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21/00417/B Page 1 of 8
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. 21/00417/B Applicant : Port Erin Commissioners Proposal Erection of 12 temporary timber beach huts to be used between 28th March to 31st October annually Site Address Port Erin Beach Shore Road Port Erin Isle Of Man
Case Officer :
Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level Planning Committee
Recommendation
Recommended Decision: Permitted Date of Recommendation 03.06.2021
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. The beach huts hereby approved are permitted only on the application site between the period 28th March - 31st October in any one calendar year. There shall be no beach huts or associated equipment remaining on site outside of this period.
Reason: The application has been assessed on this basis only as requested within the application submission.
C 3. There shall be no overnight stays in any of the beach huts.
Reason: The application has been assessed on this basis only as requested within the application submission.
C 4. The use of the beach huts hereby approved is permitted only between the hours of 8am and 10pm daily.
Reason: The application has been assessed on this basis only as requested within the application submission.
This application has been recommended for approval for the following reason.
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The proposed beach huts are not considered to be inappropriate forms of development within this designated harbour area and their installation for the period specified is likely to bring community gain and support to the recreational use of the beach and sea by the public. The application is considered to accord with the principles of Transport Policies 13 and 14, to comply with Environment Policy 36 and General Policy 2 of the Isle of Man Strategic Plan 2016 and to be provided with suitable mitigation as to limit any significant flood risk in line with Environment Polices 10 and 13.
Plans/Drawings/Information;
This approval relates to drawing number 21-3089-01, supporting statement and flood risk assessment all received 16/04/2021.
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Interested Person Status - Additional Persons
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):
7 The Church View, Braddan Balliargey, Abbeylands Ballavale Farm (Old House), Santon Fotysdene Bawshen Farm, Crosby Kantara, Little Switzerland, Douglas 20 Fairway Close, Port Erin
as they do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (2020). __
Officer’s Report
THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS IT COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN LAND USE DESIGNATION AND IS RECOMMENDED FOR AN APPROVAL
THE APPLICATION SITE 1.1 The application site is a small section of Port Erin Beach sitting north of Leading Light Lighthouse and a short distance from Cosy Nook Café and the end of Shore Road.
1.2 The area is currently sandy beach with a stone wall immediately to the east, beyond which is a steep grass bank leading up to the promenade, Bradda and Spaldrick.
PROPOSAL 2.1 The application seeks approval for the erection of 12 beach huts for public recreational and community use providing space for changing or relaxing while at the beach.
2.2 Each hut is to measure 2.75m wide x 4.2m long and each is to have a small 1m deep raised deck to the front. The huts are to be pitched roofed measuring 2.8m high to centre line. Double doors will be installed on the fronts and will face west towards the bay.
2.3 The huts are to be installed between March 28th and 31st October each year only and available for use from 8am - 10pm. Overnight stays are not to be permitted. Supporting
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information indicates that the huts will be daily rentals but depending on demand weekly, monthly or seasonal lets may be considered and earlier morning community uses for clubs such as beach yoga, swimming or sea dipping may be considered along with group bookings for parties, special or corporate events.
2.4 Port Erin Commissioners (the applicant) indicate that the huts will have a nominated operator, with staff working from one of the huts and if not on site will be contactable 24/7 by phone. CCTV will operate in the area during evenings (in line with GDPR) and litter will be managed at the site with a contact with the local authority.
PLANNING HISTORY 3.1 There are no previous planning applications considered material to the assessment of this current planning application.
PLANNING POLICY 4.1 On the Area Plan for the South 2013 the site and surrounding beach is washed over blue as being part of the 'harbour area' and neighbouring the proposed Port Erin Conservation Area. The site is also recognised as being at 'High Risk' or tidal flooding on recent flood maps. Within the APS2013 there are a number of paragraphs relating to the ecological importance of the bay as a plaice nursery area, basking shark hotspot and as an important dive site and that any new development should be sensitive to this ecological importance and also the scallop 'closed area', this site is perhaps outside of that central 'bay' area and closer to the shore where there are no specific policies or paragraphs relating to beach huts or similar recreation uses. There are however a number of policies and paragraphs within the Isle of Man Strategic Plan 2016 considered relevant in the assessment of the current proposal relating to the existing community facility the beach already provides, ensuring limited impact on the designated harbour area, ensuring no harm to the adjacent proposed conservation area and outlining general standards towards acceptable development. Environment Policies 10 and 13 also seeks to outline the flood risk impacts of development and how it can be best mitigated.
4.2 Noting below; Transport Policy 14 indicates that there is potential for an Environmental Impact Assessment to be required for harbour works, however looking to both Appendix 5 of the Strategic Plan 2016 and UK Town and Country Planning (Environmental Impact Assessment) Regulations 2017 there is no reference to the need for an EIA for beach huts and therefore there is no requirement to submit an EIA in this instance.
4.3 Transport Policy 13: Development in or around harbours should neither compromise the ability of the harbour to accommodate other commercial or recreational users in a viable manner, nor be detrimental to the character of those harbours of historic interest.
4.4 Transport Policy 14: Any proposed schemes likely to impact upon the ecology and/or archaeology of a harbour or the nearby coastline should be accompanied by an Environmental Impact Assessment.
4.5 Recreation Policy 2 states: "Development which would adversely affect, or result in the loss of Open Space or a recreation facility that is or has the potential to be, of recreational or amenity value to the community will not be permitted except in the following circumstances: (a) where alternative provision of equivalent community benefit and of equivalent or better accessibility is made available; and (b) where there would be an overall community gain from the development, and the particular loss of the open space or recreation facility would have no significant unacceptable effect on local open space or recreation provision or on the character or amenity of the area."
