Planning Officer Report and Recommendation

Part 1 ## Planning Report And Recommendations {{table:306978}} ### Considerations {{table:306972}} ### Written Representations {{table:306973}} ### Consultations {{table:306974}} {{table:306975}} {{table:306976}} {{table:306977}}

Officer's Report

The Site

The application site represents the curtilage of the marine Hotel, Shore Road, Peel. The building is used as a public house, a restaurant and has letting accommodation. There is an existing flat roof terrace above the single storey restaurant part of the building which presently has external access from Shore Road.

Planning Status

The application site is located within an area identified as being Mixed Use by the Peel Local Plan (Planning Circular 6/89) and is within the Peel Conservation Area.

Planning History

There are no previous planning applications considered relevant in the assessment and determination of this application.

Representations

The Department of Transport Highways Division has not commented on this application. Peel Town Commissioners have not commented on this application. The Isle of Man Fire and Rescue Service attaches a note to any subsequent approval. The Isle of Man Constabulary Alcohol Unit has submitted comments in relation to this application. We have received no privately written representations in relation to this planning application.

The Proposal

This application seeks approval for alterations to part of a rear outlet and the use of the roof patio as a smoking area. The alterations include the raising of the roof of a section of the building at the rear in order to provide a door access from the bar below onto the roof terrace.

Assessment

The physical alterations to the building are relatively minor and being located to the rear of the building would have limited visual impact upon the existing building and the Conservation Area setting.

The use of the patio space as a smoking area raises concerns as to the potential for disruption and disturbance to the residential properties located to the south of the site, namely numbers 36, 38 and 40 Market Street. These properties are situated in close proximity to the roof terrace with all having rear yard areas which are at a lower level than the raised terrace area of the proposal site. The roof terrace area would become more accessible to patrons and as such the prolonged use of the roof terrace would be encouraged. The size of the terrace would likely lead to groups of people using the area at un-neighbourly times. It is considered that the use of the roof terrace as a smoking area with access from within the public bar would result in an unacceptable level of disturbance to the residential amenity of adjacent properties.

Recommendation

It is recommended that the application be refused.

Party Status

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

• The Department of Transport Highways Division.
• Peel Town Commissioners.

Accordingly the following parties are not granted Interested Party Status:

• The Isle of Man Fire and Rescue Service.
• The Isle of Man Constabulary Alcohol Unit.

Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

R 1.

The proposed use of the existing roof patio as a smoking area would result in an unacceptable level of disruption, disturbance and overlooking to the adjacent properties numbers 36, 38 and 40 Market Street and as such would lead to an unacceptable adverse impact to their residential amenity.

I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)

Decision Made: Refused Date: 31.03.2008

Signed: [Handwritten signature] Mrs F Mullen Senior Planning Officer