13 September 2022 · Committee
Marine Biological Station, Breakwater Road, Port Erin, Isle Of Man, IM9 6ja
The application proposes the erection of a new building at the former Marine Biological Station on Breakwater Road, Port Erin, providing exhibition space, retail units, apartments, and a restaurant, along with associated parking. The site sits at the westernmost edge of Port Erin against a stone cliff face rising up to 21 metres above site level, with the Meayll Coast Wildlife Site immediately to the rear. Key planning issues included the visual and landscape impact of the buildings' design, shape, and massing; potential harm to the adjacent conservation area; ecological impacts on cliff-nesting birds including chough, herring gull, and fulmar, as well as roosting bats; highway safety; and the principle of mixed-use development on this sensitive coastal site. The officer recommended refusal, citing conflicts with Development Brief 22, Landscape Proposal 10, and several Strategic Plan policies relating to design, landscape, and ecology. However, the Planning Committee considered the case officer's report adequately covered the material issues and, weighing those issues in the round, resolved to grant permission subject to 29 conditions and a Section 13 agreement.
The Planning Committee overturned the officer's recommendation to refuse and granted permission, concluding that the planning balance favoured approval when all material considerations were weighed together. The committee acknowledged potential adverse visual and landscape impacts from the design, shape, and massing of the buildings but judged these did not outweigh the benefits of the scheme. The decision was subject to a Section 13 agreement, and the formal decision notice was issued once that agreement was concluded.
Area Plan for the South
The development would fail to comply with parts 2, 4, 6 and significant parts of part 1 of Development Brief 22
Strategic Plan
failing to comply with General Policy 2 (a) of the Strategic Plan
Area Plan for the South
contrary to Landscape Proposal 10 and Development Brief 22 of the Area Plan for the South
Strategic Plan
Strategic Policy 4(b), Environment Policy 42
Strategic Plan
conflicts with Strategic Policy 5, General Policy 2(b & g)
Strategic Policy 5: New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island. In appropriate cases the Department will require planning applications to be supported by a Design Statement which will be required to take account of the Strategic Aim and Policies. 4.4 Economy 4.4.1 The Spatial Strategy identifies the Major Employment Areas around the Island. While the majority of business and employment is focused around the Douglas Metropolitan Area, there are other major employment areas at Castletown, the Airport/Freeport, Peel, Ramsey and Jurby. The Department considers the distribution of employment areas provides a spread of employment opportunities around the Island. While recognising the opportunities for small scale local employment within existing centres it is considered new employment should, in the main, be concentrated within existing settlements or those major employment areas referred to in the Island Spatial Strategy and illustrated on the Key Diagram. Existing Local and new Area Plans will provide detailed boundar ies for these areas. From time to time Government may judge it appropriate to offer financial incentives to encourage economic activity or investment in particular parts of the Island.
Strategic Plan
fail to comply with the policy requirements of Recreation Policy 3 and Appendix 6
Recreation Policy 3: Where appropriate, new development should include the provision of landscaped amenity areas as an integra l part of the design. New residential development of ten or more dwellings must make provision for recreational and amenity space in accordance with the standards specified in Appendix 6 to the Plan. 10.3.9 Open Space in new developments should be provid ed within the site, but where it is impractical to provide the recreational space within the site, consideration may be given either to (a) provision off-site, but conveniently close thereto; or to (b) the use of commuted sums, which, under the terms of a section 13 Agreement, would be paid to the Local Authority as a contribution towards the provision of community recreational open space. Further details of these requirements are included in Appendix 6.
Strategic Plan
contrary to the requirements of General Policy 2 (m) of the Strategic Plan
Standard 4 years
The development hereby permitted shall commence before the expiration of four years from the date of this notice. Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
Approved Development
This approval relates to erection of: the construction of multi-use buildings incorporating retail, restaurant and exhibition space (not specifically allocated as such but referred to in the application description), aparthotel rooms and apartment uses with associated landscaping, access, parking and open space and shall be carried out in accordance with the drawings and other documents listed on this decision notice, and any drawings approved subsequently in writing by the Department pursuant to any conditions on this decision notice. Reason: for the avoidance of doubt and in the interests of proper planning.
