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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/01246/C Applicant : Sarah L Watterson Proposal : Additional use of dwelling as self-catering tourist accommodation Site Address : 88 Malew Street Castletown Isle Of Man IM9 1LS

Planning Officer: Miss Lucy Kinrade Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 15.01.2019 __

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.

Plans/Drawings/Information;

This approval relates to drawing numbers 07 0201 01, 07 0201 02, site location plan and additional building control and fire regulation documentation all date stamped and received 28/11/2018.

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Interested Person Status - Additional Persons

None __

Officer’s Report

1.0 APPLICATION SITE 1.1 The application site is the residential curtilage of 88 Malew Street, Castletown an existing mid terraced Manx Cottage located on the northern-eastern side of the road and near the centre of the town. The property like its immediate adjoining neighbours directly fronts the

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main street and has to the rear and area of private garden amenity space. The existing property has been extended to the rear under PA 07/00679/B and provides general living space at ground floor and three bedrooms at first floor. The existing dwelling does not have any designated or allocated off street parking and relies on on-street parking in the area.

2.0 PROPOSAL 2.1 The current application proposes the additional use of the dwelling for tourist accommodation. No external alterations are proposed.

3.0 PLANNING HISTORY 3.1 There have been a number of previous applications at the site; most relevant in this case would be 07/00679/B for Alterations and erection of extensions to rear approved in 2007.

4.0 PLANNING POLICY 4.1 The application site is in an area designated as 'mixed use' on the Area Plan for the South 2013 and also within the Castletown Conservation Area. Given the nature of the proposal it is relevant to consider the following paragraph and policy from the IOM Strategic Plan 2016 relating to tourist use along with EP 35 for development in Conservation Areas, and paragraph 6.6 from the Area Plan for the South 2013 which refers to mixed use designations:

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: "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."

4.4 Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

4.5 Paragraph 6.6 of the Area Plan for the South 2013 states:

"6.6 Encouragement of Sustainable Mixed Use Schemes 6.6.1 In order to achieve town and village centres which are attractive, viable and full of vitality it is essential to encourage a mix of different uses to locate within the Mixed Use areas. This will include elements of retail, office, light industrial, community facilities, leisure and tourism uses and residential as well as dedicated public spaces which will be a focus for community activity. Uses which are not compatible with residential developments will not be supported within the Mixed Uses areas. Generally there will be a presumption in favour of changes of use between the range of approved uses. Whilst planning approval may be required for some changes, this would normally be supported subject to the buildings being suitable for the new use."

5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 Castletown Commissioners - No comments received as of 15/01/2019

5.2 DOI Highway Services - No comments received as of 15/01/2019

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6.0 ASSESSMENT 6.1 The application seeks approval for the additional use of a residential property as tourist accommodation. The fundamental issues to consider in the assessment and determination of this planning application are the impact of the proposal on the living conditions of the immediate neighbours and the impact on local amenity.

6.2 Although there is generally a view in favour of using residential properties for tourist accommodation as outlined in Business Policy 13, there can be times whereby this is opposed. There have been a small number of refusals given to applications looking to gain the same permission; the use of flats for tourist accommodation could potentially have a damaging effect on the amenities of others through the comings and goings of tourists in comparison to permanent residents, although most are granted approval there has been an instance of one refusal - PA 04/00194/C.

6.3 In the case of terraced properties like this, concern lies in the potential to cause disruptions to the immediate and adjoining neighbours. In terms of differentiating a tourist and a permanent resident it is often difficult to define how each would behave. As a tourist, a person may be out a lot of the time, but may also have a greater number of late nights and be disruptive on return. On the other hand, permanent residents may be at home more, and could be more likely to invite friends or family over for dinner or parties that may be noisy. In general the majority of people tend to behave well and raise no concerns, although there will always be a percentage that may not behave.

6.4 The dwelling is located within part of the street which is predominantly comprised of residential properties where it is likely that the comings and goings of any expected tourists is likely to be no more apparent than those residents already living in the area of having friends or family visit. The property is modest and not sized to accommodate a large numbers of tourists or residents. The existing property has no off road parking serving the permanent residential use and the demand for parking by a tourist is not likely to be any different and therefore no new highways issues are expected as a result of the proposal.

6.5 It is considered the use of the existing residential dwelling as tourist accommodation would have a similar impact, whether it is used for tourist or permanent residential use and therefore would not have a significant impact upon the living conditions of the neighbouring properties. 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.

6.6 The proposal does not result in any changes to the external appearance of the property and as such the development is to preserve the character and appearance of the Conservation Area in line with EP 35.

7.0 CONCLUSION 7.1 In view of the lack of concern raised from neighbours, it is considered that there is no demonstrable harm arising from the proposal and, in view of the provisions of Paragraph 9.5.8 and Business Policy 13 along with the favourable support for tourist use within a designated mixed use area, that the application is recommended for approval.

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

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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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 22.01.2019

Determining officer

Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

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