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Application No.: 16/01251/C Applicant: Mr James Bass Proposal: Additional use of residential dwelling as tourist living accommodation Site Address: Palm Villa 10 Harbour View Onchan Isle Of Man IM3 2AN Case Officer : Mr Chris Balmer Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site comprises the curtilage of Palm Villa, 10 Harbour View, Onchan which is a detached part single and part two storey dwelling located on the eastern side of Harbour View. The property has hardstanding fronting the dwelling which can accommodate two parked vehicles,
2.0 PROPOSAL - 2.1 The application seeks approval for additional use of part of the residential dwelling as tourist living accommodation. At lower ground level there is currently a bedroom, en-suite, utility room, all of which is located to the rear of the integral double garage. It is proposed to section of the existing dwelling would be used for tourist accommodation.
3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is located within a predominantly residential use under the Onchan Local Plan. - 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. 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:
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 The application site has been the subject of a previous planning application which is considered material to the assessment of this current planning application: - 4.2 Alterations, erection of extension and first floor extension to dwelling - 11/00123/B APPROVED
5.0 REPRESENTATIONS - 5.1 Onchan Commissioners (received on 30.11.2016) have recommended an approval subject to a condition that a typical condition relating to tourist use be attached. - 5.2 DOI Highway Services have no objection (received on 12.12.2014) and comment that the proposal is to use part of a residential dwelling as a self-contained tourist unit. There is adequate car parking on site. - 5.3 The owners/occupiers of 8 Harbour View object to the application (21.11.2016). They raise concerns of highway safety concern as children are able to play outside freely as the neighbours here are aware children play and having visitors to the site not use to the area driving in and out of the cul-de-sac will not enable children to play as they are able to at present; additional traffic would have a detriment of the residents who live here; and having strangers coming and going in which is
6.0 ASSESSMENT - 6.1 The key issues in the determination of this application are: 1) principle of development; 2) impact upon neighbouring amenities; 3) potential highway safety implications/parking provisions and 4) potential impact upon the amenities of the application property itself. PRINCIPLE OF DEVELOPMENT - 6.2 The site is within an area designated for residential use. Accordingly the principle of essentially using part of the dwelling as a self-catering tourist unit is acceptable. It should also be noted that under Permitted Development Order 2012 there is provision for persons to use up to three bedrooms within their property as guest accommodation without the need for planning approval. Whilst this current application differs given it is seeking to use part of the dwelling as a one bedroom self-catered tourist unit, it needs to be acknowledged that in terms of using a property for tourist purposes there are similar types of development which fall under the Permitted Development Order which could result in a similar impact. - 6.3 There is also general support for the use of whole private dwellings being used for tourist purposes as outline in Business Policy 13, the test being whether such use would not compromise the amenities of neighbouring residents.
6.4 Therefore, whilst the principle is potential acceptable for the above reasons, is not an automatic reason for approval, as the further issues within paragraph 6.1 need to be assessed. IMPACT UPON NEIGHBOURING AMENITIES - 6.5 Arguably the property most likely to be affected would be the occupants of Nr 11 Harbour View which is immediately to the south of the site and closest to the proposed unit. If it is understood correctly, persons utilising the tourist unit would walk down the side passageway and enter the existing side door to enter the unit, all of which are immediately adjacent to the boundary shared with Nr 11. - 6.6 Whilst the proposal would increase the level of persons visiting the site, it is not considered the level of person utilising this one bedroom unit would have such an impact to warrant a refusal. It is also noted that the gable wall of Nr 11 which directly faces the doorway and passageway has no windows within it, so this further reduces the potential for impacts to neighbouring amenities. POTENTIAL HIGHWAY SAFETY IMPLICATIONS/PARKING PROVISIONS - 6.7 In terms of parking, a total of three off road parking spaces are required to serve the existing dwelling and the proposed tourist unit. The property currently has a total of four off road parking spaces and therefore complies in this respect. A condition should be attached which requires the garage and front hardstanding to be kept clear and made available for parking of vehicles. - 6.8 Concerns have been raised by neighbours that person/s coming and going from the site would be unaware that the cul-de-sac is used by children for play. Whilst this may be the case, a highway's primary use is for vehicles to utilise, although this is not to say children playing in a quiet cul-de-sac are wrong or should be discounted, as highway safety for all users is important as stated in Transport Policy 6 of the Strategic Plan. In this regard Highway Services have considered this point and the neighbours' concerns and have not raised an objection to the proposal. Whilst the proposal will likely increase traffic generation to the site and the cul-de-sac, it is considered the level of traffic generated by a one bedroom tourist unit would likely have a significantly impact upon highway safety to warrant a refusal and the traffic generated would be unlikely to be noticeable. - 6.9 As mentioned the property could utilise three bedrooms on a B&B basis, which would likely increase persons coming and going from the site than the current single self-contained unit. POTENTIAL IMPACT UPON AMENITIES OF APPLICATION PROPERTY - 6.10 Consideration needs to be had in relation to whether the proposed tourist unit would impact upon residential amenities of the application dwelling. There would be significant concern if the unit was used as a permanent residential unit as there could be conflicts in terms of privacy and general disturbances by coming and goings of the occupants from the new residential unit (visitors, deliveries etc) more than a tourist unit. Therefore, it is not considered acceptable or appropriate to have a permanent residential unit on the site and should an application ever be made it is likely the Department could have concerns. Given this concern it is considered a condition should be attached to any approval which limits the number of days that occupants can use the units, in order to ensure that they are restricted to tourist use. - 6.11 However, given the proposal is for tourist purposes and the level of persons coming and goings is likely to be less and such person/s are more likely to be out of the property visiting the Island a lot of the time, compared to permanent residents who are more likely to be at home more; it is considered the impact to the occupants of the main dwelling house would not be so significant to warrant a refusal. Overall, it is potentially likely that its use as a permanent dwelling would raise fewer issues in terms of noise and disturbance than its use for tourist letting.
7.1 As such, the proposal is concluded to accord with the provisions of General Policy 2 and Business Policy 13 of the Isle of Man Strategic Plan 2016. It is recommended that the planning application be approved.
8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, 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.
8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: The owners/occupiers of 8 Harbour View, Onchan
Recommendation Recommended Decision: Permitted Date of Recommendation: 05.12.2016 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
This approval relates to the submitted documents and drawing all received on 8th November 2016.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 03.01.2017 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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