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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00864/C Applicant : Mr Paul Leneghan Proposal : Change of use of Queeyl Ushtey from ancillary accommodation and tourist accommodation to site managers accommodation; change of use of Pinfold Holiday Cottage from ancillary accommodation and holiday accommodation with individual lets not exceeding 4 weeks to ancillary accommodation and tourist accommodation with lets not exceeding 3 months and change of use of Cott Pundall from holiday accommodation with individual lets not exceeding 4 weeks to tourist accommodation with lets not exceeding 3 months Site Address : Pinfold Cottage Pinfold Hill Laxey Isle Of Man IM4 7HN
Case Officer : Miss Lucy Kinrade Photo Taken :
Site Visit : 31.10.2017 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 10.11.2017 __
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 accommodation above the garage 'Queeyl Ushtey' hereby approved may be used for tourist accommodation or as accommodation for staff employed in association with the facilities in the site defined in red on the approved drawings. For the avoidance of doubt, no approval is given for the use of the accommodation as a separate dwelling.
Reason: to reflect the nature of the application.
C 3. The accommodation 'Cott Pundail' hereby approved must be available from 01st April to 31st October of each year for tourist use not exceeding 4 weeks. Outside of these dates the unit may be used for tourist accommodation for individual lets not exceeding 3 months. For the avoidance of doubt, no approval is given for the use of the accommodation as a separate dwelling.
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Reason: to reflect the nature of the application.
C 4. The accommodation 'Pinfold Holiday Cottage' hereby approved must be available from 01st April to 31st October of each year for tourist use not exceeding 4 weeks. Outside of these dates the unit may be used for tourist accommodation for individual lets not exceeding 3 months. The accommodation Pinfold Holiday Cottage may also be used as ancillary accommodation to the main dwelling. For the avoidance of doubt, no approval is given for the use of the accommodation as a separate dwelling.
Reason: to reflect the nature of the application.
Plans/Drawings/Information;
This approval relates to Location Plan, supporting statement from the applicant, 7 x photographs and drawing numbers P.L 1, P.L 2, P.L 3, P.L4 and P.L 5 all date stamped and received 14/08/2017. __
Interested Person Status - Additional Persons
NONE __
Officer’s Report
THE APPLICATION SITE 1.1 The application site is the curtilage of Pinfold Cottage, Pinfold Hill, Laxey. It is a traditional Manx rendered cottage situated next to the bend at the bottom of Pinfold Hill. Within the grounds of the cottage are three individual units providing a mix of tourist and ancillary accommodation, each one has been subject to its own previously approved planning application and subject to relevant conditions restricting length of use.
1.2 The site has a frontage with Pinfold Hill from which it is accessed. Within the site is an area of off road parking which can accommodate up to 5 vehicles off the road.
PLANNING HISTORY 2.1 The application has been subject to a number of previous applications, the most relevant in the case of this application are:
2.2 PA 10/01135/C - Queeyl Ushtey - additional use of ancillary accommodation over garage for tourist use was approved subject to a condition that allows the use of the accommodation either for ancillary accommodation or tourist accommodation only.
2.2 PA 09/00903/B - Cott Pundail - erection of a two storey extension to provide holiday accommodation and a water wheel was approved subject to a condition allowing use only for holiday accommodation for individual lets not exceeding four weeks in duration. The condition also specifically stated that "no approval should hereby be conferred by this approval for the use of the new accommodation as a separate dwelling."
2.3 PA 08/01958/B - Pinfold Holiday Cottage - demolition of outbuilding and erection of replacement dwelling to provide tourist accommodation (comprising amendments to PA 07/01484/B) was approved subject to three conditions, the rebuilding of a boundary wall and no discharge of surface water in to main foul sewer. The most relevant condition in the case of this application stating the accommodation approved "must only be used as either a) holiday accommodation for individual lets not exceeding four weeks in duration; or b) accommodation
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ancillary to that of the existing dwelling." Similarly the condition also makes specific reference to no approval for the use of the new accommodation as a separate dwelling.
2.4 PA 07/01484/B - consent granted in 2007 for demolition of outbuilding and erection of replacement building to provide tourist accommodation.
2.5 PA 07/01486/B - Demolition of existing garage and erection of a replacement garage with ancillary accommodation above and alterations to garden to increase parking provision and formation of a turning area. This accommodation was the first of the approvals and formed ancillary accommodation to the main dwelling.
