Officer Report

Application No.: 25/90427/REM Applicant: Mr Derek Sewell Proposal: Reserved Matters Application to PA 23/01360/A for the redevelopment of the site to provide cafe, bowling clubhouse, community facilities and public toilets with associated siting, internal layout, drainage, design, means of access, landscaping, external appearance and site layout Site Address: Redundant Tennis - Basketball Court Marine Parade Peel Isle Of Man IM5 1PB Planning Officer: Lucy Kinrade Photo Taken: 09.07.2025 Site Visit: 09.07.2025 Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 05.09.2025 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order or any Order revoking and/or re-enacting that Order with or without modification), the building hereby approved shall be used only for purposes of cafe (Class 1.3), bowling clubhouse and community facilities (Classes 4.3 and 4.4) and public toilets as laid out in the submitted plans and for no other purpose in Classes 4.3 and 4.4 of Article 5 of the Order at any time.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and any alternative uses within the same Use Class will require further consideration.

• C 2. Full details of the external sandstone wall and metal roofing materials shall be submitted to and approved in writing by the Department, and no part of the building shall come into use until the external stonework and roof finishes have been fully installed in full accordance with the approved details and plans and shall be retained as such thereafter.

Reason: No exact specification has been given as to the stonework and metal roofing finishes, and so full details need to be provided in the interest of visual amenity and in the interests of the character and appearance of the promenade, surrounding area and adjacent Conservation Area.

• C 3. No part of the building shall come into use until the external landscaping finishes have been installed in full accordance with the approved details as shown on drawing number P-04, unless alternative similar finishes are first submitted to and approved in writing by the Department. The approved and installed works shall be retained as such thereafter.

• Reason: in the interests of the character and appearance of the promenade, surrounding area and adjacent Conservation Area.
• C 4. Full details of the salt tolerant planting shall be submitted to and approved in writing by the Department, details shall include species type, planting specification, maintenance and aftercare. The planting shall be installed no later than the first available planting season once the building first comes into use and maintained thereafter. In the event any plant dies within
• 5 years of its first planting, it shall be replaced with same or similar species in line with the approved planting scheme.

Reason: in the interest of providing planting in the interest of bio-diversity and softening the hard surfaces and built development.

• C 5. No part of the building shall come into use until the refuse bin area has been provided in accordance with the submitted plans and thereafter the refuse bin area shall remain free and available for storage of bins and refuse at all times. Reason: in the interest of both visual and general amenity.
• C 6. No part of the building shall come into use until the pedestrian entrance routes from promenade (opening, ramp and steps) have been provided in accordance with the submitted plans and thereafter they shall remain free and available for access at all times.

Reason: in the interest of access for all and ensure connectivity to the community from public realm.

• C 7. No part of the building shall come into use until the bicycle parking (stands and lockers) have been provided in accordance with the submitted plans and thereafter they shall remain free and available for bicycle parking at all times. Reason: in the interest of provision of facilities in promoting sustainable travel.
• C 8. The installation of any Air Source Heat Pump (ASHP) as part of this application shall be contained to the area annotated 'external plant zone' on dwg P-02 Rev E only. There shall be no more than two pumps and together must not result in a noise that exceeds 42dB LAeq 5 mins.

For the purpose of this condition "LAeq 5 mins" means the A-weighted equivalent continuous sound pressure level over 5 minutes when measured at 1 metre external to the centre point of any relevant door or window to any neighbouring building as measured perpendicular to the plane of that relevant door or window; "non-habitable room" means bathroom, utility room, hallway, corridor, stair, landing, garage, porch, and storage; "relevant door or window" means a door or window other than a door or window to a nonhabitable room, garage, greenhouse, polytunnel, shed or summerhouse.

Reason: the energy impact assessment contains some information about the potential for ASHP but does not include any specific detail of unit size as to make any assessment in terms of noise impact on any neighbour. Separate Permitted Development Order 2025 makes reference to acceptable noise levels and this condition aligns to that. Anything outside of this would require to be assessed as part of separate planning application.

• C 9. Prior to the installation of any PV panels in the indicative location shown on dwg P-01 Rev D, full details of the panels are to be submitted to and approved in writing by the Department, and any installation shall be carried out in accordance with those details approved, and should any of those panels no longer be required for renewable energy production they shall be removed from the site.

