90/1270 Appeal Approval Notice
Department of Local Government and the Environment
Rheynn Reiltys Ynnydagh as y Chymmyltaght
Government Offices, Buck's Road, Douglas, Isle of Man. Telephone: (0624) 626262 Ext. Chief Executive M. I. Savage
Please reply to the Chief Executive
Your Ref: __________________________
Our Ref: __________________________
Ref: MIS/MC 23rd July, 1991.
Dear Sir/Madam, ON APPEAL: 90/1270 - P. Joynes - Extension to increase living accommodation, Beachcomber, South Parade, Port Erin I refer to the recent appeal hearing in respect of the above planning application.
In accordance with the provisions of paragraph 7(5) of Schedule 1 to the Isle of Man Planning Scheme (Development Plan) Order 1982, I am enclosing herewith a copy of the report of the person appointed to hear this appeal.
I am directed to advise you that the Minister, having considered the report has agreed to accept the recommendation of the appointed person. Accordingly, he has directed that the appeal be upheld and approval granted. Notice of approval is attached hereto.
Yours faithfully,
Chief Executive
TO:
- Kinrade Associates Limited, 4 Market Place East, Ramsey;
- Port Erin Commissioners;
- Highways Division, DHPP;
- Secretary, Planning Committee;
- Secretary, Planning Appeals;
- Manx Radio Newarcom;
- IOM Newspapers;
- Manx Independent;
Fax: (0624) 26288 Telex No. 628612 Code IOMAN G
Toon And Country Planning Acts 1934-1981
ISLE OF MAN PLANNING SCHEME (DEVELOPMENT PLAN) ORDER 1982
TO: Kinrade Associates Limited, 4 Market Place East, Ramsey; Port Erin Commissioners; Highways Division, DHPP; Secretary, Planning Committee; Secretary, Planning Appeals; Manx Badio Newsroom; IOM Newspapers; Manx Independent;
In pursuance of his powers under the above Acts and Order the MINISTER for Local Government and the Environment, following report by the appointed person, does hereby APPROVE the application by P. Joynes for extension to increase living accommodation, Beachcomber, South Parade, Port Erin, subject to compliance with the conditions or modifications specified on the attached schedule and numbered 1 to 4 inclusive.
Dated this 23rd day of July, 1991.
By Order of the Minister
Government Offices, Buck's Road, Douglas, Isle of Man.
Note 1: This permission refers only to that required under the Town and Country Planning Acts and does not include any consent or approval under any other enactment, byelaw, order or regulation.
Note 2: A copy of the report of the appointed person is appended hereto. Note 3: To the extent that the decision does not follow the recommendations of the appointed person the reason for the decision is also appended hereto.
PA90/1270 - ON APPEAL Ref: MIS/MC
1 The building shall not be used for any other purpose than that indicated on the plan or in the application without the consent of the Committee.
2 The development shall be completed within the period of FORTY-KIGHT (48) months from the date of this approval WHICH SHALL CRASE TO HAVE EFFECT IN DEFAULT OF COMPLIANCE WITH THIS CONDITION except in respect of any development completed within that period.
3 Subject to the last foregoing condition the development having been commenced shall be carried on to completion in a workmanlike and expeditious manner to the satisfaction of the Planning Committee and if not so completed within the said period of FORTY-KIGHT (48) months it shall be a further condition of this approval that the applicant shall submit a new application for consideration by the Committee in respect of the uncompleted development.
4 The proposed extension must be finished to match the existing building.
A.P. 160 P.A. $90 / 1270$ Appeal by Mr.P.Joynes against a refusal to approve in detail an extension to provide living accommodation at "Beachcomber", South Parade, Port Erin.
The material points made by the parties were:
For the Appellant
- The proposal to construct a modest extension above a small section of the existing building could not be judged, on a pro rata basis, to be harmful to the appearance of the premises. It was unreasonable for the proposal to be considered other than on its own merits and unless it could be shown that as an individual proposal it was unsatisfactory in appearance or caused damage to the character of the existing building it should be approved. The information on the decision notice revealed that the fact behind the refusal was clearly an attempt by the Planning Committee to achieve an entire rebuilding of the property on the pretext of the current proposal being visually unacceptable. It was submitted that this action exceeded the authority of the Planning Committee and was not provided for in their terms of reference. The submissions on behalf of the Planning Committee described the present proposal as being of reasonable scale, designed to match the form and style of the building to which it would be attached and expressed the further view that this would be an accepted and proper approach for an extension of the nature proposed. The submission continued however to comment that in the judgment of the Planning Committee the existing building was poor and of unfortunate appearance and therefore the opportunity to obtain an overall improvement should be taken. Suggestions were made by the Planning Committee as to what these should be but a structural examination of the building revealed that the suggestions were impracticable.
- The present proposal completed the building symmetrically and was unlikely to have a visual impact on the appearance of the area whereas the Planning Committee's wish for a pitched roof across the entire structure would have undoubtedly led to a building which would have had a significant visual impact on the locality. It was conceded for the Planning Committee that the proposal considered as an entity and judged on its own merits was unlikely to be a noticeable feature to which exception could be taken. It was of some consequence that the Commissioners supported the application since they could be thought to be very conscious of the quality and appearance of the buildings around Shore Road.
A.P. 160 Cont'd P.A. $90 / 1270$
For the Department of Local Government and the Environment:
- It was concluded during consideration of the proposal that the existing building was of unworthy appearance in its situation of importance within the tourist village of Port Erin, alongside part of the coastal footpath network. It was therefore decided to refuse the application because it increased the visual impact of the main structure. Concern for the need to improve the appearance of buildings where they were thought to be unattractive and inappropriate had precipitated the footnote to the decision notice. The submission of the appellant upon the structural capability of the property was accepted.
Conclusions:
- Bearing in mind the scale of the extension in relation to that of the property concerned I do not believe that the small first floor addition could reasonably be judged to tip the balance to the point when the complete structure could be held to be visually unacceptable. It may well be that the property in its present form lacks to some extent the quality of appearance that the Planning Committee believe to be appropriate for its setting but I do not believe that this view can take precedence over the need to determine whether the proposal is of such poor design and appearance that it warrants a refusal per se. It is my view that the extension will improve the overall facade and create a more balanced and cohesive appearance than now exists and I can find no sound reasoning in the decision to refuse the application on its merits.
Recommendation:
- That the appeal be allowed and approval in detail be given for the construction of an extension to provide additional living accommodation at the appeal site subject to such conditions as are deemed by the Department of Local Government and the Environment to be reasonable, necessary and appropriate to the development permitted.
