Dept Decision and Inspector's Report

The Town And Country Planning Act 1999

Date of Issue: 14th May 2014 Chief Secretary’s Office Government Offices Bucks Road Douglas

Mr W Greenhow ACMA Chief Secretary

Town And Country Planning Development

(Procedure Order) 2005

Planning Secretary Planning & Building Control Division Murray House Mount Havelock Douglas

In accordance with Article 10(2)(e) of the above Order, the Inspector appointed by the Council of Ministers to consider this application has submitted his report. In further accordance with Article 10(3)(a) a copy of the appointed person’s report is herewith enclosed.

On 8th May 2014, and after consultation, the Council of Ministers noted that the Inspector had recommended that planning approval be refused, as the application failed to demonstrate how sufficient car parking provision could be laid out in a visually acceptable manner at this prominent and sensitive location and as such the scheme conflicted with aims for the site set out in the Area Plan for the South 2012.

On further consideration of this matter Council determined to approve the application, noting that the Inspector had in fact set out six conditions and a Note in his report to cover the possibility that planning approval be granted. Council in determining such approval noted that the conditions proposed particularly sought to mitigate the Inspector’s concerns relating to the layout, location and visual appearance of the parking provision to be provided.

Applicant:	Sea Breezes Properties Ltd
Proposal:	Approval in principle for the conversion of existing educational establishment into a Marine Interpretation Centre including an associated retail unit and cafe, dive centre, offices for marine related businesses and a 20 bedroom hotel with parking and landscaping, Marine Biological Station Breakwater Road Port Erin Isle Of Man IM9 6JA

Conditions Of Approval:

1. This approval relates to the principle of the conversion of existing educational establishment into a Marine Interpretation Centre including an associated retail unit with cafe, dive centre, offices for marine related businesses and a 20 bedroom hotel with parking and landscaping as shown generally in drawings P-110, P-111, P-112, P-113, SB-10 and P-106.

1. Details of the access, appearance, landscaping, layout and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Planning Authority before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved.

1. Application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission and thereafter the development shall only be carried out in accordance with the details as approved.

1. The development hereby permitted shall be begun before either before the expiration of four years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters.

1. The application for reserved matters must include a landscaping scheme showing proposals for the introduction of shrubs and vegetation to soften the impact of the proposed car parking areas. Such planting must include incorporate species which will tolerate the marine context of the site.

1. The application for reserved matters must include a survey of the cliffs to the rear of the buildings for lizards, and if any are found or are thought to be present, measures for their protection during and after construction must be included and implemented in accordance with the approved scheme.

Note

Advice of the Department of Environment, Food and Agriculture is recommended with respect to Condition 6.

Application by Sea Breezes Properties Ltd for approval in principle for the conversion of existing educational establishment into a Marine Interpretation Centre including an associated retail unit and café, dive centre, offices for marine related businesses and a 20 bedroom hotel with dedicated parking areas and associated landscaping, Marine Biological Station, Breakwater Road, Port Erin.

Preamble

1. The application was referred to the Council of Ministers in accordance with Section 10(1)(b) of The Town and Country Planning (Development Procedure) Order 2005 because the application involves land owned by the Department of Infrastructure.

1. There are 2 applications for this site: that described above, subject to my report, and a detailed one, PA 13/00460/B, for: the erection of extensions and conversion of the existing educational establishment into a Marine Interpretation Centre including an associated retail unit and café, dive centre, offices for marine related businesses. As of 4th February 2014, the Planning Officer expected revised plans for this other application within the next few weeks, which would then be subject to consultations prior to determination in the same manner as the current in-principle proposal. She stressed that the 2 schemes are for different developments, need not be considered simultaneously and that a decision on either need not influence that on the other. The applicants make a similar point. I am aware that the detailed application is currently being assessed by another planning inspector; each scheme separately on its individual merits.

Site and Development

1. The site sits below cliffs, facing north over the bay at the far, western end of Breakwater Road (an extension of Shore Road) where it ends in a loop around an open green containing a small shelter. The original, "Herdman" building dates from 1892, when the Marine Biological Station moved there from its previous location off Anglesey. It has been proposed for Registration. The laboratory (1932), library, teaching laboratory and dive unit (1980) followed. The complex was vacated by Liverpool University in 2006 and the Manx Government demolished some elements but retained the main buildings which now stand empty and boarded up. There is an informal area of hardstanding but no laid out parking directly serving the site.

