**Document:** Planning Report and Recommendations **Application:** 09/01329/C — Change of use of building into a crab processing facility **Decision:** Permitted **Decision Date:** 2009-11-17 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/63756-rushen-disused-toilet-block-change-of-use/documents/1385695 --- # Planning Report and Recommendations **Application No.:** 09/01329/C **Applicant:** Mr Christian James Clugston **Proposal:** Change of use of building into a crab processing facility **Site Address:** Disused Toilet Block Alfred Pier The Quay Port St. Mary Isle Of Man IM9 5EA ### Considerations Case Officer: Miss S E Corlett **Photo Taken:** 23.09.2009 **Site Visit:** 23.09.2009 **Expected Decision Level:** Senior Planning Officer ### Written Representations ### Consultations **Consultee:** Highways Division **Notes:** do not oppose has no traffic management, parking or road safety implications. **Consultee:** Port St Mary Commissioners **Notes:** no objections. Consultee : Inland Fisheries Development Manager Notes: DAFF would welcome the creation of additional crab processing capacity if suitably sited, and would hoep that DLGE will take into account the potential value added to the Crab landed in Port St Mary, and the benefit to the local economy, when considering this application. Consultee : Chief Environmental Health Officer Notes : comment ## Officer's Report THE SITE The site represents the footprint of an existing building which sits within the Alfred Pier area at the convergence of Clifton Road, Queen's Road and Lime Street at the south eastern end of Port St. Mary village. The building which is the subject of this application is a toilet block - a simple flat roofed structure which sits at the entrance to the pier. To the immediate north east is a fish processing factory and to the north east across the open area are the IRIS pumping station and a small office. The lifeboat house sits to the north, outside the pier area. PLANNING STATUS The site lies within an area designated on the Isle of Man Planning Scheme (Development Plan) Order 1982 as an area not designated for development. The draft Port St. Mary Area Plan shows the site within an area designated as Harbour and "Proposed yacht haven". PLANNING HISTORY No planning applications have been submitted for this building. Applications were submitted for the erection of a clubhouse for the Southern Diving Lodge under PAs 06/1307 and 07/0851 (the first was approved on appeal but subject to the structure being removed within 6 months and the second was withdrawn before a decision was taken). THE PROPOSAL Proposed is the change of use of the toilets to a crab processing facility. The applicant is the only person who would work there. The toilets are not presently open for use. No changes are proposed to the building. The views of the Environmental Health Food Hygiene office has been sought who advise that the premises will be covered by the Food Hygiene Regulations 2007 and the Public Health Act which will require that adequate ventilation is provided and a system to provide for the removal and disposal of waste. The applicant has been contacted by the Environmental Health Officer who has provided advice on the internal provisions for acceptable standards (internal finishes, ventilation, control of temperature, drains etc. The applicant has provided additional information in the form of a letter dated 8th October, 2009 and accompanying plans and information. He describes his proposed operation as on a much smaller scale than the fish factory which is cited by an objector as a reason to refuse this application, that only several baskets of crabs will be processed each week as this is not his primary employment and that the boiler will only be in operation for four hours per week. Waste will be removed from the site shortly after processing and used as bait by a local lobster fisherman. Liquid waste will be discharged to the main sewerage system which has been permitted by the Department of Local Government and the Environment Waste Operations Management Unit. Emissions will be dealt with by a simple steam hood with a fan ducted to the frill already in place on top of one of the windows which will not alter the appearance of the building and will deal with the steam produced from the boiling process. Macro Metal Services advise by way of letter dated 12th October, 2009 that there are no residual [residential?] buildings in the verry [sic] close proximity and I believe that any smell would dissipate so as to be unnoticeable". 10 November 2009 09/01329/C ## Representations Port St. Mary Commissioners indicate that they have no objection to the application Department of Transport Highways and Traffic Division raise no objection to the application There are letters of support from the following parties: Hon Phil Gawne MHK Mr. Maddrell, Athol Lodge, Fistard Road who is a member of the Government Harbours Consultation Group, Lifeboat Operations Manager and a resident of the village, writing as a local resident The owner of Perwick Villa at The Point, Strathmoar on Cronk Road, The Haven, Fistard Road Department of Agriculture, Fisheries and Forestry Director of Fisheries supports the application and states that DAFF has identified a lack of processing capacity in the crab sector which is seen as a weakness which needs to be addressed if economic benefits from this sustainable fishery are to increase. There is an objection to the application from Keayn Ard, Queen's Road on the basis of potential smell nuisance and suggest that the kipper yard in Peel may be a better location. ### Assessment The site is within an area which is not designated for development on the Isle of Man Planning Scheme (Development Plan) Order 1982 but is clearly a working harbour where fish is processed. A proposal for extension of the fish processing facility alongside, was considered under PA 93/0542. This application was permitted subject to conditions regarding further information on the storage and collection of waste. The appeal which preceded the approval was focussed upon the incompatibility of tourism and recreation use around the harbour and the industrial uses proposed and smell from the proposed usage and the lack of car parking identified on the plans. The conclusion of the inspector appointed to hear the appeal was that "the location is not ideal but this is part of an active fishing village and there will always be some conflict between industry and the leisure uses of a harbour but that is inevitable with the increased growth in the leisure industry. Equally there will be more demand for parking space and congestion. Again there is a certain inevitability in this but I do not see that it is a reason to frustrate desirable economic development. I recognised the advantages of reestablishing a traditional industry related to the fishing aspect of Port St. Mary, and the employment benefits, as well as the possible, and in my view lesser disadvantages. I am satisfied that, in granting this planning permission, the Planning Committee have come to the proper balance in this case". (paragraph 22) Reference was also made to the Food Bill Regulations, the Food Safety (Fishery Products)(Derogations) Regulations 1993 and the Public Health Act which will also be applicable to the premises which could be equally applicable to this latest application. The applicant has sought advice from the relevant authorities regarding the operation of the business and the legislation which will govern this. The applicant would appear to be able to comply with all of this without altering the building which, after all is within the harbour area and alongside a fish factory. There is local support for the proposal from various parties and it is considered that this represents an acceptable use in this area and where there is sufficient legislation to control any nuisance which could arise from the process if not operated satisfactorily. As such, it is considered that this application is acceptable. PARTY STATUS The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status. Hon Phil Gawne MHK and the owners of Athol Lodge, Fistard Road, Perwick Villa at The Point, Strathmoar on Cronk Road, The Haven, Fistard Road and Keayn Ard on Queen's Road are all sufficiently far from the site as not to be directly affected by the proposal and as such should not be afforded pary status in this instance. Department of Agriculture, Fisheries and Forestry Director of Fisheries is a statutory authority who provides information relevant to the consideration of the application and as such should be afforded party status in this instance. **Recommendation** **Recommended Decision:** Permitted **Date of Recommendation:** 10.11.2009 **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 C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice. C 2. This permission relates to the conversion of the existing toilet block in to a crab processing facility as shown and described in the information and plans received on 10th August, 2009 and 12th October, 2009. I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer **Decision Made :** Permitted **Date :** .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. --- *Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).* *Canonical page: https://planningportal.im/a/63756-rushen-disused-toilet-block-change-of-use/documents/1385695*