DEC Officers Report

Application No.: 19/01379/B Applicant: Mr & Mrs David McLean Proposal: Creation of a doorway from existing window, access ramp, extension of existing driveway and additional use of residential dwelling for tourist accommodation Site Address: Ballawattleworth House Tynwald Road Peel Isle Of Man IM5 1JP Planning Officer: Mr Paul Visigah Photo Taken: 03.01.2020 Site Visit: 03.01.2020 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 27.03.2020 _________________________________________________________________

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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

• C 2. The development hereby approved shall not be occupied or operated until the means of vehicular access has been constructed in accordance with the approved plans (Amended Drw.No.10), and shall thereafter be retained for access purposes only. Reason: In the interests of highway safety. Plans/Drawings/Information; This decision relates to the following plans, documents and drawings:

• 17 - Supporting Statement 01, 16 - User Statement 01,
• 18 - Supporting Statement 02,

• 08 - Design and Access Statement 01,
• 09 - Design and Access Statement 02,

• 01 - Existing Location Plan,

• 02 - Existing Site Plan,
• 03 - Existing Ground Floor Plan,
• 04 - Existing First Floor Plan,
• 05 - Existing Second Floor Plan,
• 06 - Existing Elevations,
• 07 - Existing Elevations,

• 11 - Proposed Ground Floor Plan,
• 12 - Proposed First Floor Plan,
• 13 - Proposed Second Floor Plan,
• 14 - Proposed Elevations,
• 15 - Proposed Elevations, Date stamped as received on 10th December 2019.

And;

• 10 - Amended Site Plan (Rev B) Date stamped as received on 20th March 2020.

_______________________________________________________________ Interested Person Status – Additional Persons

It is recommended that the following persons should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Ray Harmer MHK (Member for Glenfaba and Peel)

is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy. _____________________________________________________________________________

Officer’s Report SITE

1.1 The application site is the residential curtilage of Ballawattleworth House, Tynwald Road, Peel which is a large two storey detached property situated in substantial grounds, located on the north eastern side of Tynwald Road. - 1.2 The front boundary is made up of a low wall (700mm high) with a hedge above it (the hedge is about 1.6m high). Currently, the pedestrian access has a metal gate coloured black situated on the south western end of the front boundary, while the vehicular access gate leading to the driveway has a similar design as the pedestrian gate and is situated on the south-west end of the site. THE PROPOSAL

2.1 The application seeks approval for the creation of a doorway from existing window, access ramp, extension of existing driveway, and additional use of residential dwelling for tourist accommodation. - 2.2 The details of the proposed works are as follows:

• i. Replacement of existing UPVC casement window at the rear of the living space by the kitchen with new external glazed door 2.5m high and 1m wide.

• ii. Creation of access ramp 7.3m long and 1.6m wide to serve the rear access created. This ramp will be 3oomm high (from the ground level to base of the door) at the entrance to the building from the rear.
• iii. Extension of the existing driveway to enable the creation of six additional parking spaces on the site. The new parking spaces would have the same measurement as the existing 5m x 2.5m. hardstanding to accommodate wheelchair access to rear will be created by the north facing parking area.
• iv. The other component of the application would involve the additional use of the property for tourist accommodation. The proposed plan would accommodate nine standard guest bedrooms, accommodation for one live-in member of staff and one separately tenanted ground floor apartment at the rear section of the property.

2.3 The applicant has provided additional information to state that they intend to convert the main dwelling to a Christian Retreat House for use by the Christian community of the Island, the British Isles and beyond.

PLANNING POLICY

3.1 The application site is within an area zoned as "Predominantly Residential" identified on the Peel Local Plan 1989. The site is not within the Peel Conservation Area.

3.2 Given the land use designation, General Policy 2 (in part) of the Isle of Man Strategic Plan 2016 applies "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:

• (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;

• (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."

Other relevant policies within the Strategic Plan include the following:

3.3 Strategic Policy 8: Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man-made attractions. - 3.4 Business Policy 13: "Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such use would not compromise the amenities of neighbouring residents." - 3.5 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards. The current standards are set out in Appendix 7.