1. The outline proposals would restore, adapt, convert and extend these 2 and 3 storey buildings, removing some poor quality rear additions. A large new ground floor space would be added behind, under the cliff, where two sea water tanks would be installed as reservoirs for the marine facilities, in essence a large, educational aquarium. More prominently the complex would be extended on 2 and 3 storeys at its far end to create the hotel, with hard landscaping illustrated to the fore. Car parking is illustrated either end of the complex and also on the central green. Contrary to one of the Commissioners' points recorded below, the drawings illustrate a coach layby along with other servicing provisions.

Gist of the Representations

1. The Applicants: having been accorded preferred developer status by the Government in 2010, they drew up proposals for the retained buildings but were then approached by the Manx Wildlife Trust seeking a location for a Marine Interpretation Centre. The new facility would have a shop and café, a large classroom, capable of subdivision, for school parties. There would be wet and dry research laboratories, with space for visiting scientists. The offices and dive centre would be retained in the 1980s 3 storey building, with the Marine Interpretation Centre occupying the 19th Century building, retaining as many original features as practicable including its central lantern. The new hotel would be complementary in

1 The plans have no compass point but are oriented with north downwards.

Cebinet Office Reference DF13/0011 Application No 13/00459/A Inspector's report

design while giving prominence to the original building. External finishes and replacement joinery would be carefully chosen to reflect original character. Exterior lighting would be limited to low bollards and there would be minimal external signage fixed to the building. No cooling or air handling equipment would be seen from the front or sides. There is express reference to the site in the South Area Plan, where it is identified as Site 22, with a Development Brief that is met by the proposals. There is further support in Strategic Plan General Policy 2 and compliance with its Environment Policies 32, 33 and 43.

1. A Transport Statement has been submitted. The site is about 10 minutes walk from the train and bus stations. The scheme provides for buses should a service be extended there, is accessible for pedestrians along existing pavements, and would provide additional paved areas and cycle storage. From National Travel Survey data and Strategic Plan parking standards, it is estimated that there would be 117 daily return journeys by car/van, 32 by public transport, 7 solely by walking, 2 by cycling and 9 by other means.

1. Public opening times for the Marine Interpretation Centre are likely to be mid morning until late afternoon/early evening during summer and less during winter. It would have a capacity for 120 people maximum at any time with visitors on average staying about 4 hours. There used to be up to 190 persons on the site during its previous use, and the road is adequate albeit with a pinch point at traffic lights near the Bay Hotel. Congestion would be avoided because, other than office employees, arrivals and departures would be spread over the day and include school children travelling together by coach. Highways Division has undertaken to carry out further survey and analytical work regarding the signals. Shore Road is defined as a Primary Distributor, appropriate to serve the development. Access, including meeting the needs of disabled people and for deliveries, would be compliant with policy. The scheme accords in these various regards with Strategic Plan Transport Policies 1, 2, 4 and 6.

1. Transport Policy 7 requires that in all new development, parking provision must be in accordance with current standards, which are set out in the Plan's Appendix 7. Assessed against those standards applied to the component floor areas (and hotel bedrooms), adequate provision would comprise 11 spaces for the offices, 16 for the laboratory, 20 for the hotel, 10 for the dive centre and 66 for the marine interpretation centre/ancillary shop. Using this methodology it may reasonably be assumed that the development would require 123 parking spaces. It should be noted, however, that this is not a wholly new development; the existing buildings could be brought back into use with little in the way of off-road parking. The proposed new car parking has been kept to a minimum, in line with advice in Appendix 7, to encourage group visits and also cycling and walking.

1. The Planning Officer: sets out background facts and policies. Critical considerations concern impacts on the existing buildings, some of historic and architectural interest; whether sufficient, visually satisfactory and safe (in highway terms) parking can be provided; and whether the scheme complies with the provisions of the Area Plan for the South.

1. The Commissioners of Port Erin: initially commented favourably but on further consideration do not offer support because of parking on the central grass area, which should retain an element of grass and the shelter, with soft landscaping and only overflow parking. The Commissioners also have concerns regarding coach access, because of a weight limit on Strand Road within the village, and a lack of details regarding coach parking.

