Persons
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It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:
Department of Infrastructure's Flood Risk Management Division
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Apartments 1, 4, 5, 7 and 9, Windsor House, Port Erin
as these premises are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy
2A Princess Towers, The Mount, Mount Gawne Road and Bradda, Bradda West Road are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy and they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy.
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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 AND THERE ARE MORE THAN 5 OBJECTIONS
THE SITE 1.1 The site is a parcel of land which incorporates part of the Cosy Nook café, its forecourt and a piece of the beach immediately alongside. The Cosy Nook café has recently been placed on the Protected Buildings Register (Registered Building Number 295). Alongside the application site, defined in blue is additional land including St. Catherine's Terrace and associated gardens, brooghs and the rest of the Cosy Nook café which is in the same ownership as the application site (Port Erin Commissioners). The beach is leased from Government to the commissioners. The roadway leading to the site from the promenade is owned by Government (Department of Infrastructure).
1.2 The houses on this part of Shore Road have for the most part no off street car parking spaces with a small number of parking spaces available off the main carriageway but which are also available to the public.
1.3 The existing café building is a traditional two storey cottage which has an additional section on the shore side in the same style and of the same height and detailing but which has had a single storey, flat roofed annex added to the southern elevation and another flat roofed annex on the rear (north) elevation. Some of the windows are boarded up and others are casements or fixed lights. The roof is finished in fibre cement dark coloured thin tiles and the walls are lime washed stone.
1.4 The building has to the east and north existing grassed brooghs which are generally higher than the application site, the rear flat roofed annex being built into the brooghs at the rear.
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These brooghs are owned by the applicant. The area to the north of the building is described by the applicant as a boat store under licence from the applicant and where the boats are shortly to be moved as the licence has expired.
1.5 Following consideration after the application had been validated, the description of the development and its address were amended to remove elements which do not require planning approval (the use of the existing café curtilage for the serving of food and drink for consumption on and off the premises) and the inclusion of part of the beach in the site address. This information was re-publicised and comments requested to be submitted prior to 21st May, 2021. This report has been completed prior to the expiration of this period and any further comments received will be verbally referred to the Planning Committee prior to their determination of the application.
THE PROPOSAL 2.1 The originally submitted application form describes the proposal as follows: the courtyard area of the existing Cosy Nook Cafe is to be used as a temporary event and bar space. A 6m x 8m temporary marquee will be erected on the paved area between the existing cafe and the WC facilities and a temporary decking area is to be installed to level the varying stepped area to the north. Timber access stairs will provide access to the beach which will be used for additional seating. The bar is to be in use from the 15th of May to the 15th of October in Summer 2021 to 2023. The amended description is for the erection of a 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.
2.2 The existing servery attached to the café is to be used for food preparation and storage area with the existing server window to be used as a main counter for the bar and café. Planning approval is not required for this. Also proposed is the erection of a temporary deck area in front of the café to the west of the servery and its use for sitting, the erection of a temporary marquee to the south of the server, the introduction of temporary steps from the new deck to the beach where there will be an area 14m by 15m occupied by deck chairs with small tables, larger tables and where this part of the beach will be delineated whilst in use - May to October inclusive, 2021 - 2023 and not publicly available during those times. Planning approval is required for this as it is changing the use of the beach area (public open space) to the sale and consumption of food or drink.
2.3 Drawings have been supplied which show the proposed marquee which is a tented structure with openable sides and clear 'windows' in some of the walling. This is 2.3m to the eaves and 3.15m to the ridge.
2.4 The applicant explains that the proposed operator had a temporary use of the site for four weeks in the summer of 2020 but without a marquee and their aspiration is to do the same operation but with more organisation, throughout the summer season of this and the next two years. They explain that the Cosy Nook café closed in May 2019 after a structural engineer recommended that areas of the building should no longer be used and it has been closed and unoccupied since. The building was Registered in April, 2021. The owners have applied to the Department for the removal of the building from the Protected Buildings Register.
2.5 They describe the impact on those in the vicinity as an experience of slightly increased footfall similar to what would arise if the café were still open and opening hours will be agreed as part of the Licence application. They suggest that lighting will be kept to the minimum required for the safety of customers during opening hours only.
2.6 No changes are proposed to the access or the existing public parking areas. Deliveries would be made via the same access route but managed to ensure that any overlap between pedestrians and deliveries and minimising any impact on the slipway.
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2.7 They advise that the site lies within a high risk of tidal flooding and refer to the Mean High Water line which is approximately 30m to the west of the wall which separates the courtyard from the beach and the flood risk maps indicate that the courtyard in which will sit the marquee lies within a 1 in 200 year flood zone and could be affected by exceptionally high tides or storm surge conditions. They refer to flooding occurring occasionally during winter time but this is rare during the summer period when the proposal will be operational. They suggest that the beach bar and café will be open only in good weather and will remain closed if there is any risk of very windy conditions or rough seas. Should a weather warning be issued with particular risks to this site, the applicant and operator will take down the marquee and secure or remove any items which may be at risk. They also advise that the potential operator already operates a venue in Port Erin Bay and they take the same precautions there.