Reason: the application includes only an indicative location for panels but no specific specification brochures, and so further information is to be provided as part of this application. Alternatively the applicant may give consideration to installation under separate Permitted Development Order 2025.

N 1. The applicant is to be reminded of the time limitations for implementation are as per Condition 1 of PA 23/01360/A.

This application has been recommended for approval for the following reason.

Principle for the proposed facility and its impact on open space and recreation was approved under 23/01360/A (RecP2 and Para 10.3.5), and this application seeks to determine the reserved matters in respect of the physical works. The scheme makes best use of an existing site within a recognised town (StgP's 1 and 2), and the proposal delivers an acceptably designed low level contemporary building that has been set back within the site to reduce its prominence within the streetscene and preserving key views to the headlands and those buildings forming part of the conservation area (StgP's 4 and 5, GP2, and EP's 36 and 42). Its height, scale and low level form also ensure no overbearing impact on neighbouring buildings and that key views out to sea from the public footpaths behind are best maintained unobstructed (StgP4 and EP42). The integrated use of red sandstone materials respect Peel's established character while providing a combined modern palette of materials that have a sensitive and acceptable visual impact (GP2, EP's 36 and 42).

The proposed facilities are to provide community benefit through the mix of uses and helping to regenerate a more run down end of the prom (EP43). The site layout helps to provide a natural management of the public and private spaces and with suitable access for all users. The sites sustainable location, with availability of nearby public parking and bus routes means a reduction to parking standards is accepted also noting DOI Highways raise no objection and the provision of cycle parking (StgP10, GP2, TP's 1, 4, and 7). Drainage has been satisfactorily addressed at this stage, and coastal overtopping matters accepted by the flood risk team (GP2), and concerns regarding antisocial behaviour have been reduced through design and management measures (CP7).

Overall, it is considered that the scheme represents an acceptable addition to this end of the Promenade, enhancing facilities for both locals and visitors without detracting from Peel's distinctive historic character. Conditions will be added in respect of external materials to ensure the building and landscaping is finished in accordance with the submitted plans in the interest of visual amenity. The provision of pedestrian routes, cycle parking and bin storage in the interest of access for all, sustainable travel and refuse amenity. Conditions to ensure landscape planting is installed, and in respect of solar and ASHP installation, as well as a condition reflecting the approved use aligning with the approval in principle.

Plans/Drawings/Information; This approval relates to the following drawings and documents:

• o Energy Statement - March Consultants MAR 1349
• o Design Statement - 1720.05
• o Planning Statement
• o P-08 Wider Site Analysis
• o P-07 Visualisation from Peel Head

• o P-06 Visualisation from Peel Promenade All date published online 22 Apr 2025
• o DWG EX-01 Rev A - Location Plan
• o DWG EX-02 Rev A - Existing Site Plan
• o DWG P-01 Rev D - Proposed Site Plan
• o DWG P-02 Rev E - Proposed Floor Plan and Elevations
• o DWG P-04 Rev A - Proposed Landscaping and External Works
• o DWG P-05 Rev B - Proposed Sections All date published online 01 Sep 2025

Site Photo's - date published online 08 Aug 2025 Emails from Agent re: glass balustrade - date published online 05 Sep 2025 _________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal:

• o DOI Highway Services - no objection
• o DOI Highway Drainage - no objection
• o Peel Town Commissioners - no objection
• o DOI Flood Risk Management - no objection _________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE REGARDED A DEPARTURE FROM THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL

THE SITE

1.1 The application relates to a site located at the far end of Peel Promenade (Marine Parade) which is currently used as tennis and basketball courts. - 1.2 Adjoining the southern side is a bowling green club and café, and to the northern side the former skate park and further basketball courts. Towards the end of the prom is more open space which was recently approved for temporary pop up lounge bar over summer. - 1.3 To the front of the site and along Marine Parade is several on street car parking spaces. At the rear the land rises up towards Peveril Road, this steep grassy bank and its footpaths linking with Peel headlands. At the top of the hill are a number of residential dwellings forming Victoria Terrace, Peveril Terrace and Mount Morrison. THE PROPOSAL