4.6 Environment Policy 36:
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"Where development is proposed outside of, but close to, the boundary of a Conservation Area, this will only be permitted where it will not detrimentally affect important views into and out of the Conservation Area."
4.7 General Policy 2 states (in part): "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 spaces 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 unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (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"
4.8 Environment Policy 10: "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."
4.9 Environment Policy 13: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Port Erin Commissioners - in support (12/055/2021).
5.2 Department of Infrastructure Highway Services - Do not oppose (18/05/2021).
5.3 There have been 5 letters in support from various persons around the Island all expressing the benefit the huts will bring to those using the beach and their contribution to the atmosphere of Port Erin: 7 The Church View, Braddan Balliargey, Abbeylands Ballavale Farm (Old House), Santon Fotysdene Bawshen Farm, Crosby Kantara, Little Switzerland, Douglas
5.4 There has been one letter from a resident of Port Erin (20 Fairway Close, Port Erin) who expresses concern at the lack of toilet provisions and the potential for the huts to encourage persons to ad-hoc defecate between or behind the huts rather than walk the short distance to
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the public toilets. They suggest that a condition be added to ensure that the public toilets at Cosy Nook be made available at all times to the users of the huts.
ASSESSMENT 6.1 The principal issues to consider in the assessment of the application are; the principle of developing the site, the impact upon the harbour area, the impact on the character and appearance of the site and proposed Conservation Area and impacts in terms of flooding.
6.2 Although the site is not designated as 'Open Space' its role in the community is very much akin to public open space as well as contributing to the harbour area. Transport Policy 13 and Recreation Policy 2 state that development in or around harbour areas should not compromise commercial or recreational users or unacceptably effect open space or recreational provision. In the case of this application the physical siting of the huts will take away a small parcel of the open beach, however the intended facility is to be a community one encouraging and supporting the recreational use of the beach and surrounding area. For the period which the huts are to be in situ it is expected that they will result in an overall community gain and contribute to the public's use of the beach and sea.
6.3 The area which the huts are to occupy is proportionately small compared to the remainder of the beach and they are to be tucked towards the northern end beyond the existing lighthouse and along the stone wall. Views of the huts will be prominent from the bay, beach and the piers on the opposite side of the bay, although views from closer along Shore Road or from the promenade will be restricted due to the stone wall and existing buildings sitting between them and due to the topography of the steep banks. These types of structures are not uncommon at beach and coastal settings. While perhaps the first of their kind to be seen in recent years on the Island, historic images submitted as part of the application show their popularity in past times and it would not be considered out of keeping or detrimental to the seaside character of this location nor to adversely harm the general character and appearance of the adjacent proposed Conservation Area.
6.4 A local resident has expressed concern in relation to limited toilet facilities for the huts. A representative of Port Erin Commissioners indicated that the nearest public toilets are 200m away along Shore Road and that the users of the proposed huts would be no different to any other user of the beach and that most reasonable person would not be averse to walking the short distance to use these toilet facilities. This view is concurred with. Similarly most reasonable persons would discard of their litter in the appropriate receptacles provided and as indicated in the supporting information a contract with the Local Authority will be drawn up to deal with litter waste from the site. The use of huts on this part of the beach is not to be significant different to the available general public use without the huts and thus the harm in respect of amenities, ecology and the environment is to be negligible.
6.5 The site is identified as being 'High Risk' of tidal flooding. As part of the submission a Flood Risk Assessment (FRA) has been provided setting out and analysis and matters of the site and concluding with recommendations for mitigation in the event of flooding risk. DOI Flood Risk Management were consulted on the scheme but had not provided a response at the time of writing the report. The FRA states that the structures are to be used only during summer months and so any issues posed by winter or inclement weather related events are not likely to affect the proposal. The report indicates that the structures can be easily removed should coastal and tidal conditions pose a threat as alerted by meteorological weather alerts and that flood risk assessments must be reviewed annually. Minded that public users of the beach do so at their own risk it would be down to any reasonable person to assess beach and sea conditions prior to visiting. In the case of the beach huts, the application is submitted by the Local Commissioners and the huts are to be manned which could offer a secondary element of flood risk mitigation through their daily control of use or an alert to evacuate in case of an emergency. While freak adverse weather cannot always be planned for or anticipated, given the summer seasonal use of the huts coupled with the management and outlined removal in
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adverse conditions it is considered that the proposal would not be at such significant adverse harm in terms of flood risk to warrant a refusal.
CONCLUSION 7.1 Based on the above assessment it is concluded that the proposed works will likely result in an overall community gain and contributing to the recreational use of the beach and harbour area without generating any new or unacceptable impacts on the surrounding environment or to detriment the seaside setting and adjacent Conservation Area. The application is considered to accord with the principles of Transport Policies 13 and 14, to comply with Environment Policy 36 and General Policy 2 of the Isle of Man Strategic Plan 2016 and to be provided with suitable mitigation as to limit any significant flood risk in line with Environment Polices 10 and 13.
7.2 To reflect the basis of the application and its assessment by the public, consultees and Department alike, three conditions will be added to reflect the temporary nature of the huts being between 28th March - 31st October annually, no overnight stays, and operation between 8am - 10pm only.
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 above who should 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: 14.06.2021
Signed : L KINRADE 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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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 14.06.2021
Application No. : 21/00417/B Applicant : Port Erin Commissioners Proposal : Erection of 12 temporary timber beach huts to be used between 28th March to 31st October annually Site Address : Port Erin Beach Shore Road Port Erin Isle Of Man
Planning Officer : Miss Lucy Kinrade
Presenting Officer As above
Addendum to the Officer’s Report
Following discussion, the Planning Committee unanimously agreed that DOI Flood Risk Management shall be granted Interest Person Status.
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