DEC Officer Report

Application No.: 19/01456/C Applicant: Bryony And Charlotte Friar Proposal: Additional use of dwelling as tourist accommodation Site Address: The Rowans Main Road Kirk Michael Isle Of Man IM6 1AH Principal Planner: Mr Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 04.02.2020 _________________________________________________________________

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.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings reference numbers 01, 04 and 05 all received on 30th December 2019. _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of The Rowans, Main Road, Kirk Michael which is a dormer detached bungalow located on the western side of Main road and opposite the Mitre Hotel Pub.

- 2.0 THE PROPOSAL

2.1 The planning application seeks approval for the additional use of existing dwelling for tourist accommodation. No physical alterations are proposed to the dwelling.

3.0 PLANNING HISTORY - 3.1 There are no following previous planning applications which are considered relevant in the assessment and determination of this application.

4.0 PLANNING POLICY - 4.1 In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Kirk Michael Local Plan. The site is not within a Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains two policies that are considered specifically relevant to the assessment of this current planning application: - 4.3 General Policy 2 states: "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 spaces 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 unacceptable 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."

4.4 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development." - 4.5 Business Policy 13 states: "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."

5.0 REPRESENTATIONS - 5.1 Kirk Michael Commissioners have sought a defferal (24.01.2020). - 5.2 Highway Services do not object (10.01.2020).

- 6.0 ASSESSMENT

6.1 The key issue to considerer in the assessment of this planning application is the principle of the use of the dwelling for tourist purposes. PRINCIPLE OF THE USE OF THE DWELLINGS FOR TOURIST PURPOSES - 6.2 As outlined in 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. The site is locates within the centre of Kirk Michael adjacent close to shops, attractions and services. It is considered the use of the existing dwelling for tourist purposes would be an ideal location for visitors. It is not considered the use of the dwelling for tourist purposes would raise any significant impacts upon neighbouring properties.

7.0 CONCLUSION - 7.1 Overall it is concluded that the planning application accords with the provisions set out in General Policy 2 and Business Policy 13 of the Isle of Man Strategic Plan 2016 and as such the planning application is recommended for approval.

8.0 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:

• 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 in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 06.02.2020 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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