Strategic Views and Appearance of the Building
There must not be any building, engineering or other work which will involve increasing the height of the building above what is shown on the approved plans and other document listed on this decision notice. Reason: in the interests of the wider strategic views of the area, the character and appearance of the development and the visual amenity of the area and the Raad Ny Foillan.
Stacks/Pipes and Flues etc
Other than those shown on the approved drawings, or as approved under any other Conditions on this decision notice, no soil stacks, soil vent pipes, flues, ductwork or any other pipework shall be fixed to the elevations of the building hereby approved. Reason: To ensure that the development is carried out to the highest standards of architecture and materials and in the interests of the character and appearance of the development.
External Plant/Apparatus
Any telecommunications apparatus (not for the purposes as set out under Town and Country Planning (Telecommunications) Development Order 2019), extraction plant, air conditioning units and any other plant or equipment that is required on the exterior of the buildings shall be installed in accordance with details to be submitted to the Department in writing to be agreed. The details shall include: proposals for communal provision of television receiving equipment, wherever possible; siting; appearance; any arrangements for minimising the visual impact; and any arrangements for mitigating potential noise and vibration. Reason: To ensure that any telecommunications apparatus and other plant or equipment that is required on the exterior of the buildings preserves the highest standards of architecture and materials as a key feature building.
Removal of Telecoms PD
Notwithstanding the provisions of the Town and Country Planning (Telecommunications) Development Order 2019 or any order amending, revoking or re-enacting that Order no telecommunications apparatus shall be erected or installed under Schedules 2 or 3 to that order without an express grant of planning approval from the Department. Reason: in the interests of the wider strategic views of the area, the character and appearance of the development and the visual amenity of the area and the Raad Ny Foillan.
Substation Works
The development/use hereby approved shall not be brought into use/commence until the proposed works to the substation have been carried out in accordance with drawing Existing. Proposed Substation Details 4423/PL/101 P00 dated 31 March 2021. Once carried out the substation shall thereafter be permanently retained as such. Reason: In the interests of the character and appearance of the development and the visual amenity of the area and the Raad Ny Foillan
Phasing plan
No works in connection with the development hereby approved shall commence unless a Phasing Plan setting out the details of the phasing of the development has been submitted to, and approved in writing by, the Department. The phasing plan shall include but is not limited to making provisions for the following; The delivery of the commercial elements prior to the occupation of the residential units; - o The development to be delivered in each phase; - o The timing of each phase; - o The sequence of the development; - o How earlier phases will be able to operate satisfactorily while later phases are still under construction. Thereafter, the development shall be carried out in complete accordance with the approved Phasing Plan. Reason: To ensure that build-out of the development is phased so as to avoid adverse impact on local services and infrastructure and in the interests of the visual amenity of the area and to make sure that the development is carried out in full and the commercial elements are provided as per the approval as the development has been assessed on a mixed use provision and to comply with the Development Brief 22 of the Area Plan for the South (2013)
Demolition (inc protection of rock face)
No development shall take place, including any works of demolition, until a dust, noise vibration management plan and any potential run off has first been submitted to the Department in writing to be agreed. The plan shall detail timing of said works, measures for the control and reduction of dust and noise emissions associated with demolition, earthworks, construction and track out, and arrangements for protection and monitoring of the rock face and any run off into the Marine Nature Reserve. The development shall be carried out in accordance with the plan so agreed. Any rock face protection shall not include netting. Reason: To ensure that measures are put in place to manage and reduce dust emissions during demolition and construction to safeguard local amenity and to ensure rock face and bird habitat and the Marine Nature Reserve is not affected by the demolition or construction.
Piling method statement
In the event that piling is used, no piling shall take place until a piling method statement (detailing the depth and type of piling to be undertaken and the methodology by which such piling will be carried out, including measures to prevent and minimise the potential for damage to subsurface sewerage infrastructure, potential impact on the Marine Nature Reserve and the programme for works) has first been submitted to the Department in writing to be agreed. Any piling must be undertaken in accordance with the terms of the approved piling method statement. Reason: To ensure that the rock face is in a safe condition for the life time of the development and to prevent any instability and increased risk of rock fall on site and to third parties.
