**Document:** DEC Officer Report
**Application:** 21/01491/B — Erection of new timber/steel frame constructed single storey extension to the North East Elevation with terrace over.
**Decision:** Permitted
**Decision Date:** 2022-04-26
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/8379-rushen-clubhouse-lime-street-extension/documents/944355

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# DEC Officer Report

## PLANNING OFFICER REPORT AND RECOMMENDATION

**Application No.:** 21/01491/B
**Applicant:** Isle Of Man Yacht Club
**Proposal:** Erection of new timber/steel frame constructed single storey extension to the North East Elevation with terrace over.
**Site Address:** Clubhouse Lime Street Port St. Mary Isle Of Man IM9 5ED
**Planning Officer:** Mr Paul Visigah
**Photo Taken:** 08.04.2022
**Site Visit:** 08.04.2022
**Expected Decision Level:** Planning Committee
**Recommended Decision:** Permitted
**Date of Recommendation:** 14.04.2022

## 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.

- C 2. Prior to the use of the first floor terrace approved as part of this application, details of a privacy screen which shall have a minimum height of 1.7m and erected on the southern elevation of the terrace shall be submitted to and approved in writing by the Department. The development shall not be carried out other than in accordance with the approved detail and shall thereafter be retained as such.

Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.

This application has been recommended for approval for the following reason. Overall the application complies with General Policy 2, Environment Policy 35, and Transport Policy 7 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This approval relates to:

- o The Planning Statement, Flood Risk Statement, Cedral Cladding Brochure, Agent confirmation of site address, and Drawing Nos. PL- 001, PL - 101, PL - 102, and PL - 103, received 9 December 2021; and

- o Existing and Proposed Site Plan with Boundaries, and Existing and Proposed Site Plan with Parking Zones, received 4 February 2022. _______________________________________________________________

## 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 not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):

Branlaig, 6 Lime Street, Port St. Mary; 8 Lime Street, Port St Mary; 24 Ballanoa Meadow, Santon (on the basis of comments submitted regarding the 'Island Shellfish', The Quay Port St. Mary);

As they are not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy _____________________________________________________________________________

## Officer’s Report

THE APPLICATION IS BROUGHT BEFORE THE COMMITTEE AS THE LOCAL AUTHORITY HAS MADE WRITTEN REPRESENTATIONS OBJECTING TO THE APPLICATION AND THE APPLICATION IS RECOMMENDED FOR APPROVAL.

1.0 SITE - 1.1 The application site is the existing curtilage of Clubhouse, Lime Street, Port St. Mary, which is situated within the Port St. Mary Harbour and situated directly south of the Harbour Yard Building. The Clubhouse which is a two storey pitched roofed property has its external walls finished mainly in painted render, although the front elevation, and parts of the right side elevation and rear elevation are finished in facing brick. There are two box bay windows on the first floor front elevation. - 1.2 The rear elevation which contains most of its parking has a first floor terrace which has views to the harbour area and adjoining properties. The site is situated within the Proposed Conservation Area of Port St Mary. - 1.3 Large parts of the surrounding area houses boats mostly stored in the open and within the two large areas of hard-standing either side of the unit for the dry dock of boats. There is a row of terrace houses that are situated south of the application site and separated by a walkway from the application site. Two windows on this terrace; a second floor window and a ground floor windows have views onto the application site. The properties of Lime Street vary in size with the majority being 2 or 3 storeys, with some of those situated on the terrace south of the Clubhouse having rear views towards the Clubhouse and terrace at the rear.

2.0 PROPOSAL - 2.1 Approval is sought for erection of new timber/steel frame constructed single storey extension to the North East Elevation with terrace over. The proposed works would include:

- 2.1.1 The erection of an extension to the existing terrace at the rear of the clubhouse that would project 5.4m from the rear of the first floor terrace, be 13.9m wide (matching the wide of the existing building) and be 2.9m high. This terrace would be supported by steel columns which would be erected at the base. New proprietary metal guard rails would be fixed to the terrace. In response to comments regarding privacy for the residential properties situated

- south of the application site, the applicant have stated via written correspondence that they would be willing to install a privacy screen set at a height of 1.7-1.8m on the south-east elevation facing the rear gardens of lime street and that this could be included as a condition.
- 2.1.2 The erection of a steel frame sail store under the projected terrace. The store which would be positioned at the south-east end of the extension would be 3.8m wide and 5.4m long. This store would be finished externally in Blue colour composite cladding.

