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Application No.: 25/90235/C Applicant: Miss Melanie Webb Proposal: Additional use of the site (class 1.3 Food and Drink) as a pop-up lounge bar for the period 15th May - 14th September with a period of one week before and one week after for installation and removal respectively. Site Address: Old Swimming Pool Marine Parade Peel Isle Of Man Senior Planning Officer: Jason Singleton Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 28.04.2025 _________________________________________________________________
C : Conditions for approval N : Notes attached to conditions
Reason: The application has been approved as an exception to the Development Plan on the basis of need for a period of one year.
Thursday 1700hrs to 2230hrs Friday 1700hrs to 2230hrs Saturday 1400hrs to 2230hrs Sunday 1300hrs to 2100hrs Bank Holidays 1400hrs to 2230hrs
Reason: In order to maintain the residential amenities of the area and these are the times which have been submitted as part of the application and the application has been judged on these times.
Reason: for the avoidance of doubt and due to the application being assessed on this information only.
The proposal would be in accordance with Strategic Plan Spatial Policy 2, General Policy 2 and Environment Policy 22. The temporary loss of public open space for 5 months is considered to be outweighed by the economic benefits of the proposal.
This decision relates to drawings and supporting information received on 11 March 2025 and amended site plan dated 28th April 2025. _________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DoI - Highways Services - No objection
It is recommended that the owners/occupiers of the following properties NOT should be given the Right to Appeal because they do not object: 7 Charles Street, Peel 15 Bray Hill, Douglas 26 Ballahane Close, Port Erin 40 Millennium Court Queens Promenade, Douglas 17 William Proctor Court Reayrt Y Sheear, Douglas Orchard Bungalow Main Road, Greeba 1 Mount Morrison, Peel
It is recommended that the owners/occupiers of the following properties NOT should be given the Right to Appeal because: Rock View Marine Parade, Peel Objection identifies land that is owned or occupied by the objector that would be impacted on, but such land is not within 20 metres of the site (and no Environmental Impact Assessment is required) (A10(2)(b))
_________________________________________________________________ Officer’s Report
THIS APPLICATION IS PRESENTED TO THE COMMITTEE AT THE REQUEST OF THE HEAD OF DEVELOPMENT MANAGEMENT AND BECAUSE IT COULD BE REGARDED AS A DEPARTURE FROM THE DEVELOPMENT PLAN
1.0 THE SITE - 1.1 The application site identified in red is to the north east part of the Peel Promenade and is referred to a Marine Parade and currently used as a level area that is astro turfed and acts as open space for the public to use and is adjacent to the skate park.
2.0 THE PROPOSAL - 2.1 Proposed is sought for an extension to the operating times periods to continue the use of the site for "the additional use of the site (class 1.3 Food and Drink) as a pop-up lounge bar
3.0 PLANNING POLICY - 3.1 The application site is identified on the 1989 Peel Local plan as an area within "Tourism" and referenced in the Peel written statement as site 15. - 3.2 Within the 1989 written statement accompanying the local plan, this site No. 15 refers to para 13.4 where it notes; "Part of the Marine Parade area has already been approved for hotel use and some of the adjoining open space will be required to complete the development". - 3.3 The site is not identified within the Peel Conservation Area 1990. - 3.4 On the emerging draft Area Plan for the North and West (Map 6- Peel) is within the settlement boundary of Peel and is zoned as "Open Space for Practical Purposes" with a referenced to the written statement of PO-007, where it notes on page 111; "Open Space and Community Proposal 2: o "Site PO007 on the northern end of Peel Promenade is recognised as important recreation and leisure space. Opportunities to enhance these facilities or introduce new compatible uses that would not detract from the primary use of the site for recreation and leisure space will be considered on their merits, taking into account overall scale, design and layout, traffic generation and other planning considerations".
3.5 The site is not identified as being within an area of high risk of tidal flooding, nor are there any registered trees or trees groups. - 3.6 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;
Spatial Policy
General Policy
Environment Policy 22 Protection of the wider environment and properties through nuisances
Business Policy
4.1 23/00650/C - Additional use of the site (Class 1.3 Food and drink) as a pop-up lounge bar for 32 operating days from Fri 4th Aug - Sun 3rd Sept with one week before installation from Fri 28th July to the opening on Fri 4th August and one-week de-rig from Monday 4th Sept to Monday 11th Sept. APPROVED with conditions;
Monday 1600hrs to 2200hrs Tuesday 1600hrs to 2200hrs Wednesday 1600hrs to 2200hrs Thursday 1600hrs to 2200hrs Friday 1600hrs to 2200hrs Saturday 1200hrs (noon) to 2200hrs Sunday 1200hrs (noon) to 2200hrs
Reason: In order to maintain the residential amenities of the area and these are the times which have been submitted as part of the application and the application has been judged on these times.