Hours of Building work
Except for piling, excavation and demolition work, you must carry out any building work which can be heard at the boundary of the site only: - o between 08.00 and 18.00 Monday to Friday; - o between 08.00 and 13.00 on Saturday; and - o not at all on Sundays, bank holidays and public holidays. You must carry out piling, excavation and demolition work only: - o between 08.00 and 18.00 Monday to Friday; and - o not at all on Saturdays, Sundays, bank holidays and public holidays. Reason: to protect the local environment.
Rock face
There shall be no netting of the rock face for any purpose. Reason: for the avoidance of doubt and to protect nesting birds.
Drainage provision
Linear Drain The development hereby approved shall not progress above lower ground level until there has first been submitted to the Department in writing to be agreed, details of the proposed linear drain as shown on Proposed Drainage Strategy drawing 100217_03_500_01 dated 28.03.19 Rev D dealing with run off/discharge from the rock face to the adjacent land, including amenity space, and management thereof. No part of the development shall not be occupied until the agreed drainage strategy has been implemented. The development shall be carried out in accordance with the report so agreed, and shall be retained as such thereafter. Reason: To ensure that the amenity of future occupiers of the development is protected and that there is adequate infrastructure in place.
Surface water
Notwithstanding the details shown on Proposed Drainage Strategy drawings 100217_03_005_01 Revision D dated 287.03.19 no development shall take place, other than works of demolition, until details of works for the disposal of storm and surface water, including any required attenuation and/or storage, has first been submitted to the Department in writing to be agreed. The strategy shall not include any discharge to the sea or the use of storm overflows. No part of the development shall not be occupied until the agreed drainage strategy has been implemented. The surface water drainage system shall be permanently retained thereafter in accordance with the approved maintenance scheme. Reason: To ensure that there would be adequate infrastructure in place for the disposal of surface water arising from the development in an area adjacent to a tidal flooding zone and to protect the Marine Nature Reserve and Bathing water quality.
Foul Water
Notwithstanding the details shown on Proposed Drainage Strategy drawings 100217_03_005_01 Revision C, no development shall take place, other than works of demolition, until a foul water drainage strategy, detailing any on and / or off site works that may be needed to dispose of foul water from the development and to safeguard the development from foul water flooding, has first been submitted to the Department in writing to be agreed. No part of the development shall be occupied until the agreed drainage strategy has been implemented. The strategy shall not include any discharge to the sea or the use of combined sewage overflows. The foul water drainage system shall be permanently retained thereafter in accordance with the approved maintenance scheme. REASON: To ensure that there would be adequate infrastructure in place for the disposal of foul water arising from the development and to protect the Marine Nature Reserve and Bathing water quality.
Highways and Parking
The development and uses hereby approved shall not be brought into use and/or commence unless the vehicular and pedestrian access and all parking and turning areas, for each block, have been provided and surfaced in accordance with the details shown on the approved plan. Once provided, all parking and turning areas shall thereafter be permanently retained as such. Reason: To ensure the provision of a means of access and turning space to an adequate standard in the interests of road safety
Loading/offloading/parking/turning areas
The development and use hereby approved shall not be brought into use unless its loading, offloading, turning and parking areas have been provided and surfaced in accordance with the details shown on the approved plans, for each block. Once provided, the loading, offloading, turning and parking areas shall thereafter be permanently retained as such. Reason: To ensure the timely completion and retention of the on-site facilities to an adequate standard in the interests of road safety
Rising Bollards
Prior to the commencement of development details of the proposed security barriers (rising bollards) positioned at access point 3 serving Block A as shown on Studio RBA's No: RBA_224_(90)_A101 P01 named Ground Floor External Works uploaded on 18 August 2021 shall be submitted to and approved in writing to the Department. The security barriers/bollards shall be carried out in accordance with the report so agreed, and shall be retained as such thereafter. Reason: to ensure that any nuisance caused by vehicle queuing onto the highway is minimised.
Car and Cycle Parking
For the residential apartments at least one car parking space per apartment shall be allocated to the one bedroom apartments and two spaces for each of the two and three bedroom apartments, and shall be retained as such thereafter and use for no other purposes other than the parking of vehicles associated with the residential apartments. Reason: to ensure that the appropriate level of parking is provided for the apartments hereby approved.