2.2 Other works proposed would include:

- i. Closing up the window to the rear of the existing changing and installing a new high level white UPVC window on the side of the changing room.
- ii. The existing window to the office at the rear would be removed and replaced with smaller uPVC unit. Infill external finish to be rendered to match existing.
- iii. Existing uPVC double doors that serve the existing rear lobby to be replaced with new aluminium single pivot door unit with 2No sidelights.
- iv. Existing uPVC window to the side of the lecture room on the ground floor (north elevation) to be removed and replaced with 2No smaller double glazed units.
- v. Existing uPVC double doors on the serving the existing sail store to be removed and infilled to have external finish to match existing render.
- vi. Existing mast/flag pole to be relocated to the front of the extended deck area.
- vii. Replacement of existing aluminium windows on the front and south elevation to be replaced with new white uPVC units to match existing style.
- viii. Existing uPVC door to lobby/delivery on the ground floor north elevation to be replaced with new aluminium single pivot door unit with 2No sidelights.

2.3 There would be internal alterations carried out within the ground and first floor, including the repositioning of doors and removal of wall partitions within the building. - 2.4 The application is supported by a Planning Statement which clearly articulates the need for the proposed improvements for the building, the current facilities available to the property, detail of the proposed works as well as the justification for some of the changes which includes creating additional showering/changing facility to satisfy current safeguarding regulations, and enhancing the entrance and circulation for wheelchair and ambulant disabled users at the club. - 2.5 The application is also accompanied by a Flood Risk Statement which states the following:

- o The boat park has had its flood defences improved in recent years as a new concrete wall with flood gates at the slipway.
- o The use of the property will remain as commercial and there is no sleeping accommodation in the building, therefore is no risk to life and safety as such.
- o The relatively small-scale extension will also not increase the likelihood or impact of flooding on the Yacht Club or on any adjacent properties.
- o The proposed extension is for the use as an unheated sail store and the items stored inside it will not be sensitive to sea water and are indeed frequently exposed to it; it would therefore be unlikely to be affected by flooding

## - 3.0 PLANNING POLICY

3.1 The site lies within an area designated as 'Harbour Area' on Map 7 of the Area Plan for the South 2013, and also lies within the proposed Conservation Area of Port St Mary. The property is not prone to flood risks, although the southern boundary is on the edge of a high tidal flood risk zone. - 3.2 The following part of the Area Plan for the South are considered relevant:

- 3.2.1 Paragraph 3.12.1 states:

- "There is the possibility that harbour improvements will be undertaken in the future following on from the successful schemes in Douglas and Peel. A comprehensive, sensitively designed scheme which addresses satisfactorily the impacts would result in welcome investment in the Village. This may in turn result in greater use and renovation of the older buildings and enhance the Village's general character and appeal".
- 3.2.2 Paragraph 3.14: iii. There is general support for the harbour improvements in Port St Mary, subject to any scheme being capable of meeting satisfactory design and environmental requirements.
- 3.2.3 Paragraph 6.28.5: 6.28.5 Port St Mary Village remains a popular destination for leisure boats, hikers, and railway travellers, and is of considerable visual attraction, particularly around the inner harbour, Lime Street, and Athol Street.

3.3 Within the adopted Isle of Man Strategic Plan 2016, the following policies are considered to be relevant in the determination of this application: - 3.4 General Policy 2 states: "Development which is in accordance with the land use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

- b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
- c) does not affect adversely the character of the surrounding landscape or townscape;
- d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including watercourses;
- e) does not affect adversely public views of the sea; g) does not affect adversely the amenity of local residents or the character of the locality;

- n) is designed having due regard to best practice in reducing energy consumption.

