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21/01313/B Page 1 of 6
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/01313/B Applicant : Manxonia Limited Proposal : Conversion of existing residential and commercial space into retail (class 1.1), tea rooms (class 1.3), restaurant (class 1.3), and tourist accommodation above Site Address : Overcliffe The Promenade Port St. Mary Isle Of Man IM9 5DA
Planning Officer: Miss Lucy Kinrade Photo Taken :
Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 19.01.2022 __
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. No customers shall be served or remain in the building outside the following hours: 9am - 11pm.
Reason: The application has been assessed on this basis as requested in the application and in the interests of public amenity.
This application has been recommended for approval for the following reason. The proposal is considered to have an acceptable principle in accordance with Mixed Use Proposal 2 and paragraph 6.6.2 of the Area Plan for the South 2013 and Business Policy 1 of the IOM Strategic Plan 2016, to have an acceptable visual, amenity and highway safety impact to comply with General Policy 2 (b, c, g, h and i) and Transport Policy 7, and not to result in any visual harm to the character and appearance of the proposed Conservation Area as to meet with the principles of Environment Policy 35 of the IOM Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to Architects Design Statement and the following drawing numbers all date stamped and received 22/10/2021: 2102/01 Location Plan 2102/02 Existing Plans
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2102/03 Existing Sections & Elevations 2102/04 Proposed Plans 2102/05 Proposed Sections & Elevations __
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):
The owner of Glendown House, Truggan Road, Port St Mary (representative of Sugarloaf Cafe)
Officer’s Report
1.0 THE SITE 1.1 The application site relates to Manxonia House and Overcliffe, a prominent former Victorian school building on the southern corner of The Promenade and Bay View Road in Port St Mary. Sitting between Overcliffe and the stone boundary wall with The Town Hall is an existing garage building attached to the gable of Overcliffe.
1.2 The application sits within the proposed Port St Mary Conservation Area.
1.3 There is currently off-road parking for the site accessed directly from The Promenade, three spaces with the curtilage of Manxonia and at least one space and a modest yard area within Overcliffe.
1.4 The building is an attractive stone-faced structure which has two storey elements, roof accommodation with single and two storey annexes. The attached garage is single storey with a painted render finish and a traditional slate roof matching the main building. The last use of the ground floor of Manxonia House was a shop and offices and with living accommodation above the shop unit. Overcliffe and the garage is shown on plan to be a two bedroom dwelling.
1.5 The site was recently approved under PA 21/00501/B for the conversion and alteration of Manxonia House for use as a bakery, tearooms and farm shop, this application included a number of external alterations including building of a porch along Bay View Road, changes to windows, installation of Velux, creation of staff balcony along The Promenade and replacement of windows with aluminium framed windows. The application was approved subject to a condition relating to its opening hours having no customers outside 8am-9pm daily
2.0 THE PROPOSAL 2.1 Since 21/00501/B the applicant has now acquired Overcliffe and seeks permission to extend those retail (use class 1.1) and tearoom food and drink (use class 1.3) facilities approved under 21/00501/B into Overcliffe to create a larger commercial kitchen area and tearoom area and to create a first floor restaurant.
2.2 In terms of physical works, the application duplicates those external works for Manxonia House already approved (as referred to in 1.5), with exception to the staff balcony which has now been omitted. The proposal also seeks approval for the replacement of the rear conservatory of Overcliffe with a larger conservatory to serve the tearoom.
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2.3 The application also includes the demolition of the existing garage and its replacement with a new two storey extension to provide a tourist unit. This extension is to attach to Overcliffe at first floor and with a covered walk through below connecting to the rear garden area serving the tea rooms and tourist unit. The tourist unit is to have 3 bedrooms and 2 bathrooms at ground floor and living accommodation above with a rear first floor balcony.
2.4 The proposal now seeks to operate the proposed retail, tearoom and restaurant facilities between 9am - 11pm. With use of the external gardens restricted to 10pm.
3.0 PLANNING HISTORY 3.1 The site has been subject to a number of previous applications, the most materially relevant is PA 21/00501/B which was approved earlier this year for Manxonia House only for its "conversion of existing office, residential and retail space to retail (class 1.1) and tea rooms (class 1.3)". The proposal included the change of use and a number of internal and external works to facilitate its conversion similar to those works proposed now. The application was approved subject to a condition relating to its opening hours having no customers outside 8am- 9pm daily.
4.0 PLANNING POLICY 4.1 The site falls within an area zoned as 'Mixed Use' on Area Plan for the South 2013 (Port Erin & Port St Mary). As such, General Policy 2 which sets out the general standards towards acceptable development is the key policy in the consideration of this application. The site also sits within the proposed Port St Mary Conservation Area and so further consideration shall be given to Environment Policy 35 in ensuring no harm to its potential conservation status in the future. In light of the proposes new uses regard shall be given to Business Policy 1 which supports such growth or employment opportunities while Transport Policy 7 will cover highway issues and parking standards.
4.2 The Area Plan for the South 2013 also contains a number of policies which cover the mixed use areas within the plan:
4.3 Mixed Use Proposal 2 states: "Within the Port St Mary Mixed Use area alternative uses to retail use on the ground floor of units may be acceptable if such uses would add to the vitality and viability of the Village. Residential uses will not normally be accepted, subject to the circumstances and merits of such a use. Applications will be considered on their merits taking into account the proposed use, impact on adjacent properties and impact on the character and appearance of the area."