THE PROPOSAL 3.1 The application seeks planning consent for three elements, each relating to either the approved use of the units or the approved length of time each unit can be accommodated by tourists. These three elements are summarised as follows;
o The change of use of the existing garage accommodation Queeyl Ushtey to provide site managers accommodation and tourist accommodation; o The change of use of Pinfold Holiday Cottage to provide ancillary accommodation and tourist lets not exceeding 3 months, and o The change of use of Cott Pundail to provide ancillary accommodation and tourist lets not exceeding 3 months.
3.2 No other alterations are proposed.
PLANNING POLICY 4.1 The site is recognised as being within an area designated for residential use on the Lonan Map of the Laxey and Lonan Local Plan 2005. Given the nature of the proposals it is relevant to consider the following policies of the Isle of Man Strategic Plan 2016:
4.2 General Policy 2 states (in part):
'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; (e) does not affect adversely public views of the sea; (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; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them."
REPRESENTATIONS 5.1 Garff Commissioners have indicated no objections to the proposal (12/09/2017).
5.2 Highway Services do not oppose to the application stating that "the proposal is to change the use and length of letting times for a small holiday letting complex. There will be no additional parking requirements over those currently provided and no more traffic movements than if the units were let for the approved timescale." (15/09/2017).
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ASSESSMENT 6.1 The application seeks approval for three parts, whom has approved use of the anciliiary and tourist accommodation above the existing garage known as Queeyl Ushtey, the length of use of Pinfold Holiday Cottage to allow the existing tourist use to have lets not exceeding 3 months and the use of Cott Pundail to allow the existing tourist use to have lets not exceeding 3 months. In the case of each there are not external alterations to the units.
6.2 The fundamental tests of each is whether or not the proposed alteration to the use or length of time of the use materially effects the existing units or whether it impacts the amenities of the area.
6.3 The applicant explains in their supporting statement that the demand for tourist accommodation in winter months is low and impacts the viability of each unit. The need for a longer lets for up to 2 or 3 months from October through to April will allow for the use of the units in low season to accommodate temporary hospital staff, temporary staff on relocation or to provide new residents to the Island a temporary accommodation before finding a permanent residence. Such a use would help to ensure that the units can be occupied throughout both summer and winter seasons.
6.4 In addition to the increase of the time let of two of the units, the applicant also explains that the site will require the need for management on the site to help with the running of the business, the site manager being located in the existing Queeyl Ushtey unit.
THREE MONTH LET 6.5 The existing units allow for tourist lets up to 4 weeks all year round. It is not considered that the increase in let time to not exceed 3 months be unreasonable and that the use would not generate any significant impacts on the amenities or highways of the area above what is currently the case for any 4 week use. The tourist use of both Pinfold Holiday Cottage and Cott Pundail is considered acceptable for lets not exceeding 3 months.
6.6 Previous approvals for each of these units clearly indicate that neither unit would be suitable as a permanent residential unit. This remains the case for the assessment of this application. Neither unit (Pinfold Holiday Cottage and Cott Pundail) has suitable outlook to be considered suitable to occupy as a separate residential dwelling. It is felt necessary that a relevant condition be added to this effect.
SITE MANAGERS ACCOMODATION 6.7 Queeyl Ushtey was the first of the units to be approved as ancillary accommodation to the main dwelling house (PA 07/01486/B), with a further application being approved to allow the additional use for tourist accommodation (PA 10/01135/C). There were no time constraints added to the letting time for tourist use. The proposed use now is as a site manager's accommodation, this is considered ancillary to the running of the business rather than ancillary to the main dwellinghouse.
6.8 The proposed ancillary site manager's use is not so far removed from the existing ancillary use relative to the general comings and goings and to any traffic associated with the use. The unit is provided with sufficient amenity space both internally and externally and has sufficient area of parking both on and off street. The unit has a reasonable outlook and considered suitable for either tourist use or as a site managers accommodation for the assisting of the running of the business. Given the intensive nature of the site, this unit would not be considered acceptable for use as a seperate residential dwelling.
CONCLUSION 7.1 It is considered that the proposals raise no neighbour amenity concerns, and the local commissioners and highway services have no objections. The proposed uses are not so far
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removed from the existing approved uses to warrant a refusal. It is recommended that the application be approved with three conditions relative to the specific use of each unit.
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 a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted
Date: 23.11.2017
Determining officer
Signed : C BALMER
Chris Balmer
Senior Planning Officer
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