2.1 This application is seeking to determine all of the reserved matters (REM) following from the previously approved 23/01360/A which sought approval in principle only for the redevelopment of the tennis courts to provide a café, bowling clubhouse, community facilities and public toilets and all other matters were to be reserved. - 2.2 This application seeks to determine the REM matters along with the additional particulars listed in the conditions of 23/01360/A (see paragraph 3.2 below). - 2.3 The proposed building is single storey with a low-level roof design. The site is split in two with a large feature stone wall running east to west across the site measuring approx. 38m long and 4.6m at its tallest (and 2.6m for a short run at either end). Behind this wall is the bulk

• of the facility with the function rooms, kitchen, servery, toilets and bin stores. The height of the rear eaves slopes down to around 3.3m.
• 2.4 Projecting to the front of the stone wall towards the road is a large angled overhang sloping to around 3.2m at its lowest. This overhang sits above the café seating area and is installed with full height glass walling. The overhang also provides a covered entranceway into the building. Outside of the building is an external seating area along the promenade edge, and pedestrian into the site is taken from a break in the existing sandstone boundary wall.
• 2.5 The palette of materials across the new building comprises red sandstone to the main building frontage and finished with a coloured concrete capping. The glass walling sits beneath the raised seam metal roof. Behind the wall, the building is to be finished in painted render and with a metal sheet roof. Landscaping around the building comprises mostly a mix of grey sandstone, with resin bound ramped access and tarmac to the bin store and around to the rear. Salt tolerant coastal planting also proposed in places.
• 2.6 The planning statement provides a summary for the design which states "In summary the proposed design embraces a contemporary vernacular approach, integrating high quality materials and thoughtful architectural interventions that respect Peel's unique character while delivering a modern, functional spaces. The project builds upon the established red sandstone boundary wall, using it as both a defining feature and a unifying element that anchors the new building within its historic setting. The careful balance of traditional materials, such as red sandstone and painted render, with contemporary elements, such as full-height glazing and a raised seam metal roof, ensures the development is both contextually sensitive and distinctly modern." PLANNING HISTORY

3.1 The site and surrounding area have been subject to a number of previous applications which are summarised at 3.3 below, however the most relevant in this specific case relates to 23/01360/A for the Approval in Principle for the redevelopment of the site to provide café, bowling clubhouse, community facilities and public toilets. - 3.2 PA 23/01360/A - The application was recommended for approval at Planning Officer level, refused by Planning Committee and overturned at appeal and approved subject to the following conditions:

• o C1. Application for approval of the reserved matters shall be made to the Department before the expiration of two years from the date of this approval and thereafter the development shall only be carried out in accordance with the details as approved. Development must be begun in accordance with the "reserved matters" as approved not later than the expiration of two years from the final approval of the reserved matters. Reason: To avoid the accumulation of unimplemented planning approvals.
• o C2. Approval of the details of siting, design, external appearance of the building, internal layout of buildings, drainage, and landscaping of the site (hereinafter called "the reserved matters") shall be obtained from the Department in writing before any development is commenced. Reason: To comply with the Town and Country Planning (Development Procedure) Order 2019.
• o C3. Plans and particulars of the reserved matters referred to in condition 2 shall include details of;

• (a) The surface treatment of any hard surfaced external areas and other parts of the site which will not be covered be buildings;
• (b) All external materials (including roofs) to be used in the development;
• (c) Existing and proposed ground and floor levels;

• (d) Foul and surface water drainage (including storm water outfall and measures to prevent surface water runoff from entering the public highway);
• (e) Measures in the design which take into account the risk of coastal overtopping;
• (f) Secure cycle storage for staff and visitors;
• (g) Bin/recyclables storage facilities;
• (h) Boundary treatments; and
• (i) Soft landscaping and planting - any trees or plants which within a periods of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of similar size and species. Reason: in the interest of the character of the area, to ensure adequate drainage, to take precautions against consider the risk of coastal overtopping, to ensure adequate bin storage and to promote active travel.

• C4. The Reserved Matters shall be accompanied by a Design Statement, which includes consideration of the site and surroundings and how the building will sit within the area as viewed from different public vantage points including from within the Conservations Area. Reason: To comply with Strategic Policy 5.