3.5 Although only proposed for Conservation and not officially designated as a Conservation Area it is important that Environment Policy 35 is considered, which states:

"Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

3.6 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7.

- 3.6.1 Assembly and leisure (includes cinemas, meeting halls, swimming baths, leisure centres, and the conference and leisure facilities of hotels) - 1 space per 15 square metres gross floor space.

3.7 Strategic Policy 10 (In part): New development should be located and designed such as to promote a more integrated transport network with the aim to: (a) minimise journeys, especially by private car;

## - 4.0 PLANNING HISTORY

4.1 The site has been the subject of a previous application for enclosure of open porch with uPVC doors and side lights under PA 03/01209/B. This was approved in October 2003.

5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 The Department of Infrastructure (DOI) Highways Division have made the following comments regarding the application:

- 5.1.1 They confirms that there is 'No Highway Interest' (31 December 2021).
- 5.1.2 Comments received 15 February 2022:

- o They note the additions uploaded on 4 February 2022 and advise that the Applicant indicates that there are no loss of parking spaces on building the extension. Instead, there is on-site reconfiguration of parking on the creation of the proposed sail store with one space intended to be repositioned towards Lime Street where there is currently no parking.
- o They note that there is sufficient space.
- o They note that bad neighbour issues have been highlighted over access etc. which should be resolved by joint working between landowners and occupiers.
- o They note that Linked trips are expected, reducing the impact of new trip making to the site.

5.2 Port St Mary Commissioner's object to the application on the following grounds (27 January 2021/10 March 2022):

- o They presume that the capacity of the clubhouse will be increased with the addition of the veranda, however no additional parking is being provided to compensate for this. o They state that the area is already home to a boat park, fish factory, gym and that it is residential. o They opine that satisfactory consultation with residents has not been undertaken. o They note that the use of the veranda in summer where the noise impacts generated would be significant. o They recognise that the proposed extension for the sail store will be within the boundary of the club, however consider that this could impede access to large and tall wagons collecting/delivering to a vital business to the port, as this is the only access route to the fish factory for the wagons.

- 5.2.1 Following the comments made by the commissioners, the applicants via their agent have provided responses dated 14th and 27th January 2022. The responses states thus:

- o The store has been intentionally set back 1.1m from their boundary to the shared access to provide for vehicular traffic. o The area to the rear of the Club boundary is a shared surface (used by pedestrians, recreational users, residents, and vehicles) with no demarcations and is owned and maintained by the IOM Harbours. This area forms part of the boat park and harbour infrastructure and is not an IOM adopted highway. o The use of the sail store is during recreational sailing times, i.e., typically during evenings and weekends, whereas the limited amount of vehicular traffic to the fish factory is typically during business hours and rarely overlaps. o The clubs use of the shared space would not change as personal movements would remain as is current. The proposal only seeks to relocate the sail store in order to provide additional shower facilities to satisfy current safeguarding regulations. o There have been no comments from neighbours regarding excess noise from the club.

5.3 The owners/occupiers of Branlaig, 6 Lime Street, Port St. Mary situated 25m from the Club have stated that the application will result in the loss of parking spaces at the club resulting in parking congestion at the area (7 January 2022/28 February 2022). - 5.4 The owners/occupiers of 8 Lime Street, Port St Mary, situated about 30m from the Club object to the application on the following grounds (13 January 2022):

- o The location of the sail store is entirely inappropriate because it limits access to the rear
- of Lime Street for cars and the large Lorries that service the fish factory.
- o The position of the doors is dangerous because traffic will not be able to see people exiting the store and people exiting the store will not be able to see traffic.
- o The new patio will further overlook the gardens at Lime Street reducing privacy.
- o Increased use of the club will also present a problem with the limited parking.
- o There is also a problem with noise with some events at the club. Increased usage will make this worse.
- o They note that the planning application says that neighbours were consulted but do not agree with the statement as they were not consulted.