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 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 above, the Cosy Nook is now a Registered Building. The site also partly lies within an area of High Risk of tidal flooding which includes all 540m of the beach.
3.2 As such, the following policies are considered relevant:
Environment Policy 1 presumes against development in areas not designated for development (considered as countryside within this policy). General Policy 3 provides details of where exceptions may be made to this general presumption.
General Policy 2 provides standards which should be applied to development, stating that this is where the proposed land use is in accordance with the land use designation on the development plan and which requires, inter alia, that development respects the character and appearance of the area and the living conditions of those in adjacent properties.
Environment Policy 35 and Planning Policy Statement 1/01 CA/2 which require development to preserve or enhance the character or appearance of the area.
3.3 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
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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)."
3.4 The existing building is not included in the Area Plan as worthy of consideration for Registration.
3.5 The site lies partly within a High Risk Zone for Tidal Flooding. As such, Environment Policies 10, 11 and 13 and General Policy 2l are applicable which presume against development in areas that flood and where the development would be at risk of flooding or cause a risk of flooding elsewhere.
3.6 Transport Policies 4 and 6 require that the existing highway network is capable of accommodating the proposed development and pedestrians will be given as much weight as other road users. Car parking is required to be provided in Transport Policy 7 and parking standards are set out in Appendix Seven. There are no specific standards for cafes although town centre shops require "spaces for service vehicle use and developments for assembly and leisure (the proposed function suite) require one space per 15 sq m of gross floor space.
3.7 Registered Buildings and their settings are protected under Strategic Policy 4,
3.8 Environment Policy 33 allows the change of use of a Registered Building provided that the use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest. Planning Policy Statement 1/01 requires attention to the effect of development which would affect a Registered Building or its setting to be given in any decision and also special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses (RB/5).
PLANNING HISTORY 4.1 The existing rear annex was approved under 10/00774/B. There is a current application for the demolition of the existing café and its replacement with a new building (20/00598/B).
REPRESENTATIONS 5.1 Port Erin Commissioners advise that they will be considering the application on 11th May, 2021 (15.04.21).
5.2 Highway Services do not oppose the application (16.04.21 and 29.04.21).
5.3 DoI Flood Risk Management Team were asked for their views on 13th May, 2021 and responded on the same day confirming that they do not oppose but that they would take the opportunity to remind the applicants that this area can be impacted by storm events and if there are warnings issued by the MET Office that the facility is closed to the public, setting this out in writing on 17.05.21.
5.4 Principal Registered Buildings Officer - refers to Environment Policy 32, Strategic Policy 4 and Planning Policy Statement 1/01 and concludes that "Given the temporary and seasonal nature of the proposals, the building's use as a café and that all work will not physically be attached to the registered building and fully reversible I do not consider the proposals will impact upon the setting of the registered building or the character or appearance of the proposed conservation area.
Please ensure that conditions ensure both the temporary and seasonal nature of the proposals." (14.05.21)
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Local residents 5.5 There are representations from the owners of 1, 4, 5, 7 and 9, Windsor House which sits on the higher promenade which is 35m from the application site who all raise objections to the application on the basis of noise nuisance, citing issues which arose when the site was used in summer 2020 including noise from bottle collections along with amplified music from the beach stage. They also suggest that the proposal fails to respect the residential character of the area. They express concern at the loss of public beach and that there are already sufficient opportunities for the consumption of alcohol in the village including the Foraging Vintner's own permanent premises less than 200 yards away. They suggest that there is a conflict of interest with the Commissioners who are the owners of part of the site and who terminated the previous tenant's lease and there are no proposed limits to noise levels in the application. They refer to events which are held on the beach throughout the summer and this additional facility could be the straw that breaks the camel's back for residents. There is concern about the adequacy of parking, additional traffic particularly on the residents of St. Catherine's Terrace, the impact on the now Registered Building and the Coastal Guide's reference to respecting the rights of all users of the coast (18.04.21, 19.04.21, 20.04.21, 22.04.21, 06.05.21).
5.6 The occupant of 2A Princess Towers considers that if approval is granted until 2023 the building will have been empty for at least 5 years with no incentive for the Commissioners to do any repairs with a view of opening it up and will therefore fall into further disrepair and they are opposed to the application for that reason (08.05.21).
Those supporting the application 5.7 There is a representation from a local resident of Bradda, Bradda West Road from where the site may be seen, who supports the application, and is pleased that the building is being retained and that some use of it is being made until it can be re-developed. They consider that the prospective operator of the site to be a very respectable good quality business which does not attract trouble makers and businesses such as this should be encouraged at every opportunity, particularly post-COVID and permission should be grated and Port Erin not be allowed to wither and die. They consider that there need to be more things to do when people come to Port Erin and make it a destination venue (17.05.21).
5.8 The resident of The Mount, Mount Gawne Road supports the application and welcomes having someone prepared to invest time and money in providing a venue for visitors and locals and issues of noise can surely be managed with careful and detailed operating conditions (08.05.21).