3.3 Previous applications at the site and surrounding area for reference: Existing site:

• o PA87/01100/A - Approval in principle to hotel/conference/leisure complex, site of miniature golf course/bowling green/headlands/tennis courts/swimming pool, Peel - REFUSED at appeal
• o PA88/01268/A - Approval in principle to hotel development at Marine Parade, Peel, site
• of existing swimming pool, tennis courts, etc. - PERMITTED Surrounding Area:
• o PA23/00650/C - Former Swimming Pool - 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 derig from Monday 4th Sept to Monday 11th Sept - PERMITTED
• o PA21/01537/B - Former Swimming Pool - Erection of tourist accommodation and marquee for the period 1st May to 30th September 2022 - DEEMED WITHDRAWN
• o PA11/01345/B - Bowling Green Café - Alterations and extension to provide WC and store - PERMITTED
• o PA05/01277/A - Former Swimming Pool - Approval in Principle for a hotel leisure complex, residential apartments, and parking spaces - PERMITTED PLANNING POLICY

4.1 The site lies within an area zones as "Tourism" on the Peel Local Plan 1989 and subject to Policy 15 relating to Marine Parade. The site is not within the Peel Conservation Area but does sit close to the boundary. The site is not recognised as being at any flood risk. - 4.2 PEEL LOCAL PLAN

• o Paragraph 13.4 - "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."

- 4.2 ISLE OF MAN STRATEGIC PLAN 2016

• o Strategic Policy 1 - make best and efficient use of sites and utilising existing infrastructure
• o Strategic Policy 2 - new development directed to towns and villages
• o Strategic Policy 4(b) - Protection of built heritage and landscape conservation
• o Strategic Policy 5 - promotes good design
• o Strategic Policy 10 - sustainable transport
• o Spatial Policy 2 - Peel recognised as a service centre

• o General Policy 2 - general development standards including visual and amenity
• o Environment Policy 22 - Protection of the wider environment and properties through nuisances
• o Environment Policy 36 - views into and out of conservation area
• o Environment Policy 42 - Designed to take into account local character and identity
• o Environment Policy 43 - support proposals for run-down urban and rural sites
• o Community Policy 7 - designed to prevent criminal and antisocial behaviour;
• o Community Policies 10 & 11 - implement best practice so as to reduce the outbreak and spread of fire
• o Recreation Policy 2 - proposals should not result in loss of open space or recreation facility (a) (b)
• o Paragraph 10.3.5 - in certain circumstances alternative provision to open space can be made but must be accessible to local community
• o Transport Policy 1 - best located close to existing transport links
• o Transport Policy 4 - Highway safety
• o Transport Policy 7 - Appendix 7 - parking standards
• o Energy Policy 5 - provision of energy statement for development of 100sq m.
• o Infrastructure Policy 5 - methods for water conservation

- 4.3 AREA PLAN FOR THE NORTH AND WEST

• 4.3.1 This Area Plan is only at draft stage and has not yet been adopted so only limited weight, if at all any weight, can be applied in this case. Within the area plan the site is designated as "Open Space for Particular Purposes, No.PO007" "Open space and community proposal 2 - 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."

4.5 Reference any relevant PPS or NPD o PPS 1/01 Historic Built Environment - 5.0 OTHER MATERIAL CONSIDERATIONS

5.1 Legislation

• o Section 143 of the Equality Act (2017) places a duty on public bodies to promote equality, eliminate discrimination, advance equality of opportunity and foster good relations.
• o Section 68 of the Flood Risk Management Act (2013) indicates that any published Flood Risk Management Plan and the extent to which the proposed development creates an additional flood risk are material considerations.

5.2 Policy/Strategy/Guidance

• Manual for Manx Roads

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

6.1 DOI Highway Services - do not oppose (07/05/2025) - no significant negative impact upon highway safety, network functionality and/or parking due to its sustainable Peel Centre location and development fitting within the site boundary.

6.2 DOI Highway Drainage - comments (25/06/2025) Allowing surface water runoff onto a public highway would contravene Section 58 of the Highway Act 1986 and guidance contained in section 11.3.11 of the Manual for Manx Roads. Applicant should comply and not discharge surface water onto highway.