1. The Department of Environment, Food and Agriculture: refer to records of lizards on the cliff path as not amounting to a determinative issue but warranting further surveying prior to any works.

1. The Water and Sewerage Authority and Electricity Authority make technical comments but no objection.

Inspector's Assessment

1. I look first to The Area Plan for the South. Within its Description and General Strategy for Port Erin, paragraph 3.6.2 opens:

"Given the reduction in the demand for tourism accommodation in the Village many of the former hotels have been converted or redeveloped, however, Port Erin still attracts a number of visitors; many of which arrive by steam train. The Village still boasts an active and thriving water based activity sector. Beyond the Village centre, the former Marine Biological Station is now partially occupied but the land around it would benefit from some improvement."

1. The Plan goes on to refer to the location as Site 22; paragraphs 4.61 and 4.62 provide more detail and a development brief:

"Site 22

• Location: The former Marine Biological Station, Port Erin
• Size of Site: 0.4 ha (buildings only)
• Previous designation: Harbour Use
• Proposed designation: Mixed Use (Proposed)
• Site Assessment Framework (Residential Score): 48/68

(Employment Score): 42/60

The former Marine Biological Station sits beyond the lifeboat house, up against the base of the cliffs in the south-western corner of Port Erin Bay. Most of the contiguous land between the former Biological Station and the harbour is vested in the Department of Infrastructure, and is not intensively used. Re-use or redevelopment of the composite site would be of general benefit to Port Erin.

The buildings which remain on the site became redundant as a Marine Laboratory in 2006, but have recently been let to a new user, keen to see the buildings used for purposes in keeping with their maritime heritage. The buildings and the land around them have considerable potential, and this wider site would support Mixed Use - primarily marine-based tourist/leisure uses (including associated accommodation) - but may also include a residential element.

Development Brief 22

1. The use of the land is deemed suitable for marine-based tourist/leisure purposes (including associated accommodation), but an element of residential use may also be considered favourably.

1. Development should preferably make use of all existing buildings on the site, including the re-use of the original Marine Laboratory Building.

1. The overall development site should include not only the former Marine Biological Station site, but also contiguous land vested in the Department of Infrastructure. There should be consultations with the Department at an early stage in the formulation of development proposals.

1. The design of new buildings and the treatment of the spaces between them should reflect the conspicuous nature of the site as viewed from across the bay, and the appearance and character of the emerging Conservation Area.

1. The layout of the site must make appropriate provision for access to the cliff-top footpath from the harbour area. Applicants should be aware that due to the steep nature of the cliff, there exists a possibility that there will be water run-off from the top of the cliff to the cliff base at the rear of the buildings.

1. Port Erin Bay is known for its ecological importance, for example, as a plaice nursery area, basking shark hotspot and as an important dive site. Any new development should be sensitive to this ecological importance and also the scallop 'closed area'.

Cabinet Office Reference DF13/0011 Application No 13/00459/A Inspector's report

1. Any proposed scheme must include a Traffic Assessment evaluating the traffic impact of development on pedestrian and vehicular access along the narrow section of Shore Road.*

1. This Brief will have been drafted and adopted having regard to the more general provisions of the Strategic Plan. The proposals do not include any residential component, but that is identified as an option rather than a requirement. The intended mix of uses accords well, and would provide a major new asset for Port Erin and for the Isle of Man more generally, located in this attractive coastal village at the end of the popular Steam Railway. Although only as yet an in-principle application, the supporting statements and drawings point clearly to a sensitive restoration, re-use of and additions to the historic buildings, not least the Marine Laboratory.

1. I will return to section 4 of the Brief, after concluding that the proposals safeguard access to the cliff path and there is no reason to doubt that water run-off could be adequately addressed. There is every reason to be confident that the promoters, in association with Manx Wildlife Trust, would have due regard for the marine environment, indeed increased public awareness and interest arising from the facility could only be beneficial.

1. Finally, although there has been no direct representation from Highways Division, it is clear that the scheme has been prepared in consultation and without evident objection. The narrow length of Shore Road, subject to signal controlled shuttle working, while perhaps contributing towards Port Erin's charm, does limit its capacity to serve the site. That said, there is little else out on the headland, so most coming and going will be by visitors: to the headland as a place or to the proposed facilities. In either case these trips are likely to be spread out, with only a few employees arriving or leaving over concentrated periods. It may be too that the applicants underestimate the proportion of visitors to the Centre who would walk from the railway station as part of a combined day out. Further work to recalibrate the signals to reflect the new activities could well be beneficial, but I see no inherent problem with Shore Road providing an access to the development. There are various traffic restrictions within the village, reflecting its historic street pattern, but there is no reason to suppose that coach access could not be achieved.