Prior to occupation and/or use of each Block, or in accordance with the details approved under the phasing plan, the cycle parking shall be provided in accordance with the approved plans for the sole use of the development
Prior to occupation and/or use of each Block, or in accordance with the details approved under the phasing plan, the cycle parking shall be provided in accordance with the approved plans for the sole use of the development. Thereafter the cycle spaces must be retained and the space used for no other purpose. Reason: to ensure the satisfactory provision of safe cycle storage facilities and to provide facilities for all uses of the site and in the interests if highways safety and sustainable transport.
Car park ventilation
In the event that car park ventilation is required, no part of the development hereby approved shall progress above lower ground level until there has first been submitted to the Department in writing to be agreed, a scheme to ventilate the car park and minimise the ingress of polluted air, and management thereof. The development shall be carried out in accordance with the report so agreed, and shall be retained as such thereafter. Reason: To ensure that the amenity of future occupiers of the development is protected and to ensure that the development is carried out to the highest standards of architecture and materials and in the interests of the character and appearance of the development.
Materials - details
No works in connection with the development hereby approved shall commence until details, including the manufacturer's details, specification and colour of all the materials/roof/wall/windows/doors/garage doors/rainwater goods to be used in the external finish for the approved development have been submitted to and approved in writing by the Department. The development shall not be occupied or brought into use unless the external finish has been applied in accordance with the approved details. Reason: In the interests of the appearance of the development and the visual amenities of the area.
Materials - sample panel
No development shall take place before sample panels of all proposed materials demonstrating the colour, texture, bond and pointing of any stonework and render have been constructed on site. The Department shall approve in writing the colour, texture, bond and pointing of the materials prior to development commencing and the development shall be carried out in accordance with the approved details. The sample panel shall be retained on site until development is completed or removal is approved in writing by the Department. Reason: To ensure that the development is carried out to the highest standards of materials, in the interests of the appearance of the development and the visual amenities of the area.
Restricted Uses and Hours
Aparthotels The apart-hotel units hereby approved shall be used solely as serviced apartments and shall not be used as separate residential units or occupied as a person's sole or main place of residence or for any other purpose between the months of April and September (inclusive). Reason: For the avoidance of doubt and to ensure the development fulfils the role of temporary hotel accommodation during the holiday season.
Removal of Permitted Development Rights
Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the shop in Block C hereby approved shall be used only for the purpose hereby approved and shall not be used for any other purpose within Use Class 1.1 without the express grant of planning approval from the Department. Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area and the impact of the change on the relevant policies including Development Brief 22 of Area Plan for South (2016).
Opening Hours
Customers shall not be permitted within the proposed restaurant/pub hereby approved in Block D between the hours of Midnight to 6am Monday to Friday; Saturday & Sunday. Reason: To protect the environment of people in neighbouring properties.
Public Open Space
No part of the development hereby approved shall be occupied/brought into use until the Public Open Space provisions and associated landscaping, on the leased land north of and adjacent to the building, as shown on drawing 3959 101 [dated 18 August 2021] are completed and available for use and thereafter retained. Reason: An exception has been made on the grounds that the improvement to the current open space is acceptable in lieu of additional provision and to ensure that the Public Open Space is provided in a timely manner and contributes to the creation of a high quality, accessible, safe and attractive public realm.
Bird Strike
Notwithstanding the details shown on the approved plans all glass balustrades/balconies shall be installed with measures to prevent bird strikes to be either etchings on the glass or use of ultraviolet decals. Reason: To prevent bird strikes, due to proximity of nearby nesting birds.
Grampian Conditions
No development in connection with the development hereby approved shall be occupied/brought into use until the off-site highway works shown on drawing 100217_03_0100_01.1 and Dice Consulting Engineers Ltd March 2021 report 'Discharge of condition 5 off-site highway works' has been implemented in accordance with the approved details. Reason: to ensure that the development will not compromise the free flow of traffic or highway safety.
approval in principle for the erection of a building to provide exhibition space, retail, apartments and restaurant with associated 159 parking spaces
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 bedroomed hotel with parking and landscaping
full approval for erection of extensions and conversion of existing educational establishment into a Marine Interpretation Centre including an associated retail unit and cafe, dive centre and offices for marine related business
