**Document:** DEC Officer Report
**Application:** 22/01023/B — Erection of a marquee during the months October to March
**Decision:** Permitted
**Decision Date:** 2022-09-30
**Parish:** German
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/9298-german-kiosk-shore-road-marquee-during-months/documents/955548

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# DEC Officer Report

**Application No.:** 22/01023/B
**Applicant:** Peel Town Commissioners
**Proposal:** Erection of a marquee during the months October to March
**Site Address:** The Kiosk Shore Road Peel Isle Of Man IM5 1AH Senior
**Planning Officer:** Mr Jason Singleton
**Photo Taken:** 06.09.2022
**Site Visit:** 06.09.2022
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 30.09.2022

## 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. The marquee may be erected no earlier than 1st October 2022 and retained until no later than 31st March 2023. Reason: to clarify the extent of the approval in relation to the content of the application.
- C 3. The marquee must be installed according to the plans and supporting information and must be maintained as such thereafter.

Reason: To ensure the development is implemented according to the plan/details submitted, as the Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

- C 4. If the marquee is no longer required or used for its approved purpose it must be removed from the site. Reason: in the interests of the character and appearance of the site. This application has been recommended for approval for the following reason.

The proposal meets the tests of Section 18 of the Town and Country Planning Act 1999, strategic policy 4 and environment policy 35 of the IOM Strategic Plan 2016, and policy CA/2 of Planning Policy Statement 1/01 as the proposal would have a neutral impact upon the Peel conservation area. The proposal also meets general policy 2 of the IOM Strategic Plan 2016 as they do not affect adversely the character of the surrounding townscape or the amenity of local residents. It is therefore judged that the application is acceptable.

## Plans/Drawings/Information;

This decision relates to drawings submitted on 8th August 2022, referenced; 01A; 02, 03, and photo supporting sheet.

_______________________________________________________________ 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 6(4):

Thie Yn Schoill, Derby Road, Peel St Patrick Court, Rheast Bridson, Peel 37 Stanley Terrace, Peel

as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy; 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; as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy and as they have not explained how the development would impact the lawful use of land owned or occupied by them and in relation to the relevant issues identified in paragraph 2C of the Policy, as is required by paragraph 2D of the Policy. _____________________________________________________________________________

## Officer’s Report

1.0 THE SITE - 1.1 The application site identified in red is part of the Peel promenade opposite the Kiosk off Shore Road and opposite the Marine Hotel. The Kiosk building, is currently used as a catering building and the land opposite to the front, North, (the application site) is a level paved area that is used in conjunction with the Kiosk with seating and tables that is partially enclosed with glass balustrading.

2.0 THE PROPOSAL - 2.1 Proposed is the temporary installation (October 2022 to March 2023) of a marquee structure to the north of the kiosk to provide a cover for the seating area. The marquee would measure a footprint of, 12m x 3m and a ridge height of 2.5m and would feature transparent sides panels all round and a white roof covering. - 2.2 The application is accompanied with a planning statement that highlights, the requirement and need for the marquee to allow for extended trading over the winter months by utilising an all-weather structure during poor weather conditions.

2.3 The tenants of the kiosk note "the marquee occupies an un-obstructive position on the promenade and in no way hinders access to the beach. Nor does it impede in any way upon the public pavement in front of the kiosk". - 2.4 The benefits of the proposal are also highlighted within the statement that covers, protection from aggressive sea birds; shelter for the consumption of food and drink in winter months; helps local businesses and revenue at difficult times out of tourist season; provides additional employment opportunities; can only be of benefit to the public and customers.

3.0 PLANNING POLICY - 3.1 The application site is identified on the 1989 Peel Local plan as an area within "Mixed Use" and within the Peel Conservation Area. - 3.2 On the emerging draft Area Plan for the North and West (Map 6) as outside the settlement boundary and not defined for any purpose, but the buildings opposite are defined as the "Water front" - 3.3 The site is identified as being within an area of High risk of tidal flooding, (much like the remaining promenade is). - 3.4 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;

Strategic Policy 4(a) Protection of conservation areas Spatial Policy 2 Peel is a named service centre General Policy 2 General Development Considerations Environment Policy

- 10 Potential risk of flooding
- 11 Limitations on Coastal development 35 Preserve or enhancement for Conservation Areas TOWN AND COUNTRY PLANNING ACT 1999

3.5 S18 Designation of conservation areas

(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act

3.6 Planning Policy Statements: 1/01 Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man

POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected.