5.5 The owners/occupiers of 24 Ballanoa Meadow, Santon who run the Island Shellfish situated about 24m from the site object to the application on the following grounds (11 January 2022):

- o Access - the proposed development would restrict access to our crab unit via the access lane/highway from the inner harbour to our factory.
- o The existing car parking spaces, 6 in total will be removed.

5.6 In response to the comments made by the neighbours, the applicants have made the following comments (27 January 2022:

- o They sympathise with the neighbours in regard to general parking in the Harbour area but note that the proposed development would be completely contained within their site boundary and in no way impact on the existing shared access road the rear of the properties
- on Lime Street. o Their comments are supported with a relationship plan which shows the 20m zone of relationship for properties surrounding the site.

## - 6.0 ASSESSMENT

6.1 In considering an extension such as this, it important to have specific regard to:

- i. the impact on the appearance of both the site itself and the street scene or character of the area having particular regard to the fact that the site is proposed for Conservation Area status;
- ii. potential impacts on neighbours and their amenity; and
- iii. the impact on parking and highway safety

6.2 Character and appearance including impact on the proposed CA (EP 35 & GP 2)

- 6.2.1 The works to the front elevation, as well as the new window changes and additional window and door installations are also expected to tie in with the existing building features, and would enhance the appearance of the property and are not the subject of any objection. This aspect of the application is supported.
- 6.2.2 The proposed rear extension would fit in seamlessly into the appearance and character of the rear of the clubhouse and would not detract from the overall appearance of the property given the modern appearance of the building, and the general character of the area dominated by a mix of building types, ages and appearance. As such, it is considered that the works to the rear are unlikely to have any adverse impact on the character and appearance of the proposed Conservation Area, given the appearance of the rear lane, its proximity to modern properties, car parking, the boat yard, and the fact that the rear of these buildings is not referred to in the CA Appraisal.
- 6.2.3 Similarly, the addition to the first floor terrace on the rear, although increasing the length of the building and creating covered parking at the rear, would not be a detriment to the building's appearance as it would seamlessly fit into the character of the rear elevation which as has been noted ties in with the dominant harbour cum industrial character of the rear which is somewhat diverse, and partly varied when compared with other parts of the area. The proposed blue colour and texture of the cladding to the new sail store would also be in keeping

with the neighbouring sea front and harbour appeal. Whilst the changes to the rear would involve the use of modern materials, the use of modern materials are not uncommon within the rear lane where glass balustrades, and contemporary design and colour schemes are currently found on new extensions and alterations in this rear lane. As such, the introduction of a varied palette is not considered objectionable in this case. The proposal is therefore considered to accord with EP35 and GP2 (b and c).