• 3.5.1 APPENDIX 7: PARKING STANDARDS Residential A.7.1 High levels of car ownership have led to an increase in the level of parking expected for new residential development, and outside of town centre locations these standards should not be relaxed. New-built residential development should be provided with two parking spaces per

dwelling, at least one of which should be within the curtilage of the dwelling and behind the front of the dwelling, although the amount and location of parking will vary in respect of development such as terracing, apartments, and sheltered housing. In the case of town centre and previously developed sites, the Department will consider reducing this requirement having regard to:

• (a) the location of the housing relative to public transport, employment, and public amenities;
• (b) the size of the dwelling;
• (c) any restriction on the nature of the occupancy (such as sheltered housing); and
• (d) the impact on the character and appearance of the surrounding area. Where new dwellings are created by the conversion of existing buildings, parking space should be formed by the clearance of outbuildings and low-grade annexes or "outlets" if it is reasonable and practicable so to do; however, in general, the need to find a use for redundant buildings which are in sound condition will outweigh the drawback of any shortfall in parking provision.

• 3.5.2 A.7.6 Parking Standards These standards may be relaxed where development:

• (d) is within a reasonable distance of an existing or proposed bus route and it can be demonstrated a reduced level of parking will not result in unacceptable on street parking in the locality.

3.6 Whilst not planning policy, the Department's recently published Residential Design Guidance (July 2019) is referenced in this report and is capable of being a material consideration.

• 3.6.1 Residential Design Guide - DEFA - July 2019 states: "Proposals which result in the loss of more than 50% of the existing front lawned/landscaped garden will not normally be supported, to ensure the character of the street scape is retained and avoid frontages of properties appearing as one large car parking area, detrimental to the appearance of the street scene and to the outlook of residents. It is important that the design of a driveway maintains a balance between hard and soft landscaping and contributes positively to the street scene. Proposals are unlikely to be supported where they do not meet the following guidelines:

• i. the area intended for the driveway should be the minimum space necessary (see the Manual for Manx Roads);
• ii. where possible, separate pedestrian access should be retained/provided (existing gates should normally be retained and any new gates should not open out over the highway);
• iii. consideration should be given to a strip of grass or gravel placed in the centre of the hardstanding can hide leaked oil and maintain the look of a front garden; and
• iv. parking spaces should be avoided directly in front of any Primary Window as the resulting outlook can be undermined by the presence of parked cars."

3.7 Section 11.6 Manual for Manx Roads 11.6.4 Where a property is to be divided into several residential units, which increases parking requirements, a communal parking area may be provided.

PLANNING HISTORY

4.1 The site has been the subject of nine previous planning applications four of which is considered to be of material relevance to the determination of the current application:

4.2 PA 89/01544/A for Approval in principle to provide additional accommodation, Ballawattleworth House, Tynwald Road, Peel - APPROVED

4.3 PA 89/01545/B for Alterations and extensions to garage to provide additional living accommodation, Ballawattleworth House, Tynwald Road, Peel - APPROVED - 4.4 PA 01/01444/C for Change of use from residential home to dwelling - APPROVED - 4.5 PA 13/00553/B for Alterations and division of existing dwelling to provide three residential units and vehicular access alterations

The components of the building that are subject to modification and alteration within the current application were approved in the above applications.

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 The Department of Infrastructure (DOI) Highways Division has written in with the following comments in a letter dated 15 January 2020:

Whilst there is no objection in principle to the development, there are concerns over the limited width of the access to accommodate a vehicle exiting whilst another is attempting to enter he site. Such a restriction results in vehicles becoming stationary on the main road creating unnecessary obstruction.

Given the proposed use for tourist accommodation, there will be times during the year when an increase in traffic would be expected and therefore an increase in the likelihood of such an obstruction occurring.

A revised plan should incorporate a more satisfactory access arrangement with a minimum width of 4.5m or with a slightly wider preferred 4.8m width for at least 6.0m.

The access should also be surfaced sealed and drained for the first 10m so as to avoid any mud/gravel migrating out onto the public highway.

Notwithstanding the suggestion above, refusal is recommended based on the layout associated with the application.

• 5.1.1 In response to the comments from highways dated 15 January 2020, the applicant have provided amended drawings to maintain the existing width of the driveway entrance and to provide an adequate passing place on 20 March 2020.19

• 5.1.2 The Department of Infrastructure (DOI) Highways Division that has previously written in to recommend refusal for the application, after receiving the amended drawings from the applicants has written in with the following comments in a letter dated 12 March 2020:

An initial response from Highway Services was provided on 15th January 2020 stating an objection due to the detailing of access width and surfacing.

