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Application No.: 23/01360/A Applicant: Peel Town Commissioners Proposal: Approval in Principle for the redevelopment of the site to provide cafe, bowling clubhouse, community facilities and public toilets. Site Address: Tennis Courts Marine Parade Peel Isle Of Man Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 04.03.2024
Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
This decision relates to the following plans and drawings, date stamped received on 20th November 2023:
Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are considered not to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
Shenndeeagh, Ballaquane Road & 12 Stanley Road as they are more than 20m away from the application site as per the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status
THIS APPLICATION IS REFERRED TO THE COMMITTEE AS IT COULD BE REGARDED A DEPARTURE FROM THE DEVELOPMENT PLAN AND IS RECOMMENDED FOR APPROVAL
1.1 The application relates to a site located to the Eastern side of Marine Parade, at the end of Peel prom which currently is being used as Tennis Courts. The site fronts onto a parking area at the end of the prom, with the bowling club to one side and open space to the other. To the rear is open space which rises steeply away from the side with various footpaths though, which afford views over the site and to the sea beyond. THE PROPOSAL - 2.1 The current planning application seeks an approval in principle of the redevelopment of the existing site to provide a café, bowling clubhouse, community facilities and public toilets.
2.2 Whilst indicative drawings/ a proposed location have been received, all matters are reserved for a future detailed planning application. - 2.3 The proposed use classes for the site would be:
2.4 A query was raised on whether the proposal for the site would be Class 4.4 and not 4.3 so that the space could be used for community facilities for the wider public of which the agent on behalf of the applicant confirmed that if approved and accepted by the Bowling Club the site would be used by the Bowling Club only for the area proposed as 4.3 and it would not be available as a public facility. (04.02.24)
2.5 The application provides several indicative drawings and information. This includes a "relocated tennis court", however this is outside the redline boundary and therefore does not form part of this application. Therefore the acceptability of locating a replacement tennis court in that area or the loss of the skate park has not been assessed.
3.1 The site in which the red line boundary is upon has two applications which are relevant;
3.2 The surrounding site has had several applications of which the below are recent and relevant; 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 de-rig from Monday 4th Sept to Monday 11th Sept - PERMITTED PA21/01537/B - Former Swimming Pool - Erection of tourist accommodation and marquee for the period 1st May to 30th September 2022 - DEEMED WITHDRAWN PA11/01345/B - Bowling Green Café - Alterations and extension to provide WC and store PERMITTED 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. The site is not within a Conservation Area or a Flood Risk Zone.
4.3.1 The site lies within an area of "Open Space for Particular Purposes, No.PO007" on the Draft Area Plan for the North and West. Reference within the written statement for PO007 states, "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."
General Policy 2 - detailed 'development control' considerations; Environment Policy 4 - Wildlife and Nature Conservation Environment Policy 22 - Protection of the wider environment and properties through nuisances
REPRESENTATIONS
5.1 The following representations can be found in full online, below is a short summery;
5.2 Highway Services have considered the proposal and state, "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, as the site is in a sustainable location in the town centre and public parking is provided on the parade. Secure cycle storage for staff and visitors, and bin storage facilities should be provided on the internal layout and therefore conditioned on permission." (01.12.23)
5.3 DOI Flood Risk Management have considered the application and state that the site is not in a high risk flood zone but is at risk of coastal overtopping as such precautions should be made to protect the property from coastal overtopping. (4.12.23)
5.4 Manx Utilities have written in to request on how the surface water will be discharged, (19.12.23) and also that details of the storm water outfall should be included in a detailed application. (20.12.23)
5.5 DOI Highway Drainage have written in to state that allowing surface water runoff onto a public highway would contravene Section 58 of the Highways Act 1986 and the guidance contained in section 11.3.11 of the Manual for Manx Roads. (19.01.24) - 5.6 The Owner/Occupier of 12 Stanley Road, Peel have raised comments regarding the use of the existing site and the proposed use of the site. - 5.7 The Owner/Occupier of Shenndeeagh, Ballaquane Road, Peel have raised comment regarding the use of the existing site and the proposed use of the site.
PREAMBLE 6.1 It is necessary to note that whilst an indicative floor plan and referenced images have been received to show what could be sited on the site, these have not been assessed in detail as the application has reserved all matters.
6.2 Whilst the above is noted, there is a referenced drawing of a proposed elevation within the details provided which would not comply with General Policy 2 or Environment Policy 42 of the Isle of Man Strategic Plan and as such, if approved the plans should be revised. ASSESSMENT - 7.1 As the application has reserved all matters, the only issue to consider in this application is if the overall principle of the proposal would be acceptable.