4.3 Paragraph 6.6.2 clarifies appropriate uses for mixed use areas: "Development within an area of Mixed Use (as designated on the Proposals Map/Inset Maps) or those sites proposed for Mixed Use (identified on the Maps as 'Proposed Mixed 76 Use') will comprise a mix of some or all of the following uses: residential; shops; financial and professional services; food and drink; research and development, light industry; hotels and hostels; hospitals, nursing homes and residential institutions; community uses; leisure; tourism and open space. For applications relating to sites proposed for Mixed Use, the mix and types of uses on the site will be determined on their merits in accordance with the Proposals in the Area Plan and the Isle of Man Strategic Plan Policies."
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Port St Mary Commissioners - no objections (25/11/2021).
5.2 Department of Infrastructure Highway Services - Do not oppose (10/11/2021).
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5.3 The owner of Glendown House, Truggan Road, Port St Mary - concerns (24/11/2021) - they are the proprietor of a café close to the site and they raise concern that the existing public car park is busy at weekends during the summer and the new business will further reduce this capacity, and that there is little alternative road parking which will restrict trade for all businesses. They indicate that a solution would be to permit parking in the school car park at weekends and summer holidays and suitable signage for this at the town hall.
6.0 ASSESSMENT 6.1 In the case of this application the proposal now duplicates those external works and changes of use approved under 21/00501/B and seeks to expand these approved uses into the adjoining building Overcliffe and extend opening hours from 9pm to 11pm, and also now proposed is the erection of a new rear conservatory and the creation of a new tourist unit in place of the existing garage.
Changes of Use 6.2 The proposed shop, tearoom, restaurant and tourist uses would meet with the Mixed Use land designation and those Development Plan policies which seeks to direct such uses so existing town/village centres so as to keep them vibrant and viable, and therefore acceptable in principle.
6.3 As indicated in the officer's assessment of 21/00501/B, the proposal would bring the building back into commercial use and in turn would inevitably increase the level of activity expected at the site. The previous officer included a condition restricting no customers after 9pm to help reduce any risk of noise disturbance during unsociable hours. This site is however located in the centre of Port St Mary and amongst similar uses and other commercial businesses. The extension of the opening hours to customers to 11pm is not considered to be so unreasonable or unsocial as to result in such an adverse or severe impact on the adjacent neighbours or surrounding environment as to warrant a refusal in this case given the central location within the mixed use area. It should also be noted that other licensing and legislation (alcohol licenses and noise act) outside of planning will also offer a level of control should any issues arise.
Physical Works to Manxonia and Overcliffe 6.4 This site and building is within the Proposed Conservation Area (PCA) where development ultimately need is to preserve any elements which contribute to the character and appearance of that area. Any works which would jeopardise the potential for adoption as a full Conservation Area should be avoided.
6.5 In this case the external works front the rood facing elevation and those extensions at the rear are fairly modest and of an acceptable size and design so as to ensure a sensitive refurbishment of the two buildings particularly in preserving their overall contribution to the character and appearance of this part of Port St Mary and its proposed Conservation Area status.
Tourist Unit 6.6 This element of the scheme is likely to be the most visually notable given the changes being made. The scheme seeks to demolish an existing garage building and replace it with a larger and taller extension. The proposed extension is to matching with the overall form and proportions of the main building albeit with a slightly stepped down ridge and eaves level which help to maintain a subordinate appearance. Its finish in painted render also offers a contrast between the old and new here and one which is not considered to be visually unacceptable also minded of the rendered traditional properties in the surrounding area. The proposed tourist unit is to have a projecting front gable and a pitched roof design throughout finished in natural slate to best match the main building. At the rear the proposal includes a flat roof extension above which is to be a first floor balcony area. The character of the area is predominantly formed through the front and roadside elevation sand so there is some degree
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in flexibility in works at the rear. In this case the flat roof and balcony elements are considered to be visually acceptable and not to result in any significant amenity impacts on the surrounding properties.
Parking 6.7 The total on-site parking provision would be 6 spaces, five for use by Manxonia and Overcliffe, and one for use by the tourist unit. One of these spaces would also be disabled friendly. The site is within a sustainable location and easily accessible by public transport and on foot and also benefits from a public car park on the opposite side of the road and on street parking in the area. While a nearby business has raised issue that the proposal will restrict parking available for other trades in the area It is not considered that the proposal in this case would give any significant rise beyond the extant approval to warrant any issues in this case and that given the central location and existing adequate parking and bus stops in the area the proposal remains acceptable in terms of car parking and highway safety. As reference in the third party comments, any parking in school grounds would not form part of this application and should be dealt with separately.
7.0 CONCLUSION 7.1 The proposed works are considered to have an acceptable visual and amenity impact on the existing site and on the surrounding neighbouring living conditions. The proposed works are not considered to result in any adverse visual impacts to the overall character and quality of the streetscene, and the general appearance of the Proposed Conservation Area is to remain unharmed. While the proposed changes of use to Manxonia and Overcliffe will see an increased to the opening hours extended to 11pm, these increases are not considered to be so unreasonable or such unsociable hours given the central location of eth site within the 'mixed use' area so as to cause any significant adverse impacts on the amenity or living conditions of any surrounding neighbours.
7.2 The proposal is considered to have an acceptable principle in accordance with Mixed Use Proposal 2 and paragraph 6.6.2 of the Area Plan for the South 2013 and Business Policy 1 of the IOM Strategic Plan 2016, to have an acceptable visual, amenity and highway safety impact to comply with General Policy 2 (b, c, g, h and i) and Transport Policy 7, and also not to result in any visual harm to the character and appearance of the proposed Conservation Area as to meet with the principles of Environment Policy 35.
7.3 Appropriate conditions shall be added to the approval to reflect the approved opening hours to members of the public, to restrict any tourist use to no stay longer than 28 days.
8.0 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
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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 a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 25.01.2022
Determining officer Signed : J SINGLETON
Jason Singleton
Principal Planner
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