Highway Services undertook a site visit on Wednesday 11th March 2020 and provided the following advice that updated advice provided in the initial consultation report of 15th January 2020:

• o Retain the gate posts in the current position which would not require the extension of the dropped kerb,

• o Provide the passing place within the site beyond the gateposts to a more useable 5.5m width over 8.0m length. The passing place could be situated around 2.0m beyond the gateposts and allow a taper from the width of 4.1m to 5.5m; and
• o New surfacing to be provided as previously suggested over a 10.0m length beyond the gateposts. The applicant has provided an updated plan taking into account the above advice and the application is now satisfactory from a highway perspective. Recommendation: DNO.

5.2 There has been no written representation made regarding the current planning application by the Peel Town Commissioners at the time of writing this report, although they were consulted on 18 December 2019. - 5.3 Ray Harmer MHK (Member for Glenfaba and Peel) has written in to support the application with the following comments dated 14 January 2020: The proposed retreat Ballawattleworth House, Peel supports the government's Destination Management Plan 2016-20 which has a mission to 'promote and develop the Isle of Man as a place to visit, live, work and invest' and aims to 'grow the tourism and visitor economy sector consistently in a sustainable manner'. Further, it seeks to target additional niche growth markets.

I agree that the vision behind establishing a Retreat Centre in Peel is in accord with the government's aims in developing the Island as a visitor destination. I understand that the owner's intention is to offer themed retreats that take advantage of the rich heritage offered by the Island, including the Keeills, Celtic and Viking crosses, and natural environment.

ASSESSMENT

6.1 The key considerations in the assessment of this application are the potential for impact on the neighbours, and the visual character and appearance of the site and street scene, as well as impact on parking.

6.2 Character and Appearance

• 6.2.1 From the front part of the site, the proposed works would not be visible, given the position of the work area from the abutting highway and the nature of the boundary treatment which completely conceals the work area from vantage points on the highway. It is also noted that the works to the parking area and the front elevation of the property would not result in unacceptable detriment to the character of the dwelling or surrounding street scene. As such, the proposal would respect the existing dwelling and the streetscene in terms of its scale, form and design and would therefore accord with General Policy 2 (b&c).

• 6.2.2 The recently approved Residential Design Guidance makes it clear that hard surfaced car parking should not dominate the plot or the streetscene and the general guidance is that this should occupy up to a maximum of 50% of the frontage. In this case the increase in the hard surfacing will be less than the stipulated maximum of 50% of the frontage and as such will have a negligible impact on the character of the plot which will still have a considerably large green turf on its front garden. Based on the foregoing, the proposal would not appear unpleasant or detract from the existing character and appearance of the dwelling. Accordingly, in terms of the visual appearance of the proposal, it is considered acceptable in accordance with General Policy 2 (b), (c), & (g).

6.3 Impact on Neighbouring amenity and Highway safety

• 6.3.1 Regarding the use of the property as tourist accommodation, it is considered the proposed use of the existing residential dwelling would have a similar impact, whether it is used for tourist or permanent residential use and therefore would not have a significant impact

upon the living conditions of the neighbouring properties. It should also be remembered that the use of the site for private rental accommodation would require no planning approval and could result in frequent and continual turnover of residents when the size of the property is put in context. Equally, permission was given for the division of the dwelling to provide three residential units with vehicular access alterations; a condition that would significantly increase the comings and goings of residents to the site.

• 6.3.2 As well, there should be no material change in the effect on highway safety and car parking with arguably a reduced impact from tourist occupancy where such may not always have a car. Besides, off street parking would be provided on the hardstanding areas within the site, providing 12 parking spaces for all users of the site; which should be sufficient for the intended use of the property. It is also noted that there is unallocated parking in front of the dwelling and the dwelling is close to public transport routes which would reduce the reliance on private car use, considering it would be for tourists and not permanent residents who would be more reliant on the use of private cars.
• 6.3.3 It is also noted that the changes to the driveway to provide a passing place would ensure that there is no spill-over traffic onto the abutting highway from the application site during busy periods as the works would ensure there are no trailing traffic onto the highway from the activities on the site. However, a condition would be recommended to ensure that the first 10m section of the access would be surfaced sealed and drained to ensure that mud/gravel does not migrate onto the public highway resulting from the use of the access in view of Highway comments.

CONCLUSION

7.1 The proposal is considered to have an acceptable impact in terms of both visual amenity and neighbouring amenity, as well as general highway safety and therefore the application is supported. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 8.2 The decision maker must determine:

• 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 in Article 6(4) 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.

Decision Made : Permitted Date: 31.03.2020

Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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