6.3 Peel Town Commissioners - no comments (29/05/2025) they are the applicant and do not wish to comment. - 6.4 DOI Flood Risk Management - do not oppose (03/09/2025) but do wonder if the developer has considered overtopping of coastal waters which may carry stones in particular the glass balustrade. They do not recommend any conditions. - 6.5 The following were consulted but not response received at the time of writing the report 05/09/2025:

• o Manx Utilities - electricity
• o Manx Utilities - drainage
• o Manx Utilities - water
• o DEFA Environmental Health

- 7.0 ASSESSMENT

7.1 Approval in principle has already been granted for the redevelopment of the site to provide café, bowling clubhouse, community facilities and public toilets and as part of that application the Inspector considered the main issues being the impact on the 'Tourism' land use designation of the current Peel Local Plan and the loss of existing open space without compensation. The Inspector felt Policy 15 of the local plan related to a lapsed hotel scheme but that there was no such scheme coming forward, and the proposal would provide upgraded facilities for the bowls club in addition to a café and public toilets all facilities benefiting locals and visitors and with incidental tourist gains.

7.2 This application now seeks to provide information sought by the AiP conditions as well as determine the outstanding reserved matters:

• i. Siting
• ii. Internal layout
• iii. Drainage
• iv. Design
• v. Means of access
• vi. Landscaping
• vii. External appearance
• viii. Site layout

7.3 i) Siting, ii) Internal Layout, iv) Design and vii) Site Layout

• 7.3.1 The building is positioned towards the end of the Promenade, where the existing bowls facility, tennis courts, and open space sit on relatively flat open ground. To the west sit a number of tall terrace properties finished in Peel sandstone and red brick. Rising up behind the site are the steep banks of the headland brooghs, at the top of the bank stand a number of terraced townhouses.
• 7.3.2 The new proposed building is to be set back within the site, its design features a substantial feature stone wall, from which projects an overhanging angled roof extending towards the road. The facility and building as a whole is a low-level, contemporary style building, with its lower height compared to the townhouses and brooghs helps to minimise its impact in the streetscene and on the promenade and headland landscape. The overall width, height and scale of the building and its set-back position also lessen its prominence and impact as well as setting it visually apart from those older and taller buildings forming part of the neighbouring conservation area.
• 7.3.3 Although flat roofs are normally to be discouraged, here the low-level arrangement ensures the building avoids an overbearing presence on its surroundings and integrates more appropriately with its setting at this particular end of the Promenade. Yes, the building will sit

• as a contemporary addition, but this location is capable of accommodating its overall style and

design without adverse visual harm from public promenade views or from public and private views above the site.

• 7.3.4 The site layout and the integrated stone wall design look to define the relationship between public and private spaces at the site. This arrangement will likely also help to provide a degree of management and access to the public toilets. They are usable from both inside and outside the building, and the setback position behind the wall means they could be closed off when required (the management of such falling to remit outside of the planning process). Internally the building also provides café and kitchen area, servery and function rooms, these are all indicated to be for use by the bowls club as well as external parties and local community. The level of information provided for the application is acceptable for the purposes of the application process.

7.4 vii) External Appearance

• 7.4.1 The scheme adopts a contemporary design style, but integrates a palette of materials that are reflective of the surrounding townscape and tying in with Peel's local character. The front of the building and its overhang will comprise a modern glass walling system and a metal seam roof both modern materials not readily visible in the area, but these integrated with a more traditional sandstone wall is expected to present a sensitive and acceptable arrangement but one which accepts it's a new building in this location. At the rear, the building comprises a more functional and simple painted render finish which is unobjectionable in this case being at the rear and where the building contributes less-so to the area. The dark coloured metal roof and the inclusion of solar panels are also unobjectionable - while being visible from the brooghs and higher grounds, they will be read in connection with the main building and of limited concern.
• 7.4.2 The front boundary will be defined by the existing red sandstone wall, with glazed balustrading enclosing the raised outdoor seating area behind. The glass stretches about 20m long with a shorter return at the access steps. The use of glass will set the site apart from neighbouring properties and differing from their more traditional stone, or the adjacent masonry and metal railings. The site does face north, and so the existing brooghs and building offering some overshadowing and perhaps limiting and daytime glare risk, though there could be some evening glare as the sun sets behind the Castle. However, given the site's far end-ofprom location, its separation from the Conservation Area, and the association with a contemporary building, the glass balustrade is not considered harmful enough to justify refusal. While it will be visually distinct in this prominent setting, it is not judged to detract from the overall townscape, Conservation Area, or headland landscape in this case.

