17 July 2020 · Committee
Flat 1, Cherry Orchard Apartments, Bridson Street, Port Erin, Isle Of Man, IM9 6an
The Cherry Orchard is a three-storey aparthotel complex on Bridson Street, Port Erin, with a footprint of around 2,065 sq m. The site is designated as Tourism (Hotel) in the Area Plan for the South 2013 and is specifically named in Tourism Proposal 1 as a facility that must be retained for hotel use unless it can be demonstrated that use is no longer commercially viable. The decisive planning issue was whether the applicant had adequately demonstrated that the tourist use was no longer commercially viable or could not be made so. The Planning Committee found this had not been sufficiently shown, meaning the strong policy protection for the site could not be overridden. A second reason for refusal was the absence of any public open space provision, contrary to Recreation Policy 3 of the Isle of Man Strategic Plan 2016. The officer recommendation was also to refuse, and the committee's decision was aligned with that recommendation.
The site carries a specific policy designation requiring it to be retained for tourist use unless commercial non-viability is clearly demonstrated. The applicant did not provide sufficient evidence to meet that test, so the policy protection in Tourism Proposal 1 of the Area Plan for the South 2013 could not be set aside. The application also failed to make any provision for public open space as required by Recreation Policy 3 of the Isle of Man Strategic Plan 2016.
Refusal Reasons
Area Plan for the South 2013
The proposal is contrary to the land use designation of the site and it has not been fully demonstrated that the site is no longer commercially viable
Isle of Man Strategic Plan 2016
The proposal makes no provision for public open space contrary to Recreation Policy 3
Recreation Policy 3: Where appropriate, new development should include the provision of landscaped amenity areas as an integra l part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan. 10.3.9 Open Space in new developments should be provid ed within the site, but where it is impractical to provide the recreational space within the site, consideration may be given either to (a) provision off-site, but conveniently close thereto; or to (b) the use of commuted sums, which, under the terms of a section 13 Agreement, would be paid to the Local Authority as a contribution towards the provision of community recreational open space. Further details of these requirements are included in Appendix 6.
IOM Strategic Plan 2016
Housing Policy 5: In granting planning permission on land zoned for residential development or in predominantly residential areas the Department will normally require that 25% of provision should be made up of affordable housing. This policy will apply to developments of 8 dwellings or more. The term affordable housing is defined by the Department as housing which is either: directly provided by the Department; or directly provided by Local Authorities; or meets the criteria for the Department's House Purchase Assistance Scheme 2004 (and any successor schemes approved by Tynwald). 8.7 New Housing in Existing Settlements 8.7.1 Recent Local Plans and Area Plans have included development briefs guiding the design and layout of land which is zoned for residential use. Such briefs should not needlessly prescribe design, but should indicate site-specific constraints, the need for provision of public facilities or amenities (such as play areas, neighbourhood shops, or land for schooling, open space, or road improvements), and, if appropriate, the maximum or minimum density and the need for the inclusion of an element of affordable housing. Where these briefs state that an optimum density should be achieved this should not be used as an argument for higher density development which has an adverse effect on the residential amenity of adjoining properties or the character of the area.
IOM Strategic Plan 2016
Strategic Policy 1: Development should make the best use of resources by: (a) optimising the use of previously developed land, redundant buildings, unused and under -used land and buildings, and re - using scarce indigenous building materials; (b) ensuring efficient use of sites, taking into account the needs for access, landscaping, open space (1) and amenity standards; and (c) being located so as to utilise existing and planned infrastructure, facilities and services. 4.2.2 In pursuance of (c) abo ve, the Department will, when formulating its programme for the preparation of new Area Plans, have particular regard to: (a) the availability of mains drainage connected to IRIS or other mains systems; (b) securing the future viability of rural primary schools; (c) the public investment in the Island's highway, bus, railway and tramway networks; (d) the provision and availability of water; and (e) community facilities. 4.3 Environment 4.3.1
IOM Strategic Plan 2016
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. 11.5.4 New development can have a significant impact in terms of the traffic generated by it and the impact on the various modes of travel. The Department considers that proposals which are likely to be significant traffic generators should be accompanied by a Transport Assessment(1) which should look at all modes of transport including access by public transport, cycling and on foot.
Change of use of part tourist flats to tourist/permanent flats
Conversion of bedroom wing to 11 permanent apartments
Change of use of tourist apartment to tourist and residential apartment, apartment 11
Change of use of tourist apartment to tourist/residential apartment, apartment 16
