DEC Officer Report

Application No.: 20/00937/C Applicant: Rockfell Ltd Proposal: Additional use of residential (class 3.3) as tourist living accommodation (class 3.6) Site Address: Glen Moar Tea Room Cottages 1 & 2 Glen Helen Road Laurel Bank St Johns Isle Of Man IM4 3NN Principal Planner: Miss S E Corlett Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 19.10.2020 _________________________________________________________________

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

N 1. This approval only relates to a change of use for those properties included within the redline boundary as shown on the site plan 20/15/01 (date stamped as having been received 17.08.20)

Reason: for the avoidance of doubt, as the supporting documents appear to show alterations to the previously approved garage door and internal space for the other properties within the blue line boundary, and these changes do not form part of the current application and so are not approved as part of this application.

This application has been recommended for approval for the following reason. There is no demonstrable harm arising from the proposal and, in view of the provisions of Paragraph 9.5.8 and Business Policy 13, the application is considered acceptable.

Plans/Drawings/Information; This decision relates to drawings 20/15/01 and 20/15/02 both received on 17th August, 2020. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site is part of the curtilage of Glen Moar which formerly accommodated a fuel filling station and tea rooms and a small shop, has accommodated a car sales outlet and presently has a mill which is undergoing renovation works (see Planning History) and a collection of cottages. The application concerns two of the cottages which abut the highway (the A3 TT Course), the easternmost cottage attached to a further unit to the east and the westernmost one which faces south west towards where the fuel pumps once were.

2.0 THE PROPOSAL - 2.1 The current application proposes the additional use of the dwellings for tourist accommodation. No external alterations are proposed.

3.0 PLANNING POLICY - 3.1 The application site is in an area designated as not for a particular purpose, within an area of High Landscape Value or Coastal Value and Scenic Significance and within an area of plantation owned by the Isle of Man Forestry, Mines and Lands Board or the Government Property Trustees on the Town and Country Planning (Development Plan) Order 1982. There is therefore a presumption against development as set out in General Policy 3 and Environment Policies 1 and 2 which protect the countryside for its own sake and where the protection of the landscape is of particular importance. Given the nature of the proposal it is relevant to consider the following paragraph and policy from the Strategic Plan: - 3.2 Paragraph 9.5.8 states: "The use of existing private residential properties as tourist accommodation may be acceptable if it can be demonstrated that it will not compromise the amenities of any neighbouring residents." - 3.3 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."

4.0 PLANNING HISTORY - 4.1 Planning approval was granted for the conversion of the mill most recently under 19/01057/B and the tea rooms to dwellings under 15/01387/B.

5.0 REPRESENTATIONS - 5.1 Highway Services do not oppose (28.08.20).

6.0 ASSESSMENT - 6.1 The application seeks approval for the additional use of the residential units as tourist accommodation. The fundamental issues to consider in the assessment and determination of this planning application are the impact of the proposal on the living conditions of the immediate neighbours and the impact on local amenity. - 6.2 Although there is generally a view in favour of using residential properties for tourist accommodation as outlined in Business Policy 13, there can be times whereby this is opposed - PA 14/00194/C. There have been a small number of refusals given to applications looking to gain the same permission; the use of flats for tourist accommodation could potentially have a damaging effect on the amenities of others through the comings and goings of tourists in comparison to permanent residents, although most are granted approval there has been an instance of one refusal on appeal (14/01089/C). - 6.3 In terms of differentiating a tourist and a permanent resident it is often difficult to define how each would behave. As a tourist, a person may be out a lot of the time, but may also have a greater number of late nights and be disruptive on return. On the other hand, permanent residents may be at home more, and could be more likely to invite friends or family over for dinner or parties

• that may be noisy. In general the majority of people tend to behave well and raise no concerns, although there will always be a percentage that may not behave.
• 6.4 The dwelling is located within an area frequented by tourists - those visiting the TT Course, Glen Helen and the surrounding countryside with its footpaths. As such, the location of the premises is very suited to a tourist use.
• 6.5 It is considered the use of the existing residential dwellings as tourist accommodation would have a similar impact, whether they are used for tourist or permanent residential use and therefore would not have a significant impact upon the living conditions of the neighbouring units (the adjacent cottage and the converted mill, once complete). 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.

7.0 CONCLUSION - 7.1 It is considered that there is no demonstrable harm arising from the proposal and, in view of the provisions of Paragraph 9.5.8 and Business Policy 13, the application is recommended for approval.

8.0 INTERESTED PERSON STATUS - 8.1 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 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.

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 above 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 : 22.10.2020 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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