Officer Report and Recommendation

Planning Officer Report And Recommendations {{table:19756}} {{table:19755}}

Officer's Report

The Application Site

1. The application site is the curtilage of a residential apartment within a complex of 62 apartments, which also incorporates an office unit and restaurant at ground floor level. Car parking is provided at basement level. The complex is sited between Tesco supermarket and North Quay, which the front elevation of the complex overlooks with Douglas Harbour beyond it.

The Proposal

1. The applicant seeks approval to use the application property for tourist use in addition to the existing permitted permanent residential use. The applicant has also submitted an application for the same proposal for neighbouring apartment unit number 29.

Planning History

1. The apartment complex – that the application site falls within – has been the subject of a number of previous planning applications, two of which are considered specifically material to the assessment of this current planning application:

10/01611/C - Additional use of residential apartment as tourist accommodation, Apartments 36 & 38 – Approved.

10/01610/C - Additional use of residential apartment as tourist accommodation, Apartments 1 - 5 – Approved.

Planning Policy

1. The application site falls within an area designated for Predominantly Residential Use in the Douglas (Central Area) Local Plan 1998. There are no policies within that accompanies the local plan, which are considered specifically material to the assessment of the planning application.

1. The Isle of Man Strategic Plan 2007 contains two policies that are 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:

• (g) does not affect adversely the amenity of local residents or the character of the locality".

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".

Representations

1. Douglas Borough Council has no objection to the proposal.
2. The Highways Division recommends approval as the proposal has no adverse traffic management, road safety or parking implications.

Assessment

1. This proposal does not involve any physical alterations and should be assessed upon its impact on the residential amenity of neighbouring properties. It should be noted that two previous applications for the same proposal within the same apartment complex were approved in 2010. From a wider perspective, given the large number of apartment units contained within the complex, it is considered the level of disturbance to occupants of the wider building will not be significant as the infrequent comings and goings by tourists is the type of activity generally experienced by people living in shared areas of residential accommodation. Subsequently, it is not considered this additional use of the application property would adversely affect neighbours' residential amenity, particularly as it is expected people living in shared living complexes would be expected to achieve a different standard of residential amenity than those living in detached or semi-detached dwellings. As such, it is considered that the proposal complies with the relevant provisions of General Policy 2 and Business Policy 13 in the Isle of Man Strategic Plan 2007 and therefore is considered acceptable.

Recommendation

1. It is recommended that the planning application be approved.

Party Status

1. It is considered that the following parties that made representations to the planning application should be afforded interested party status:

The local authority, Douglas Borough Council are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered "interested persons" and as such should be afforded party status.

1. It is considered that the following parties that made representations to the planning application should not be afforded interested party status:

The Highways Division is now part of the Department of Infrastructure of which the Planning Authority is part. As such, the Highways Division cannot be afforded 'party status' in its own right.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 11.06.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the additional use of apartment number 28 Quay West Apartments for tourist use, as shown in the Location Plan, Site Plan and floor layout, all received on 1st May, 2012.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 12.6.12

Determining officer (delete as appropriate)

Signed : _________________________ Anthony Holmes Senior Planning Officer

Signed : _________________________ Michael Gallagher Director of Planning and Building Control

Signed : _________________________ Sarah Corlett Senior Planning Officer

Signed : _________________________ Jennifer Chance Development Control Manager