Officer Report 09/01646/C

Application No.: 09/01646/C Applicant: Cherry Orchard Apartments Ltd Proposal: Change of use of decked area for the consumption of food and beverages Site Address: - Chequers Bar - Cherry Orchard Aparthotel - Bridson Street - Port Erin - Isle Of Man - IM9 6AN ### Considerations Case Officer: Miss S E Corlett Photo Taken: Senior Planning Officer ### Site Visit Expected Decision Level: Senior Planning Officer ### Written Representations ### Consultations Consultee: Highways Division Notes: Do not oppose has no traffic management, parking or road safety implications. Consultee: Port Erin Commissioners Notes:**

Officer's Report

The Site

The site represents the curtilage of the Cherry Orchard Hotel which sits fronting onto Bridson Street and Station Road and provides hotel and aparthotel accommodation with leisure facilities and a bar. The frontage to Bridson Street provides an entrance to the Chequers Bar which has a decked area to the north of the entrance. The site is on the eastern side of the road, opposite the eastern end of Church Road and to the north, the bus stop and public toilets.

Planning Status

The site lies within an area designated on the Port Erin Local Plan of 1990 as Tourism. On the draft Southern Area Plan published on 23rd October, 2009 the site the site is similarly designated. There is a policy in the draft plan which states "Those hotels which have been identified as important to tourism will be retained for hotel use and as such any redevelopment or re-use will not be permitted unless it is proven that hotel use is [sic] longer viable".

Planning History

The following applications have been submitted in respect of the Cherry Orchard site:

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

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Status - Permitted 1st January 1994 PA 84/00557/B - Construction of swimming pool and associated accommodation, Cherry Orchard Hotel, Bridson Street, Port Erin Status - 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 Status - 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. Status - Permitted 1st January 1994

PA 87/04780/A - Approval in principle to the erection of 2 bungalows, plot of land adjacent to The Cherry Orchard, Station Road, Port Erin. Status - Permitted 1st January 1994 PA 88/00996/B - Erection of dwelling, plot of land adjacent Cherry Orchard Hotel on Famman Close, Port Erin. Status - 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. Status - Permitted 1st January 1994 PA 90/01601/B - Alterations to rear of premises, Cherry Orchard Hotel, Bridson Street, Port Erin. Status - Permitted 1st January 1994

PA 90/01759/B - Enlarge window to rear of swimming pool, Cherry Orchard Hotel, Bridson Street, Port Erin. Status - Permitted 1st January 1994 PA 92/00199/A - Approval in principle for construction of tavern \& restaurant with ancillary facilities, adjoining Cherry Orchard Hotel, Station Road, Port Erin. Status - Refused 1st January 1994 PA 92/00200/D - Provision of illuminated box-type sign, Cherry Orchard Hotel, Bridson Street, Port Erin. Status - Refused 1st January 1994 PA 92/00201/D - Provision of neon sign, Cherry Orchard Hotel, Bridson Street, Port Erin. Status - Refused 1st January 1994 PA 93/01486/B - Internal alterations, Cherry Orchard Hotel, Port Erin. Status - 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. Status - 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. Status - Approved at Appeal 28th September 1998

PA 99/01321/B - Alterations to kitchen and Bridson Street elevation, APPEAL REFUSED 14 / 09 / 00

PA 00/00481/C - Change of use of part tourist flats to tourist/permanent flats Status - 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 00/01526/B - Installation of extraction flue Status - Approved at Appeal 12th March 2002 PA 00/01527/B - Proposed alternative flue design Status - Refused 5th February 2001 PA 00/01744/B - Alterations to Bridson Street elevation and new perimeter walling Status - 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 Status - 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 Status - 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 Status - 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

Status - 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

Status - 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

Status - 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 Status - Application Withdrawn 17th October 2005 PA 09/01496/B - Erection of a smoking shelter Status - Permitted 6th November 2009

Conditions

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

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

PA 00/1744 is of particular relevance as this is the application which introduced the timber decking which is the subject of this latest application and which contained the condition - "3. No approval is hereby granted or implied for the use of the timber decking area in association with the bar and/or restaurant."

THE PROPOSAL

Proposed here is the use of the decking for the consumption of food and beverages. REPRESENTATIONS Department of Transport Highways and Traffic Division and Port Erin Commissioners raise no objection to the application

ASSESSMENT

The proposal should be considered in the light of General Policy 2 of the Strategic Plan which states the following:

20 November 2009

"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 space 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 adverse 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."

In this case the proposal would not adversely affect the amenities of those in adjacent private properties as these are sufficiently far from the premises. Bridson Street is a main road with a bus stop and public toilets very close by and where there is vehicle and pedestrian movement at most times of the day and evening. The decked area is also close to the aparthotel bar which operates into the evening. Whether the operation of the decking as an area for food and drink would affect aparthotel residential units close to the decked area is a matter for those operating the hotel - these units are part of the defined site and thus in the control of the applicant.

It is considered that there is no adverse impact from the proposed use of the decking which would represent expansion of an existing acknowledged tourist facility, in line with the policies in the draft Southern Area Plan published on 23rd October, 2009.

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.

Recommendation Recommended Decision: Permitted Date of Recommendation: 20.11.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions 20 November 2009

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 use of the decked area for the consumption of food and drink sold within te Cherry Orchard complex as defined in red on the plans reference AT 1017.1, AT 1017.2 and the location plan, all received on 7th October, 2009.

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 : 24/11/09

Signed : ______________________________ Senior Planning Officer

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