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Application No.: 16/00060/C Applicant: Mrs Dawn Elizabeth Quayle Proposal: Additional use of residential dwelling as tourist accommodation Site Address: Beachcomber's Cottage Marina Lane Port Erin Isle of Man IM9 6LB Case Officer : Mr Edmond Riley Photo Taken: 03.02.2016 Site Visit: 03.02.2016 Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of Beachcomber's Cottage, which is an existing two-storey dwelling set within a short terrace of buildings of very different architectural style and use on Marina Lane just east of its junction with Port Erin Promenade. The dwelling itself is one of a pair of identical dwellings of Victorian appearance, complete with double storey chamfered bay feature with an unusual towered roof above; dentil features and hood moulds are also present within the dashed render finish. - 1.2 At first floor, the dwelling has three bedrooms (one measuring just in excess of 4sqm) along with a bathroom, while below is an apparently completely open plan floor providing a sitting room, dining room and kitchen. - 1.3 Elsewhere within the terrace is a more modest dwelling in more square form to the west, while to the east is a garage and stores of a rather modernist form. Opposite are contemporary, two-storey dwellings. The lane is narrow and with the northern terrace sitting immediately adjacent the highway this could give a feeling of claustrophobia although the more recently constructed dwellings to the south are set back from the highway and result in a much more open streetscene than might otherwise be the case.
2.0 THE PROPOSAL - 2.1 Proposed is the additional use of the property as tourist accommodation in addition to the existing, residential use. No external changes are proposed to the building or its grounds.
3.0 PLANNING HISTORY - 3.1 Although the application site has not been the subject of any applications considered to be of material relevance to the determination of the current proposal, it is noted that a similar application was submitted at a property at the eastern end of Marina Lane (PA 99/00556/C) but withdrawn before a decision could be issued. - 3.2 There have been other applications of this kind in Port Erin in the recent past, though, and invariably these were approved. None can be found relating to terraced dwellings (with the exception of the also undetermined 16/00057/C at Station Road in Kirk Michael), though it is noted that such a proposal on a semi-detached dwelling in Ard Reayrt in Laxey was refused. In that instance (PA 96/01285/C), the Inspector was concerned that the nature (that is, its size) of the
3.5 The Inspector appears to have been persuaded that there was a clear element of community feeling within Empress Apartments. This, along with the level of concern demonstrated by the residents of the building and a lack of any supporting statement from the applicants, were such as to indicate that the proposal would cause demonstrable harm to the amenity of the residents of the building contrary to Business Policy 13. It is appropriate to conclude that this finding as a key material consideration in the assessment of applications for similar proposals in future, while also remembering the important principle that every application should be treated on its own merits. - 3.6 It is interesting to note that the Inspector recommended a pair of conditions (in addition to the standard condition requiring the use be begun within four years of the approval's issuance) should the Minister have been minded to approve the application:
"Reason: A 2-year trial period would provide useful evidence about the effect, if any, that the approved change of use has had on living conditions at Empress Apartments."
"Reason: To assist in the assessment of the effect, if any, that the approved change of use has had on living conditions at Empress Apartments."
4.1 The site lies within a much wider area zoned as predominantly residential on the Area Plan for the South; with this in mind, it is considered that paragraph 9.5.8 and Business Policy 13 of the Strategic Plan apply.
4.2 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." - 4.3 Business Policy 13 states in full: "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."
5.1 Highway Services of the Department of Infrastructure indicated the proposal has no highways implications on 10.02.2016, while Port Erin Commissioners resolved to support the application in comments received one week later. - 6.0 ASSESSMENT
6.1 Although the Strategic Plan establishes a general presumption in favour of proposals such as this, there are occasions where the change in nature and character of a building in the manner proposed can be found to be unacceptable.
6.2 In view of the Inspector's assessment of the proposal at Empress Apartments (paragraphs 33 to 3.6, above), it is reasonable to consider that the acceptability of the current proposal will turn on the level of concern raised. - 6.3 It is difficult to assess how an individual person would behave whether they be a tourist or permanent resident. As a tourist, a person may be out a lot of the time, but may also have greater late nights and be disruptive on return. On the other hand, permanent residents may be at home more of the time, but be more likely to invite friends or family over for dinner or parties that may be noisy. In general terms, however, the majority of people tend to behave well and raise no concerns, although there will always be a percentage that might not, whether they are a permanent resident or otherwise.
6.3 The dwelling is located in the middle of a terrace where additional comings and goings will be more apparent than if the dwelling were isolated, or otherwise more clearly distinct from other nearby residents. That being said, there is an independent access and parking area, in additional to private front and rear gardens and, while the nature of the use might be different from permanent residential accommodation, 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. - 6.4 In view of the limited concern raised with respect to the proposal, it is considered that there is no demonstrable harm arising from the proposal and, in view of the provisions of Business Policy 13, the application is therefore recommended for approval.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation Recommended Decision: Permitted Date of Recommendation: 25.02.2016 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.
The development hereby approved relates to the untitled Location Plan and the untitled Floor Plan, both date-stamped as having been received 21st January 2016.
I can confirm that this decision has been made by the Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 26.02.2016 Determining officer
Signed : M GALLAGHER Michael Gallagher Director of Planning and Building Control
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