DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00283/C Applicant: Miss Valerie Stephens Proposal: Change of use from ground floor tapas restaurant and first floor apartment to solely residential (one dwelling) Site Address: 5 Port Jack Onchan Isle Of Man IM3 1ED Planning Officer: Mr Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 02.05.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions C 1. The development hereby approved shall be begun before the expiration of four years from the date of this decision 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.

This application has been recommended for approval for the following reason. This application is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan.

Plans/Drawings/Information; This approval relates to the documents and drawing no. 01P, 02P, 03P which have been received on 7th March 2023 and 11th April 2023. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is 5 Port Jack, Onchan.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the change of use of the mid terrace property to a single dwellinghouse (use class 3.3).

3.0 PLANNING HISTORY - 3.1 There is no previous application considered materially relevant to this application.

4.0 Planning Policy Site Specific - 4.1 The site is within an area designated as Mixed Use in the Area Plan for the East. - 4.2 The Written Statement states: "Development types within areas of mixed use generally comprise a variety of different but compatible uses. Appropriate new uses may include a mix of shops and some services (financial and professional), food and drink, office and light industry, research and development, tourist and residential uses, and other uses such as clinics or health centres, childcare or education, community facilities, and places of assembly and leisure. Uses which are not compatible with residential development will generally not be supported within the areas of mixed use. " Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:

• o Strategic Policy 3, 5
• o General Policy 2 (b) (c) (g) (h) (i) (m) (n)
• o Housing Policy 17
• o Transport Policy 7
• o Appendix 7.6
• o Community Policy 7, 10 and 11
• o Infrastructure Policy 5

PPS and NPD

4.4 There is no Planning Policy Statement or National Policy Directive applicable to this application.

5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance - 5.1 There is no strategy or guidance considered materially relevant to this application.

6.0 REPRESENTATION - 6.1 Onchan District Commissioners does not object to this application (06.04.2023). - 6.2 Highway Services do not oppose this application (22.03.2023). The comment states that there is no significant negative impact on highway safety, network functionality and /or parking.

7.0 ASSESSMENT Elements of Assessment - 7.1 The key issues to consider are the principle of the development, its impact on the user's amenities, neighbouring amenities, and highway and parking provisions. Principle of the Development - 7.2 The site is within an area designated for Mixed Use. Therefore, the proposed use class 3.3 is considered acceptable. User Amenities - 7.3 The proposal will be incorporated into an existing residence. Therefore, it is considered that the refuse storage provision is acceptable.

7.4 The proposed dwelling would have a good outlook of the wider bay area, which is considered acceptable. Neighbouring Amenities - 7.5 The proposal is within a mixed-use area and the proposed residential use will not generate more noise than the existing business and residence nearby so the impact on neighbours is considered acceptable. Traffic and Parking - 7.6 DoI Highway Services has no objection, so the impact on parking is considered acceptable.

8.0 CONCLUSION - 8.1 The proposal is considered to comply with General Policy 2 and Transport Policy 7 of the Strategic Plan. Therefore, it is recommended for an approval.

9.0 INTERESTED PERSON STATUS - 9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land which the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

9.2 The decision-maker must determine:

• o whether any other comments from Government Departments (other than the Department
• of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Date: 03.05.2023 Determining officer

Signed : A MORGAN Abigail Morgan Principal Planner

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