7.5 v) Means of Access, and Parking

• 7.5.1 The building provides pedestrian and cycle access only via ramp and steps, this mix ensures inclusivity for all users. No on-site parking is provided despite Appendix 7 requiring one space per 15 sqm. However, the sustainable location, nearby public car parking, and proximity to bus stops offset this shortfall in this case (also factoring in the existing bowls and café facilities to be removed do not provide any parking). DOI Highways has raised no objection, and any increase in on-street parking is expected to be minimal. Furthermore, the availability of on street parking also available at this end of the promenade is noted.

7.6 vi) Landscaping

• 7.6.1 Ramped and stepped routes are integrated into the front and finished in a mix of grey paving and resin bound surfaces creating obvious routes and in materials typical of ground surfaces at this end of the promenade and which would not be out of keeping. Service areas around the rear of the building are finished in tarmac, a little less inspiring but fit for purpose and no worse than the existing court surfaces and roadways. Added into areas in the front are soft landscaping with salt resilient planting, box planters, wooden benches and decorative sleepers all which help to soften the external spaces and the spill out external seating also

creating a softer edge along the public edge. These landscape works are considered to be inkeeping with the proposed building and acceptable within the streetscene.

• 7.6.2 Part of the existing wall between the site the bowling green is to be removed to improve access between the two sites, this partial removal is considered to be acceptable in this case and not to result in any adverse visual harm.

7.7 iii) Drainage

• 7.7.1 The application demonstrates that both foul and surface water drainage can be achieved for the site and limited water run off onto the public highway. This level of information is appropriate at the planning stage, with detailed drainage design falling to subsequent building control.

7.8 Antisocial behaviour

• 7.8.1 Concern was raised with the agent about potential for access onto the roof from the rear footpath. The agent confirmed that the path was secured by railings and the design of the building was pulled back from the path to ensure suitable gap to avoid climbing on. The footpaths running through the headlands are also heavily traffics by dog walkers and public, and the site is overlooked by the terraces above, both acting as a natural deterrent. The agent also envisage the toilet facilities being managed similar to other public toilets within the town and also observed by the building occupants when open helping to deter any antisocial behaviour.

7.9 Neighbouring Amenity

• 7.9.1 The proposal is sought to replace the existing bowls and café facility which is understood to have reach the end of its operational life and being in poor state of repair. The new facility might encourage additional people to the site but overall the level of impact and anticipated level of activity at the site is not expected to result in any significant new or adverse change to overall neighbouring amenity beyond the existing arrangement and activity

at this end of the promenade. The distance from dwellings also lowering impact, combined with the enclosing grassed banks softening impact and the coastal location expected to provide movement of air for dispelling any potential smells from the proposed kitchen extract.

• 7.9.2 The application has not been provided with any operating hours and no operating hours are to be conditioned. A number of factors have been factored into this consideration; the applicant is the local commissioners who will likely offer a degree of governance to the facility, the site is located within the centre of Peel where such community facilities would not be uncommon and taking into account the temporary approval for the open air pop up music facility nearby which is conditioned to have no music or customers after 2230hrs, whereas this facility is for a permanent building however the uses are contained internally, it is expected that other operating licences will control operation and also the local commissioners offering a degree of control, and so on this basis it is not felt that the hours of operation require being conditioned in this case.

7.10 Approval in Principle Conditions

• 7.10.1 These included the standard timing period which will also be included as part of any REM application.

