26 March 2015 · Delegated
Shop & Premises, Promenade, Port Erin, Isle Of Man, IM9 6ag
The application sought to convert a ground floor retail unit within Balmoral Buildings — a three-storey mid-terraced building on the eastern side of The Promenade, Port Erin — into an estate agency. The site sits within a Mixed Use zone under the Area Plan for the South 2013 and within the proposed Port Erin Conservation Area. The main planning issue was whether the change of use was compatible with the Mixed Use zoning and with the policy presumption in favour of retaining ground floor retail. Officers noted that while Mixed Use Proposal 1 creates a presumption in favour of keeping retail on the ground floor, each case is assessed on its own merits. The surrounding area's Mixed Use designation supports a diversity of uses, and an estate agency was considered an appropriate use in this location. The proposal was found to accord with the Area Plan and the Isle of Man Strategic Plan 2007, and no adverse impact on the character of the Conservation Area was identified.
The estate agency use was judged acceptable because the site lies within a Mixed Use zone where a range of uses is encouraged to support the vitality and viability of Port Erin. Although there is a general presumption in favour of retaining ground floor retail, the policy requires each case to be assessed on its merits, and officers concluded the proposed use was compatible with the locality. The application was permitted by delegated decision with two conditions.
Mixed Use Proposal 1
presumption in favour of the retention of existing retail units on the ground floor
Mixed Use Proposal 3
encourage a diversity of uses which would add to the overall vitality and viability
General Policy 2
Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan
General Policy 2: Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Environment Policy 35
Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area
Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
Business Policy 7
New office floor space should be located within town and village centres on land which is zoned for the purpose
Business Policy 7: New office floor space should be located within town and village centres on land which is zoned for the purpose on the appropriate area plan; exceptionally, permission may be given for new office space (a) on approved Business Parks for Corporate Headquarters which do not involve day to day callers; or (b) in buildings of acknowledged architectural or historic interest for which office use represents the only or most appropriate practicable and economic way of securing future use, renovation and maintenance.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Condition 2
No approval is hereby granted to the erection of signage as such is regulated by the Town and Country Planning (Control of Advertisements) Regulations 2013. An application for Express Consent for the signage should be made under these provisions prior to the erection.
