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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 21/01265/B Applicant : Mr Leo Cussons Proposal : Conversion from leisure facility to retail unit Site Address : Cherry Orchard Swimming Pool Bridson Street Port Erin Isle Of Man IM9 6AN
Planning Officer: Miss Lucy Kinrade Photo Taken : Site Visit : Expected Decision Level : Planning Committee
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 04.04.2022 __
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. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 (or any Order revoking and/or re-enacting that Order with or without modification), the use of the building hereby approved shall be for Use Class 1.1 only, and for no other purpose in the Order at any time.
Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.
C 3. For the avoidance of doubt, no approval is granted to the signage shown on 'Proposed Front Elevation' drawing.
Reason: Signage must be subject to a separate assessment under the Advertisement Regulations 2013.
This application has been recommended for approval for the following reason. The physical works to the building are considered to be acceptable and in keeping with the overall town centre streetscene in line with general design standards set out in General Policy 2, and although contrary to those policies which seek to provide and protect existing sports and recreational facilities, on the strict basis of the evolved planning history of this site and that
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the proposal for the replacement of the recreational leisure facility with a local shop contributing to the local community facilities that the proposal is considered to be acceptable in this case in line with Strategic Policy 1 and meeting the principles of Recreation Policy 2 and Community Policy 4.
Plans/Drawings/Information; This approval relates to Existing Front Elevation, Proposed Front Elevation, Location Plan all date received 30/11/2021 and Location Plan Car Parking and Site photograph both date received 04/02/2022, and Existing and Proposed floor plans both date received 06/04/2022. __
Interested Person Status - Additional Persons
None __
Officer’s Report
THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE SITE IS DESIGNATED FOR TOURISM AND THE DEVELOPMENT PROPOSES RETAIL USE OF THE SITE.
THE SITE 1.1 The site is part of the Cherry Orchard, Port Erin. The complex was once an aparthotel offering both hotel and self catering accommodation including a bar restaurant, gym and swimming pool facilities. Over time the complex has dissolved and what was once a key tourist destination in the centre of Port Erin, has overtime been lost, and a number of piece meal applications have been approved for its alternative use including change of use of tourist apartments to full residential use 18/00747/C and the change of use of the bar restaurant to a retail facility under 18/01028/B.
1.2 The swimming pool facility sits at the northern end of the building alongside the access into the rear parking area of the site. This pool building is hexagonal in shape and has an existing hardstanding area to the front running along Bridson Street. There are two long and narrow windows on the main front elevation facing Bridson Street.
THE PROPOSAL 2.1 Proposed now is the change of the use of the swimming pool area into a retail facility.
2.2 The application also includes modification to the existing front elevation windows into larger windows and the installation of a set of double doors to provide direct access from the street.
2.3 Information submitted with the application indicates that the retail facility is to be occupied by the same local trader whom occupies the retail facility in the bar restaurant area approved in 2018.
2.4 Additional information provided for the application indicates that the parking for the proposed retail facility is to be three spaces to the front of the building on hardstanding running along Bridson Street.
PLANNING HISTORY 3.1 Aforementioned, the site as a whole has been the subject of many applications for various alterations and a number of conversions of some of the tourist units into permanent residential apartments the most recent being 18/00747/C in which the remaining 25 units were approved at appeal for conversion to residential use. As part of this appeal the Minister recommended a number of conditions one of which required the parking to be provided in full
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accordance with the submitted and approved plan - this showing three spaces to the front of the pool for use by the pool.
3.2 Other applications also considered relevant are 18/01208/C which was approved for the change of use of the bar to a retail facility.
PLANNING POLICY 4.1 The Cherry Orchard in its entirety is designated on the Area Plan for the South 2013 (APS2013) as Tourism (Hotel), and is specifically referred to in the Area Plan Written Statement under Tourism Proposal 1.
Area Plan for the South 2013 4.2 Tourism Proposal 1: The following hotels have been identified as important to tourism and must be retained for hotel use: the Castletown Golf Links; the Sefton Express Airport Hotel; the Cherry Orchard; and the Falcon's Nest Hotel. Proposals for redevelopment or re-use will not be permitted unless it can be demonstrated that hotel use is no longer commercially viable.
4.3 APS2013 indicates that most of the sports provision seemed to be in the Castletown area. The Dept. of Transport and Leisure (DTL) Sports and Recreation Strategy 2002-2012, identifies the need to provide a facilities based on the centres of population and therefore community demand, and that these regional centres are to provide as a minimum of facilities such as community sports halls, floodlit all weather pitches, golf course, tennis courts and an indoor swimming pool (para 8.6.1).