5.0 REPRESENTATIONS (in brief)
5.1 Peel Town Commissioners have not commented at the time of writing.
5.2 Highways Services do not object (20.03.24) HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the site was used previously in a similar position without known highway issues. - 5.3 Rock View Marine Parade, Peel OBJECTS citing;
5.4 The department has received the following comments from residents of Peel who SUPPORT the proposals;
7 Charles Street, Peel 15 Bray Hill, Douglas 26 Ballahane Close, Port Erin Apartment 40 Millennium Court Queens Promenade, Douglas 17 William Proctor Court Reayrt Y Sheear, Douglas Orchard Bungalow Main Road, Greeba 1 Mount Morrison, Peel 1 Roxwell Terrace, Peel 10 Duke Street, Peel 6.0 ASSESSMENT Principle Visual Impact Neighbouring amenity Nuisance Highway Safety Principle
6.1 The application site falls within the settlement boundary of Peel and within an area zoned for 'Tourist' development and as Peel is further designated as a service centre (SP2) in the 2016 SP there could be a general presumption in favour of development, provided such development would not have an adverse impact subject to further assessment below.
6.2 The proposed extension of the opening hours would build upon what the applicant's describe as the success of the previous years and allow for more use for those summer months for (May - September). The use would remain as per the previous approval, in terms of a seating area in conjunction with the food, drink and music, with the site closed to the public when not operational. The letter of support from the commissioners has been provided by the applicant, and it is noted that whilst the commissioners were consulted on this application they have not responded. - 6.3 The site is currently public open space and so the proposal would result in a temporary loss of that open space from the use being set up to its decommissioning (i.e. May to September). This loss, particularly during the summer, weighs against the proposal. The
potential use of the headlands for parking is also noted, but not included with then redline boundary of this application and so not assessed.
6.3 The proposal would however see employment opportunities (Business Policy 2) and could be cross referenced with Business Policy 10 that seeks any retail development is only permissible in town and village centres to which this proposal serving food and drink could comply with. - 6.4 On balance, it is considered that the economic benefits outweigh the temporary loss of open space. Subsequent years will require planning consent again.
Visual Impact
6.4 Whilst there are no proposals to alter or deviate the set up from the previous approval, except the addition of an additional toilet block, all structurers on site are temporary and given the broad level of support for the proposal it 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 GP2b. Neighbouring Amenity - 6.5 Noting the above comments received against the proposal, arguably this is mostly concerning noise nuisance. The ability to serve alcohol and play amplified music would be part of a separate licensing authority by the IOM Government and would be for those department to consider any impact from their perspective. - 6.6 Nevertheless the physical aspects of this application (use and noise discussed below) would not be seeking to permanently alter the site but merely erect a temporary structure around a proposed seating area. Given the proximity of the site in relation to the nearest residential dwelling, albeit at different levels, it is not considered to have sufficient impact upon amenity or general use of their dwellings to justify refusal. Therefore in planning terms the proposal is considered to be in accordance with GP2g. Nuisance - 6.7 The use of the site has the potential to create a nuisance though noise (socially and through amplified music) and the operating times are as stated above and are noted to end at 10:30pm (in accordance with their previous / proposed licensing agreement) and hours noted in para 2.2. - 6.8 Overall whilst the planning system cannot control how a site is managed, and nor can it control how people will behave or the hours of the day that people would come and go from the site. It is clearly in the operator's interest to ensure that the site is properly managed, not only for local residents but also to ensure future possible events. On balance and given the level of support from the local authority that application is not considered to have any adverse effect leading to a statutory nuisance in accordance with EP22. Highway Safety
7.1 For the above reasons, it is concluded that the use of the site from May to September could be an appropriate form of development for the site on this temporary basis. It would be prevalent to add a condition limiting the use to only this year (noting that the proposed months are longer than was approved previously) in order to fully understand any wider impacts and to ensure that the proposals do not harm the use and enjoyment of neighbouring properties or the surrounding character of the area. It is noted that if this application were to be approved on a permanent basis (i.e. every year) it would result in an ongoing loss of the open space for
7.2 On balance, the proposal could be seen to comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for approval with conditions limiting the use as prescribed above. - 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to:
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
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 and/or rights to appeal.
Decision Made: Permitted Date: 19.05.2025 Signed : Presenting Officer
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