4.0 PLANNING HISTORY - 4.1 The application site has not been subject to any relevant planning history that is considered relevant in this instance.

## - 5.0 REPRESENTATIONS

5.1 Peel Town Commissioners have not commented as they are the applicant in this application. - 5.2 Highways Services do not object (No Highways Interest) 24.08.22 - 5.3 22 St.Patricks Court, (14/09/22) Object, does not meet the criteria for Environmental Policy 35 and PPS 1/01 given the site is within a conservation area; would be a blot on the landscape; no firm foundations; would set a precedent and other business could copy to compete; no other coastal towns erect a marquee in winter; would change the character to a semi-permanent business and would then compete with other cafes in the area; has no toilet provision; nearest W/C is 100m away; would restrict the walkway past the Kiosk and dangerous. - 5.4 Thie Yn Schoill, (14/09/22) Object, does not meet the criteria for Environmental Policy 35 and PPS 1/01 given the site is within a conservation area; would be a blot on the landscape; no firm foundations; would set a precedent and other business could copy to compete; no other coastal towns erect a marquee in winter; would change the character to a semipermanent business and would then compete with other cafes in the area; has no toilet provision; nearest W/C is 100m away; would restrict the walkway past the Kiosk and dangerous. - 5.5 37 Stanley Terrace (27/09/22) Generally supports the proposal and comments on the would bring more people to Peel and a knock on effect for businesses, provides a degree of employment through winter and a meeting place, has no negative impact on views or surrounding buildings.

## - 6.0 ASSESSMENT

- o Principle (Sp2)
- o Visual Impact (Gp2)
- o Impact on Conservation Area (Stp4a; Ep35)
- o Flooding (Ep10; Ep11)
- o Neighbouring amenity (GP2) Principle

6.1 The application site falls within the settlement boundary of Peel and within an area zoned for 'Mixed Use' development and is further designated service centre (SP2) where there is a general presumption in favour of development, provided such development would not have an adverse impact subject to further assessment below. The proposed use as a seating area would be in conjunction with the kiosk (food and drink) and would not be seen to alter the use

over and above the current use as a seating area for customers. As such the general principle here would be acceptable.

Visual Impact

6.2 The proposed structure / marquee would act as an enclosure around the seating area for the general public or customers of the kiosk and would act to support the existing and continued use with the covering of the outdoor seated area and would help to provide improved facilities for use during the winter months (October to March) which would help with a degree of community gain for the area. - 6.3 The physicality of the marquee is of a size and quality with transparent sides and would be appropriate to suit the surrounding open space, whilst still leaving an accessible pathway

outside of the marquee for the general public during its retention. Its installation would not be out of keeping with the area and would not result in any visual or amenity harm to cause concern, as such it would be considered to be in compliance with Gp2.

Impact on Conservation Area

6.4 The proposed marquee is not for a permanent structure and would be placed in an area that is adjacent to an existing building. Given the lightweight structure of the marquee and the temporary nature to support an existing use, it would not be seen to be considered detrimental to the character of the conservation area or the street scene where its placement would have a neutral impact and not considered inappropriate development in accordance with EP35 and Stp4a. Flooding - 6.5 The site is defined within an area (adjacent to the beach) that experiences flooding and the applicant is aware of that. They propose to keep awareness of potential high winds and flood/high tidal situations with contingency plans for those occurrences. In terms of use, the proposal is not considered to involve a material change in how the site is used, or could be used in planning terms. Neighbouring Amenity - 6.6 Noting the above comments received against the proposal, this application would not be seeking to alter the use but merely erect a temporary structure around the seating area. Given the proximity of the site opposite the existing Kiosk, it is not considered to have any adverse impact on the properties to the south that form the general street scene and would not have any detrimental impact upon their amenity or general use in planning terms in accordance with Gp2.

## - 7.0 CONCLUSION

7.1 For the above reasons, it is concluded that the erection of a marquee would be an appropriate form of development that does not harm the use and enjoyment of neighbouring properties and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for approval with conditions limiting the use from October to March. - 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 above who should be given Interested Person Status

I can confirm that this decision has been made by a Principal Planner 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: 30.09.2022 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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/9298-german-kiosk-shore-road-marquee-during-months/documents/955548*