4.4 Para 8.3 states that the Isle of Man Sport and Recreation Strategy 2002-2012 acknowledges that the funding for, and supply of, facilities and opportunities for sport and recreation is not the prerogative of a single provider. There are a number of partners responsible for different types of provision, including Government Departments, Local Authorities, IoM Sport, sports clubs, and private and commercial providers in its aim to "To provide and promote access and opportunities for the Island Community and visitors to participate in sport, leisure and recreation''. In 2005, Tynwald approved the Children and Young Persons Strategy in which is it is acknowledged that sport can make a significant contribution to enable vulnerable children to be socially included in the centre of the Island's community. In its Strategy Review 2006 the DTL set out its agenda for action, which included identifying the need for facilities throughout the Island. The provision of community sports and recreation facilities has been subject to further study and Para 8.4 indicates that an audit of sports, recreation and community facilities in the South has been undertaken and this full list is contained in Appendix 6. The 'Cherry Orchard Pool & Gym' is listed as a regional facility. The APS2013 states that in general, the South has adequate provision of, and access to, sports facilities, although it is accepted that these facilities will continually need upgrading. A need for rugby, hockey and football pitches was identified and a site at Ballakilley was highlighted as a possible location for new pitches along with a site in Colby.
Isle of Man Strategic Plan 2016 4.5 The IOMSP follows suit in that it highlights the quality of life on the Island is improved by attractive open space and by facilities for recreation and other community purposes and that planning policy should seek provision, protection and enhancement of such spaces and facilities, and the continued development and growth of sport on the Island and that Area Plans should incorporate an assessment of sport and recreation need and provisions and make good any deficiency in provision, and should include, where appropriate water-based sport and recreation.
4.6 Loss of community facilities is addressed in both Recreation Policy 2 and Community Policy 4 of the IOMSP both of which are relevant in the case of this application:
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4.7 Recreation Policy 2: 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.
4.8 Community Policy 4: Development (including the change of use of existing premises) which involves the loss of local shops and local public houses, will only be permitted if it can be demonstrated that the use is no longer commercially viable, or cannot be made commercially viable.
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 (12/01/2022).
5.2 Department of Infrastructure Highway Services - Do not oppose (16/12/2021 and 08/03/2022).
5.3 No comments received from neighbouring properties.
ASSESSMENT 6.1 The current application comprises two parts, the installation of windows and doors to the existing front elevation and for the change of use of the building. The former physical works are considered to be visually acceptable and in-keeping with the overall building and town centre streetscene, therefore the key matters of the assessment fall to whether or not the change of use and loss of the swimming pool facility is acceptable.
6.2 In its earlier years The Cherry Orchard aparthotel offered a degree of community facilities through an onsite gym, swimming pool and café, restaurant and bar all which supported its original tourist use. However over many years the site was subject to a number of planning applications which sought the change of use of hotel rooms and a number of apartment into residential use through piecemeal applications. Information in the 18/00747/C indicates that the complex runs on a communal heating system including the pool and that the management company for the building were subject to legal action taken by permanent residents over 'excessive' service charges of the building. It is understood that these legal proceedings concluded in the tribunal requiring the entire complex to be either full tourism use or full residential use. The Inspector for 18/00747/C recommended refusal on grounds that it "is not considered in this instance that viability has been sufficiently demonstrated to justify the permanent loss of the tourism land use designation of the site, contrary to TP1 of the APS". However, the Minister overturned this and approved the application stating that 'the minister is simply not persuaded that the 25 apartments which are the subject to this appeal are viable and would in any event continue to operate in tourist use. In any event, the Minister returns to the particular wording of Transport Policy 1 which requires only that it is demonstrated that the hotel use is (emphasis added) is no longer commercially viable. To that end, and as detailed previously, the Minister finds that the evidence that the hotel use is not viable is indisputable." The application was approved subject to a Section 13 Legal Agreement for provision of a commuted sum in lieu of affordable housing provision. There was no requirement to provide open space contribution as the site was already served by public open spaces.
6.3 The issues that we have in this case is that the culmination of the previous approvals has resulted in a facility which is no longer tourist based. The heating demand of the pool is
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outlined in supporting documents of the 18/00747/C application and while online research indicates that the pool was privately operated for a number of years, it appears that liquidation of the management company and the necessary funding required by the private company to retain the operation was too high. This company has since ceased operating the business (2020) and the pool is understood to have been empty since.
6.4 While there are several paragraphs and policies which seek to protect existing facilities and ensure the provision of new facilities, the stark reality in the case of this application is that the likelihood of the management company bringing the pool back into operation is unlikely given their approach to historic applications. The only exception in this instance is the fact that the pool facility is being converted into a retail facility providing a local community shop for Port Erin. Although losing a sport and recreational facility which was once considered to contribute to the regional facilities in the south, on the strict basis that the proposal remains now for an alternative community shop retail facility that the proposal is considered to be within the bounds of acceptability on a one for one basis to afford support.
CONCLUSION 7.1 The physical works to the building are considered to be acceptable and in keeping with the overall town centre streetscene in line with general design standards set out in General Policy 2, and although contrary to those policies which seek to provide and protect existing sports and recreational facilities, on the strict basis of the evolved planning history of this site and that the proposal for the replacement of the recreational leisure facility with a local shop contributing to the local community facilities that the proposal is considered to be acceptable in this case in line with Strategic Policy 1 and meeting the principles of Recreation Policy 2 and Community Policy 4.
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 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: 11.04.2022
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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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