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23/10077/AIR PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 23/10077/AIR Applicant : Delgatie Ltd Proposal : Information in relation to condition 26 for PA 20/01467/B for information on proposed booking system Site Address : Marine Biological Station Breakwater Road Port Erin Isle Of Man IM9 6JA

Planning Officer: Mr Paul Visigah

Recommended Decision: Permitted

Date of Recommendation: 15.09.2023

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

It is considered that the Agent's Covering Letter (dated 21 July 2023), satisfies condition 26 of the approval, although this condition will not be fully satisfied until such times as the works indicated on the document have been carried out in full and retained as such.

Plans/Drawings/Information; This decision relates to the Agent's Covering Letter to satisfy condition 26 (dated 21 July 2023). __

Officer’s Report

SATISFACTION OF CONDITIONS 26

DESCRIPTION 1.1 This approval was granted on the condition, inter alia, that:

C 26: Booking System No guest or customer of the aparthotel units may occupy any part of the accommodation for a period exceeding 28 days during the months of April and September (inclusive)

Furthermore, before the apart-hotel units are brought into use, a management plan detailing the booking system for the serviced apartments shall be submitted to and agreed in writing by the Department.

The plan shall include: o the maximum permitted stay in the serviced apartments,

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23/10077/AIR o a system for keeping a register of customer bookings and a means by which the Department can check the register to ensure that the maximum permitted stays are enforced.

These registers shall be kept for not less than two years form the date of the last entry and shall be made available to be inspected by the Department upon reasonable demand.

The units shall be operated in accordance with the approved management plan.

Reason: to ensure that the development is only used and occupied as short-let holiday accommodation during the holiday season and to maintain the availability of the units as short term holiday accommodation during holiday season.

2.0 PROPOSAL 2.1 The applicant has provided information to satisfy this condition: notably, o Agent's Covering Letter to satisfy condition 26 (dated 21 July 2023).

2.2 This document provides detail of:

a. The Condition that is being satisfied; b. The specific type of software package that would be used to manage the booking system, an example being 'supercontrol' on https://supercontrol.co.uk/; c. The types of information this system is able to store, such as: the making and management of the reservation by the customer, the establishment of costs for each unit of accommodation, the storing of information of customers and revenue management. d. They confirm that the system would: i. Record the full name of each guest, ii. Record the usual address of each guest, iii. Record the length and dates of each stay, and iv. Advise potential guests that the length of each stay may not exceed 28 days between April 1st and 30th September in any year and that the system will prevent guests making such a booking. e. They note that any personal information held would be subject to the operator's Data Protection Policy and personal or sensitive information is unlikely to be made available to any third parties. f. This document further states that non-personal information may be released on request, subject to prior agreement by IOM Government that any information will only be used for the purposes of ensuring that the planning conditions are being satisfied. Information is unlikely to be held for more than two years in the interests of the Data Protection Policy but will be retained for two years in accordance with the policy.

3.0 ASSESSMENT 3.1 Condition 26: Booking System

3.1.1 Department of Enterprise (Tourism Division) has provided a written statement via an email dated 14 September 2023 which confirms that they are content with the details provided to address condition 26. They note that the Channel Manager Super Control system is known to them as other accommodation providers do use this system and that more detail on the system can be found out using the link https://supercontrol.co.uk/category/knowledge-base.

3.1.2 They also note that the system is widely used. However, they state that the processing of personal information of guests is something that would need to be checked

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23/10077/AIR with DPO (Data Protection Officers) as this is not the usual practice with accommodation providers.

3.1.3 They conclude by stating that the use 'Supercontrol' would address the requirements of the Planning condition.

3.1.4 The information submitted provides details of the maximum stay for each guest which is 28 days, details of the booking system that would be used to keep a register of customer bookings, and enable the Department check the register to ensure that the maximum permitted stays are enforced (which is Supercontrol), as well as an indication that these records could be kept for no more than 2 years (although subject to GDPR requirements).

3.1.5 Therefore, it is considered that the submitted details provided to address this condition are appropriate as they meet the requirements of this condition.

4.0 RECOMMENDATION 4.1 The Agent's Covering Letter and details contained within satisfy Condition 26, although this condition will not be fully satisfied until such times as the works indicated on the document have been carried out in full and retained as such.

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