Officer Report 09/01496/B

Application No.: 09/01496/B Applicant: Cherry Orchard Apartments Ltd Proposal: Erection of a smoking shelter Site Address: Chequers Bar Cherry Orchard Hotel Bridson Street Port Erin Isle Of Man IM9 6AN --- ### Considerations Case Officer: Miss S E Corlett Photo Taken: 08.10.2009 Site Visit: 08.10.2009 Expected Decision Level: Senior Planning Officer --- ### Written Representations --- ### Consultations Consultee: Highways Division Notes: Do not oppose Consultee: Port Erin Commissioners Notes: Oppose Consultee: Manx Electricity Authority Notes:** see note 1 ---

Officer's Report

This application is recommended for consideration by the Planning Committee rather than under delegated authority as the local authority is recommending that the application be refused and the application is recommended for approval.

The Site

The site represents the curtilage of the Cherry Orchard Hotel, an aparthotel situated between Station Road and Bridson Street and has frontages onto both of these highways. The remainder of the building backs onto properties in Close Famman and Lhag Mooar.

Planning Status

The site lies within an area designated on the Port Erin Local Plan of 1990 as Tourism.

Planning History

The site has been the subject of the following applications:

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3 November 2009 09/01496/B Page 1 of 5

PA 00/00481/C - Change of use of part tourist flats to tourist/permanent flats Initial Decision - Permitted 26th July 2000 Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. This approval relates to those apartments indicated on the plan submitted as part of this application and date stamped 2nd June, 2000.

PA 84/00465/D - Erection of canopy with illuminated front, illuminated box sign, lettering on wall and car park sign, Cherry Orchard Hotel, Bridson Street, Port Erin Initial Decision - Permitted 1st January 1994 PA 84/00557/B - Construction of swimming pool and associated accommodation, Cherry Orchard Hotel, Bridson Street, Port Erin Initial Decision - Permitted 1st January 1994 PA 87/00725/B - Demolition of brick-built shed and erection of six-bedroomed annex, Land adjacent to 40 and 42 Close Famman, Cherry Orchard Hotel, Port Erin Initial Decision - Refused 1st January 1994 PA 87/04555/B - Erection of gable to roof to repair storm damage on Bridson Street elevation, and insertion of dormer windows, to provide staff room and store, The Cherry Orchard Hotel, Port Erin. Initial Decision - Permitted 1st January 1994

PA 90/00048/A - Approval in principle for use of outbuilding for generator house, Cherry Orchard Hotel, Bridson Street, Port Erin. Initial Decision - Permitted 1st January 1994 PA 90/01601/B - Alterations to rear of premises, Cherry Orchard Hotel, Bridson Street, Port Erin. Initial Decision - Permitted 1st January 1994

PA 90/01759/B - Enlarge window to rear of swimming pool, Cherry Orchard Hotel, Bridson Street, Port Erin. Initial Decision - Permitted 1st January 1994 PA 92/00200/D - Provision of illuminated box-type sign, Cherry Orchard Hotel, Bridson Street, Port Erin. Initial Decision - Refused 1st January 1994 PA 92/00201/D - Provision of neon sign, Cherry Orchard Hotel, Bridson Street, Port Erin. Initial Decision - Refused 1st January 1994 PA 93/01486/B - Internal alterations, Cherry Orchard Hotel, Port Erin. Initial Decision - Permitted 28th March 1994 PA 98/01704/B - Alterations to roof of approved dining room extension and siting of oil tanks, Cherry Orchard Apart Hotel, Bridson Street, Port Erin. Initial Decision - Permitted 30th March 1999 PA 97/01599/B - Extension to Apart Hotel to create extension to dining room with associated facilities, Cherry Orchard Apart Hotel, Bridson Street, Port Erin. Appeal Decision - Approved at Appeal 28th September 1998

PA 99/01321/B - Alterations to kitchen and Bridson Street elevation, APPEAL REFUSED 14 / 09 / 00 Review Decision - 9th March 2000 PA 00/01526/B - Installation of extraction flue Appeal Reference - 01/00188/NONDET Appeal Decision - Approved at Appeal 12th March 2002 PA 00/01527/B - Proposed alternative flue design Initial Decision - Refused 5th February 2001 PA 00/01744/B - Alterations to Bridson Street elevation and new perimeter walling Initial Decision - Permitted 21st March 2001 Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
2. No advertisement matter of any description shall be exhibited on these premises without the PRIOR written permission of the Planning Authority.
3. No approval is hereby granted or implied for the use of the timber decking area in association with the bar and/or restaurant.
4. This approval relates to drawing nos. AT 380.11, AT 380.2 and AT 380.10 Rev 1.

PA 00/01739/B - Alterations to apartment Initial Decision - Permitted 30th January 2001 Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

PA 00/02336/B - Conversion of bedroom wing to 11 permanent apartments Initial Decision - Permitted 18th May 2001 Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

PA 01/00407/C - Change of use of tourist apartment to tourist and residential apartment, apartment 11 Initial Decision - Permitted 9th August 2001 Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

PA 01/02352/B - Change of use of tourist apartment to tourist/residential apartment, apartment 16 Initial Decision - Permitted 28th March 2002 Conditions

1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.

PA 02/01410/B - Installation of door and window

Initial Decision - Permitted 14th February 2003

Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This approval relates to drawing no. 63-01-01A, submitted as part of this application and date stamped 15th January 2003.

PA 02/02010/B - Installation of new gable window and Velux roof light

Initial Decision - Permitted 21st March 2003

Conditions

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

1. This approval relates to drawing no. 585.1, date stamped 15th January 2003.

PA 05/01787/C - Additional use of residential apartment to tourist accommodation

Initial Decision - Application Withdrawn 17th October 2005

THE PROPOSAL

Now proposed is the erection of a shelter for smokers, to be located on the northern face of the western elevation, looking towards Bridson Street. The shelter will take the form of an open timber framed structure with polycarbonate roof behind a painted fascia board to match the existing signage alongside.

REPRESENTATIONS

Department of Transport Highways and Traffic Division indicate that they do not oppose the application.

Manx Electricity Authority make comment about existing electricity supplies, which is a matter for the on-site contractor and should not be referred to in the planning decision notice.

Port Erin Commissioners initially objected to the application as this entrance is a level one suitable for disabled persons' use and accessing the building through a smoking shelter is not acceptable. However, after discussion with the applicant, they have withdrawn their objection as there are other accesses available.

ASSESSMENT

The proposed facility is in line with the designation of the site for Tourism and the authorised use of part of the building as a bar. The structure is modest and will not adversely affect the appearance or character of the building or the surrounding area or the amenities of those who live in the vicinity.

As such the proposal is considered to accord with General Policy 2 of the Strategic Plan.

PARTY STATUS

The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.

The Manx Electricity Authority raise issues regarding working practices around existing supplies, which are not material planning considerations and as such the MEA should not be afforded party status in this instance.

3 November 2009

09/01496/B

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 03.11.2009

Conditions and Notes for Approval / Reasons and Notes for Refusal

• [ ] C : Conditions for approval
• [ ] N : Notes attached to conditions
• [ ] R : Reasons for refusal
• [ ] O : Notes attached to refusals

C 1.

The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2.

This permission relates to the erection of a smoking shelter as shown in drawing AL 1010.1 received on 10th September, 2009.

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I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made: Permitted Date: ............................... Signed: ............................... Senior Planning Officer