• 7.10.2 C3 sought details for the following to be provided:

• a) The surface treatment of any hard surfaced external areas and other parts of the site which will not be covered be buildings; PROVIDED
• b) All external materials (including roofs) to be used in the development; PROVIDED
• c) Existing and proposed ground and floor levels; PROVIDED
• d) Foul and surface water drainage (including storm water outfall and measures to prevent surface water runoff from entering the public highway); PROVIDED

• e) Measures in the design which take into account the risk of coastal overtopping; PROVIDED to an accepted level by DOI FRM.
• f) Secure cycle storage for staff and visitors; PROVIDED
• g) Bin/recyclables storage facilities; PROVIDED
• h) Boundary treatments; PROVIDED
• i) Soft landscaping and planting - any trees or plants which within a periods of five years from the completion of the development die, are removed, or become seriously damaged or diseased must be replaced in the next planting season with others of similar size and species. PROVIDED

• 7.10.2.1 Some additional information was provided by the agent to confirm boundary treatments, surface water and coastal overtopping. Updated comments were provided by DOI FRM accepting the information provided and indicating do not oppose. They did flag the potential for debris and the impact on the glass balustrade. The agent was made aware of this and has continued with the scheme as submitted with no changes in the boundary design. The visual impact has been accepted as per 7.4.2 above.

• 7.10.3 C4 required a Design Statement which addressed site and surroundings and how the building will sit within the area and be viewed from different public vantage points including from the Conservation Area - PROVIDED.

7.11 Energy Impact Assessment

• 7.11.1 The application has been provided with an Energy Impact Assessment. This outlines a number of methods for reducing energy demand and improve efficiency which could be incorporated into the build to provide a low carbon development. The level of information provided at this stage is considered acceptable to meet the purposes of EP5.

• 7.11.2 Indicative location for PV panels on the rear roof is provided and considered visually acceptable, but no specific panel details are given. A condition for panel specification to be provided prior to installation is necessary in this case. Similarly, an external plant zone is located on the floor plans and this location away from key public views is considered acceptable, however no specific information for the ASHP is provided nor any noise levels provided, and so a condition ensuring any ASHP installation aligns with the 42dB indicated within the Permitted Development Order 2025 is necessary.

- 8.0 CONCLUSION

8.1 Principle for the proposed facility and its impact on open space and recreation has already been accepted and approved (RecP2 and Para 10.3.5), and this application seeks to determine the reserved matters in respect of the physical works. The scheme makes best use of an existing site within a recognised town (StgP's 1 and 2), and the proposal delivers an acceptably designed low level contemporary building that has been set back within the site to reduce its prominence within the streetscene and preserving key views to the headlands and those buildings forming part of the conservation area (StgP's 4 and 5, GP2, and EP's 36 and 42). Its height, scale and low level form also ensure no overbearing impact on neighbouring buildings and that key views out to sea from the public footpaths behind are best maintained unobstructed (StgP4 and EP42). The integrated use of red sandstone materials respect Peel's established character while providing a combined modern palette of materials that have a sensitive and acceptable visual impact (GP2, EP's 36 and 42).

8.2 The proposed facilities are to provide community benefit through the mix of uses and helping to regenerate a more run down end of the prom (EP43). The site layout helps to provide a natural management of the public and private spaces and with suitable access for all users. The sites sustainable location, with availability of nearby public parking and bus routes means a reduction to parking standards is accepted also noting DOI Highways raise no objection and the provision of cycle parking (StgP10, GP2, TP's 1, 4, and 7). Drainage has been satisfactorily addressed at this stage, and coastal overtopping matters accepted by the flood

risk team (GP2), and concerns regarding antisocial behaviour have been reduced through design and management measures (CP7).

8.3 Overall, it is considered that the scheme represents an acceptable addition to this end of the Promenade, enhancing facilities for both locals and visitors without detracting from Peel's distinctive historic character. Conditions will be added in respect of external materials to ensure the building and landscaping is finished in accordance with the submitted plans in the interest of visual amenity. The provision of pedestrian routes, cycle parking and bin storage in the interest of access for all, sustainable travel and refuse amenity. Conditions to ensure landscape planting is installed, and in respect of solar and ASHP installation, as well as a condition reflecting the approved use aligning with the approval in principle. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

9.1 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).

9.2 Article A10 sets out that the right to appeal is available to:

• o applicant (in all cases);
• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

9.3 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. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.

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: 15.09.2025 Signed : Miss Lucy Kinrade Presenting Officer

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