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22/01343/B Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/01343/B Applicant : Foraging Vintners Proposal : Erection of external deck seating area Site Address : Foraging Vintners Breakwater Road Port Erin Isle Of Man IM9 6JA
Planning Officer: Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 22.12.2022 __
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.
This application has been recommended for approval for the following reason. The proposal has an acceptable visual and amenity impact and is not expected to result in any adverse harm to highway safety beyond the existing use of the facility and area. The application accords with General Policy 2 (b, c, g, h and i) and to meet with the principles of paragraph 7.2.3 of the Area Plan for the South and paragraph 11.7 and Transport Policy 13 of the Strategic Plan.
Plans/Drawings/Information;
This approval relates to drawing numbers 2207-PL-001 and 2207-PL-002, and supporting statement all date received 07/11/2022.
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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 considered to have sufficient interest in the subject
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matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
The owners of Woodvale, Bradda Road, Port Erin - as they do not satisfy any of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021). __
Officer’s Report
THE SITE 1.1 The application relates to the existing Foraging Vintners (FV) building and their external seating with the red line for the site encapsulating the flat roof tops of four fishermen's stores opposite whose access is provided level with Breakwater Road below.
THE PROPOSAL 2.1 Proposed is the creation of additional external seating above the adjacent 4 Fisherman's stores. This seating is to be finished in timber decking and glazed balustrades on three sides matching the existing external seating.
PLANNING HISTORY 3.1 The existing seating area was approved under PA 16/01172/B for Window / door alterations, installation of a flue and eight roof mounted wind turbines and creation of an outside seating area.
PLANNING POLICY 4.1 The site lies within an area designated on the Area Plan for the South adopted in 2013 as "Harbour Area" and is within the extent of the proposed Conservation Area.
4.2 The harbour is an area frequented by those visiting the village and spending time here and is referred to as a leisure port in the Area Plan for the South (paragraph 7.2.3) and the current attraction to visitors of the harbour area with specific reference to sailing, fishing and diving (paragraph 6.28.4) although it is clear that the existing unit has not been used for purposes strictly associated with the harbour for quite some time although does offer a facility which attracts people to the area. The Strategic Plan contains policy about harbours (paragraph 11.7) and outlines their importance and their contribution for both commercial and recreational purposes and that any development should not compromise this or detract from those harbours with historic interest (Transport Policy 13). Minded of the established approval and use of the existing building and the nature of the works proposed regard shall also be given to the general development standards to ensure suitable visual and amenity impact as well as highway safety (General Policy 2).
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 (14/12/2022).
5.2 Department of Infrastructure Highway Services - Do not oppose (17/11/2022) - no significant negative impact upon highway safety, network functionality and /or parking.
5.3 The owners of Woodvale, Bradda Road - in support (11/11/2022) - As a resident of Port Erin this proposal is welcomed in its entirety.
ASSESSMENT
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6.1 The existing premises already has an area of approved seating above three of the fisherman's stores opposite the building and the proposal now seeks to create another area of seating above the four fisherman's stores on the other side of the access steps down to Breakwater Road. The additional seating will further contribute to the operation of the facility either by providing existing customers more space to sit and relax or by accommodating increased customers. This increase may in turn increase footfall crossing between the main building and seating area, however minded that there is already a notable level of activity in this area it is not considered that there will be any new or increased harm beyond the existing arrangement as to result in any significant adverse impacts to highway or public safety. The existing harbour is well used for commercial and recreational purposes and the proposal will contribute in part to that and will not harm its visual attraction in the wider landscape of the bay.
CONCLUSION 7.1 The proposal has an acceptable visual and amenity impact and is not expected to result in any adverse harm to highway safety beyond the existing use of the facility and area, and is considered to accord with General Policy 2 and to meet with the principles of paragraph 7.2.3 of the Area Plan for the South and paragraph 11.7 and Transport Policy 13 of the Strategic Plan.
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 can confirm that this decision has been made by the Director of Planning and Building Control 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 : 23.12.2022
Determining officer
Signed : J CHANCE
Jennifer Chance
Director of Planning and Building Control
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