7.2 In the first instance the land zoning of the site needs to be looked at, as per section 4 above, the land zoning under the Peel Local Plan 1989 is for "Tourism" with the proposed draft Area Plan
for the North and West zoning the site as "Open Space", each of these matters is considered in turn.
7.3 The Strategic Plan divides open space into informal (play areas), amenity and formal (sports facilities). Recreation Policy 2 which seeks that development would not adversely affect or result in a loss of open space or a recreation facility unless there is an alternative provision of equal benefit or where there will be an overall community gain from the proposal. - 7.4 The Draft Area Plan for the North and West is accompanied by a Communities Facilities Audit that indicates that Peel has a population of 5710 and:
7.5 The above indicates that Peel has sufficient amenity space and shortfalls in sports pitches and children's play areas. Therefore the first question is the value of the existing formal public open space (tennis courts) and whether the proposed sporting facility (indoor bowling lanes) is of at least equivalent value. - 7.6 When looking at the proposal on face value, the only items which would be benefiting the wider community would be classes 1.3 & 1.4 which would entail a café and a takeaway, with the other parts of the proposal (bar the public toilets), would be used by the bowling green club and as such not open to general members of the public. However, the Strategic Plan at 1.6.2 states that for sporting use land may be included which includes, "Areas described above which are within the private, industrial or commercial sectors, that serve the leisure time needs for outdoor sport and recreation of their members or the public". - 7.7 The proposal would result in the total loss of the existing tennis courts. However the provision of indoor bowling lanes could be argued to provide a formal sporting facility which could be more easily used all year round (as the case for the indoor football pitch elsewhere in the town). The available information suggests that it may be possible to provide a replacement tennis court elsewhere (noting amenity space currently exceeds minimum standards, even though children's play space is deficient) - although refer to paragraph 2.5. - 7.8 Although the amount of land/floorspace available for sporting activity is reduced (to allow for the other uses), there are other examples of incidental/ancillary provisions within although reduce the activity area can improve the overall visitor experience. Therefore this is not in principle a reason for refusal. TOURISM - 7.9 The site is currently zoned for tourist use, so the second question is whether the proposed use fits with that or, if not, whether there are material issues which would justify a departure. - 7.10 Whilst the current land zoning of the site is for "Tourism," and this has been followed through with historic applications, none of the previous tourist applications have been taken up, moreover if the Draft Area Plan for the North and West is taken up, then the land zoning change to "Open Space," in itself shows that the existing land zoning isn't true to the site. - 7.11 The Our Island, Our Future - Isle of Man Economic Strategy make it clear that both Tourism and Open Space in the form of leisure facilities form vital parts of moving the Island forward, with this being mirrored in the Isle of Man Strategic Plan 2016 which has policies in place to accept sites into tourist and to protect open space sites. - 7.12 Overall it is not considered that the proposal will in practical terms be detrimental to Peel's tourist offer, and the potential of an additional indoor activity during inclement weather may in fact contribute to this.
8.1 It is arguable whether or not the proposal is a departure from the overall intentions of the development plan policies - although it is not an external sporting facility nor a dedicated tourist facility, it does offer sporting provision and may be of interest to tourists. Therefore, it may be appropriate to take a pragmatic view needs to be taken, with the benefits from this proposal being finely balance. Ultimately the land is being underutilised with the likelihood of it being used to its full advantage being minimal due to a wide variety of factors.
8.2 Overall it is considered that the proposal will comply with the overall principles of Strategic Policy 1 and Recreation Policy 2, with all the matters reserved for a future application.
8.3 Committee should note that a condition has not been attached in relation to replacement tennis courts, but in the event that the committee considered that the proposal was only acceptable subject to this, a Grampian Condition could be considered.
8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
8.2 The decision maker must determine:
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Refused Committee Meeting Date: 11.03.2024
Signed : J SINGLETON Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
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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.
Application No. : 23/01360/A Applicant : Peel Town Commissioners Proposal : Approval in Principle for the redevelopment of the site to provide
cafe, bowling clubhouse, community facilities and public toilets. Site Address : Tennis Courts Marine Parade Peel Isle Of Man Planning Officer Mrs Vanessa Porter Reporting Officer Mr J Singleton Addendum to the Officer’s Report
The Committee, with the exception of Mrs Hughes, Mr Warren and Mr Whiteway, rejected the recommendation of the Case Officer. The Chair used his casting voted to reject the Case Officer's recommendation and the application was refused for the following reasons
Reason for Refusal
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