6.3 Impact on Neighbours (GP 2g)

- 6.3.1 The principal issue in this case is the impact which the extension to the rear terrace would have on the living conditions of those in the nearby dwellings along Lime Street, particularly the rear gardens. In assessing this impact, the key concern would be for the occupants of Nos. 1, 2, 3 and 4 Lime Street, as they are all within 20m to the proposed rear terrace extension, with views attainable at 2.9m above ground level. However, it is not considered that this would be significant to warrant refusal of the scheme since the applicant has indicated in a correspondence dated 13 April 2022 that a 1.7m to 1.8m high screen would be installed on the side of the terrace adjacent to the residential properties on Lime Street to prevent any overlooking into the rear garden of these neighbouring dwellings. As such, a condition would be imposed to ensure these details are submitted prior to commencement of the development, with the scheme implemented with the privacy screen in accordance with the submitted details.
- 6.3.2 In terms of any potential overlooking impacts from the extended terrace towards the Harbour Masters House situated about 14m from the terrace, it is noted that this property has a large first floor terrace that has views to the proposed terrace extension given its elevated position above the floor level of the extended terrace. As such, it is considered that there is mutual overlooking in this regard. It is, however, worth noting that the existing public toilet building serving the harbour, which sits between both properties and rises to about 3.2m would serve to screen views to the grounds of this building from the new extension given its proximity to the extension.
- 6.3.3 In terms of noise impacts resulting from the increase in the size of the terrace, it is noted that this scheme has resulted in the reduction in functional gathering/meeting spaces within the building as the office at the rear has been replaced with WC/shower, while the larger sail store is to be replaced with shower/changing areas, minding a smaller store is now proposed as its replacement. As well, the size of the lecture room on the ground floor, and the function rooms and harbour lounge on the first floor have remained unchanged; conditions that clearly indicate that clubhouse would not have the capacity to hold more people besides having a larger terrace for members to engage outdoors. Whilst it is noted that the increased interaction space would enable more people to use the outdoor space, with the potential for noise levels slightly elevated beyond that currently attainable. Albeit, as has been noted earlier, the club does not have the capacity to house more members given the reduction in functional spaces proposed within this scheme. Additionally, the terrace is only a secondary space within the building, as the primary meeting spaces are the lecture room, main function rooms, and harbour lounge, and would only be used when the weather is suitable. Besides, none of the occupants of the neighbouring properties who should be impacted by any noise generated here have raised objection to the scheme (Those within 20m). Given the above, it is not considered that the scheme would generate noise levels considerably beyond that which is currently attainable, and any issues related to noise impacts would be sufficient to warrant refusal of the application.
- 6.4 Parking and Highway Safety Impact (GP 2 (h & i), TP 7, & STP 10 (a)

- 6.4.1 In terms of the parking impacts associated with the proposed development, it is noted that that the development would create about 20sqm of additional floor space; a situation that would require the creation of one additional parking space as required by Appendix 7 of the Strategic Plan which stipulates 1 space for every 15 square metres of gross floor space for leisure centres which the club could be classed as.

- 6.4.2 In assessing the current proposal, it is considered that the scheme would not result in the reduction in the number of parking spaces available to the property but its modification, whilst still retaining the five parking spaces on site. In applying the rules for the additional parking requirements to make up for the additional floor area added, the development should have been required to make provision for an additional parking space on site. However, the Strategic Plan makes provisions for relaxing the rule where the development is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality (See A.7.6 Parking Standards (part d) of the Strategic Plan. In this case, it is considered that the development is within an established public transport corridor and only situated about 84m from the nearest bus stop. Moreover, Highway Services have reviewed the scheme and indicated that there are concerns with the proposal; a clear indication that they are satisfied with the scheme as proposed. Whilst comments regarding parking within the rear lane are noted, there is no indication that the clubhouse is the cause of the parking challenges in the area, as the harbour activities attract vehicular traffic particularly during the summer months when a significant number of seafaring tourists and locals use the harbours.
- 6.4.3 The Comment by the Commissioners that the capacity of the clubhouse will be increased with the addition of the veranda, with impacts on parking are noted. However, it should be noted here that the calculation of gross floor area which is used as a measure for determining additional parking requirements does not include terraces and balconies, as they are not part of the internal or covered building area. As such, additional parking cannot be required to compensate for this addition to the building footprint. Hence the calculation of additional floor area only includes the sail shop which measures about 20sqm.
- 6.4.4 The comments related to the development impacting on large vehicles using the area are also noted. However, it is considered that the proposed development would be completely confined to the site boundary (red line) with allowance of about 1.1m created between the extension and its boundary to ensure that the development is positioned away from the boundary in the interest of other people using the harbour area. In fact this scheme would not in any way encroach onto public or shared spaces. This is considered acceptable and compliant with the requirements of GP 2 (h and i).
- 6.4.5 Based on the foregoing, it is considered that the proposed scheme would comply with the requirements of General Policy 2 (h & i), Transport Policy 7, and Strategic Policy 10 (a) of the Strategic Plan.

## - 7.0 CONCLUSION

7.1 The proposal is considered to accord with the relevant Strategic Plan policies and is supported. - 8.0 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 in Article 4(2) who should be given Interested Person Status.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 25.04.2022

Signed : P VISIGAH Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO See below

Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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*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/8379-rushen-clubhouse-lime-street-extension/documents/944355*