ASSESSMENT 6.1 It is important to clarify at the outset which parts of the proposal require planning approval. The curtilage of the cafe may lawfully be used for the consumption of food within and potentially off the premises through years of use as a café. The matter of the playing of music is dealt with under the Licensing Acts not the planning system and there are currently no planning conditions on the times when the site may operate for the serving of food. As such, objections on the basis of potential noise nuisance would only be relevant were the erection of the marquee, decking and steps likely to increase the amount of noise which could arise from the site as the site could be used for those purposes without the need for planning approval. In considering this it is relevant that if the weather conditions are particularly windy or there is a risk of flooding then the marquee could be removed and the facility closed.
6.2 The beach does not have planning approval (and indeed is not designated) for any particular purpose so its use for the consumption of food where the area is cordoned off from the public would be a material change of use. Permission is also required for the installation of the steps, decking and marquee. It is important to bear in mind that the potential operator could use the existing building and space in front of it for the serving of food and the holding of events where food and/or drink is served.
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6.3 Permission is required for the erection of structures including the deck, steps and marquee. The potential issues in this case are the potential impact of the development on the living conditions of those in nearby properties, the impact on highway safety, the impact on flooding and the impact on the character and appearance of the area, taking into account the Registered status of the café building and the potential Conservation Area in which the site sits.
Impact on the living conditions of those in nearby properties 6.4 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 something that already happens on the beach. In itself then, this is not considered to have a detrimental impact on the area or the residents therein, none of whom on Shore Road have objected to the application. The cordoning off of a section of the beach will have a visual impact as there will be barriers where there currently aren't any and this area will not be available to the public as it currently is. Whilst a loss of public open space is usually something to be discouraged, this area will be available to the public if they choose to eat or drink here and the proposed section is a very small proportion of the beach and what remains is not considered to be so reduced as to result in the beach being unusable by the public. It is also relevant that this is the only commercial premises which physically abut 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 highway safety 6.5 DoI Highway Services confirm that there is no adverse highway impact from the proposal. Much of the use is not the subject of planning control as the site already has permission for use for Class 1.3 and the additional decking, steps and marquee are not likely to change that impact.
Impact on and from flooding 6.6 The site experiences flooding and the applicant is aware of that. They propose to keep aware of potential flood/high tidal situations and as such have contingency plans for that occurring as advised by the Flood Risk Management Division who do not object to the application. 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.
Impact on the character and appearance of the area 6.7 The introduction of decking and steps will add marginally to the structures in the area although as there is a car parking area very close to the café, the setting of the café which is a Registered Building is not wholly original. It is also important to note that the physical works are temporary only and can be removed. The building is not currently used and has a modern, flat roofed annex against which the decking and the marquee will sit. It is important that uses are found for fabric of historic or architectural interest so that they may be maintained and this could be seen as a short term introduction of a use for the building, or part of it, in the building's longer term interest.
CONCLUSION 7.1 The proposal is considered to comply with General Policy 2, Environment Policies 1, 10, 11, 13 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 Class 1.3 use, its use for public sitting, eating and drinking is already established and the only difference is that the area will be cordoned off and only those consuming food and drink purchased on the premises will be allowed to remain within it. The beach is a considerable length and the proposal only a small part of it and it is considered that the temporary nature and the layout and appearance of the proposal result in it being concluded that this impact is acceptable despite the site not being designated for development.
INTERESTED PERSON STATUS
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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.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
I can confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to the it 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: 24.05.2021
Signed : S CORLETT 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
Customer note
This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
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PLANNING COMMITTEE DECISION 24.05.2021
Application No. : 21/00352/B Applicant : Mr & Mrs Mary Beth Coll Proposal : 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. Site Address : The Cosy Nook Cafe And Part Of Beach Shore Road Port Erin IM9 6HH
Principal Planner : Miss S E Corlett
Presenting Officer As above
Addendum to the Officer’s Report
Further to the completion of the officer's report responses were received from Port Erin Commissioners (19.04.21) supporting the application, Ecosystems Policy Office (21.04.21) who advise that further details of bin provision and waste management practices and limitation of the use of single use plastics and advising of the proximity of the Marine Nature Reserve. A further representation was received from Apartment 227 in the Cherry Orchard in Port Erin supporting the proposal and noting that this will be a new facility which combines a new business with a protected landmark and the beach is so wide no-one will be deprived of a good spot. Finally, Rushen Heritage Trust (19.05.21) do not object to the use of the site for the proposed purposes for asince this will bring the site back into temporary active use. They do, however, object very strongly to the continued use of the site after that time as in their view it will prejudice building work on the Registered Building which will be being undertaken in 2022 and 2023 and site evaluation and professional assessments which will be necessary. They consider that there is no need to plan now for two and three years' time and there will be an election for the Board of Commissioners and they may not wish to have the site used as such. They also comment that the sale of alcohol would be a departure from the traditional use of the property as a beach side cafe.
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