1. I now return to matters encapsulated by section 4 of the Brief. The applicant's Transport Assessment analyses parking requirements against Strategic Plan standards but makes no mention of the provision that is envisaged. This is illustrated on Drawing P-106 (26 June/3 July 2013 date stamp) which amends an earlier layout illustrated on P-111 (15 April 2013 date stamp). The later drawing shows 23 spaces east of the complex, 20 just beyond the hotel, a further 46 as overflow provision beyond the defined site on the existing hardstanding, and 67 occupying most of the central green area within the road loop. These figures include spaces for people with disabilities. Even without the overflow area, this would amount to 110 spaces, not far short of the 123 referred to in the Transport Assessment, and well above that number if account is taken of the overflow area. There are also some public, roadside parking bays in the vicinity.

1. One might quibble with the Transport Assessment figure: it applies a town centre standard to the offices, for example, which might not apply here. Conversely, this would be a mixed use scheme, so some parking would in practice be by people visiting more than one of the component uses; as above I suspect that the assessment underestimates the proportion of visitors, during peak summer months, who would arrive on foot from the Steam Railway; and finally I keep in mind that most of the scheme would occupy existing buildings, any use of which would be likely to generate some parking demand. The illustrated provision has been conventionally laid out, and so numerically and in terms of highway safety I consider that the applicants demonstrate how there could be adequate parking.

1. But the development's prominent setting would be very considerably harmed by the expanse of equally prominent surface car parking proposed across the central green with potentially more on the existing hardstanding. Not only would this damage the appearance and character of the headland, it would in the process harm the outcome from otherwise very promising proposals for the buildings. The indicative hard landscaping would do little or nothing to ameliorate this and neither could it be justified - quite the reverse - by the extent of parking that can occur now in the vicinity. Somewhat reluctantly, but I have to say decisively, I consider that the scheme's several substantially beneficial aspects would nonetheless be outweighed by this single, but very crucial, shortcoming to a degree that leads me to recommend against approval.

Recommendations

1. I recommend that the application be refused for the following reason:

The application fails to demonstrate how sufficient car parking provision could be laid out in a visually acceptably manner at this prominent and sensitive location. Accordingly the scheme conflicts with aims for the site set out in the Area Plan for the South 2012.

1. In the event that the Council of Ministers disagree and are minded to grant approval, I would recommend the following conditions and Note, based on the Planning Officer's suggestions. I am dubious regarding the efficacy of Condition 5, at this exposed location, with limited space and what is likely to be thin soil cover, but I include it so as to seek some softening of the central area's appearance.

1. This approval relates to the principle of the conversion of existing educational establishment into a Marine Interpretation Centre including an associated retail unit with café, dive centre, offices for marine related businesses and a 20 bedroom hotel with parking and landscaping as shown generally in drawings P-110, P-111, P-112, P-113, SB-10 and P-106.

1. Details of the access, appearance, landscaping, layout, and scale, (hereinafter called "the reserved matters") shall be submitted to and approved in writing by the Planning Authority before any development is commenced and thereafter the development shall only be carried out in accordance with the details as approved.

1. Application for approval of the reserved matters shall be made to the Planning Authority before the expiration of two years from the date of this permission and thereafter the development shall only be carried out in accordance with the details as approved.

1. The development hereby permitted shall be begun either before the expiration of four years from the date of this permission or before the expiration of two years from the date of approval of the last of the reserved matters.

1. The application for reserved matters must include a landscaping scheme showing proposals for the introduction of shrubs and vegetation to soften the impact of the proposed car parking areas. Such planting must include incorporate species which will tolerate the marine context of the site.

1. The application for reserved matters must include a survey of the cliffs to the rear of the buildings for lizards, and if any are found or are thought to be present, measures for their protection during and after construction must be included and implemented in accordance with the approved scheme.

Note: advice of the Department of Environment, Food and Agriculture is recommended with respect to Condition 6.

Alan Langton Inspector