10 April 2008 · Minister for Local Government and the Environment (following appeal inspector report)
The Marine Hotel, Shore Road, Peel, Isle Of Man, IM5 1ah
The proposal involved minor alterations to the Marine Hotel, a 4-storey public house with restaurant and letting rooms in Peel's Conservation Area, including raising part of the restaurant roof to install an internal spiral staircase for better access to an existing 98.6 sq.m flat roof patio already used by customers.
Click a button above to find applications similar to this one.
See how this application compares to similar ones — policies, conditions, and outcomes side by side.
The inspector concluded the proposed building works were small-scale and hidden from public view, having no significant effect on the Peel Conservation Area's character.
Time limit
The development hereby permitted shall commence before the expiration of 4 years from the date of this notice.
Approved plans
This approval relates to the plans and information 2007.1.01 and 2007.1.02 submitted and date stamped 14 December 2007.
Hours of use
The roof patio may be used only between 0800 hours and 2300 hours.
Expressed interest; recommended CCTV for supervision of roof terrace, fire escape consultation, and protection for restaurant skylight. Noted any capacity changes need Licensing Court approval.
Note received; attaches note to any approval (specifics not detailed).
Police Alcohol Unit raised supervision concerns and recommended CCTV, fire alarm linkage, and skylight protection, requiring Licensing Court approval; Fire and Rescue Service noted the property's fire certificate status and required pre-work consultation with Fire Safety Department.
Key concern: supervision of the roof terrace
Isle of Man Constabulary Police Central Alcohol Unit
No Objection"Any alterations to the premises which alter the capacity for drinking, communication between various areas of the premises, or natural supervision of the existing licensed areas of the premises will need to be approved by the Licensing Court before the commencement of any works."; "If the proposed roof terrace is to be licensed that will also need to be approved by the Licensing Court."; "It is recommended that a CCTV system be installed linked to a monitor clearly visible to members of staff behind the bar at all times."; "It is recommended that you consult with the Fire and rescue service regarding means of fire escape from the terrace"
Conditions requested: CCTV system be installed linked to a monitor clearly visible to members of staff behind the bar at all times; gate on stairs be linked to an audible alarm to alert bar staff of its use if it becomes a fire exit; skylight be protected in some way to prevent persons falling through or objects being thrown through the glass panels
Isle of Man Fire And Rescue Service
Conditional No ObjectionThis type of property falls within the scope of the Fire Precautions Act 1975 as such has been issued a fire certificate, therefore prior to any work being carried out the applicant must contact the Fire Safety Department to discuss the proposal.
Conditions requested: prior to any work being carried out the applicant must contact the Fire Safety Department to discuss the proposal
The original application for alterations and use of an existing roof patio as a smoking area at the Marine Hotel was refused by the Planning Committee on 08.04.2008, primarily due to concerns over increased disturbance and loss of privacy to nearby residents. The appellant argued that the patio was already in use, the changes were minor and not visible, and better access would reduce pavement smoking issues while maintaining control over patrons. The council defended the refusal citing potential noise and privacy impacts in the conservation area. The inspector found the works minor with no significant visual or amenity harm, noting existing use and licensing controls, and recommended approval with conditions limiting hours and tying to submitted plans. The appeal was handled via public inquiry on 22 July 2008.
Precedent Value
This appeal shows that minor alterations improving existing facilities in conservation areas can succeed if no evidence of current harm exists and licensing provides amenity safeguards. Applicants should emphasise existing lawful uses and mitigation like CCTV/hours limits.
Inspector: Michael Hurley
