DEC Officer Report

Application No.: 18/00688/C Applicant: Ms Helen Latham Proposal: Alterations to approved application PA 15/01388/B including modification of window to Juliet Balcony, timber cladding to render and changes to front door (retrospective), and the additional use of dwelling as tourist accommodation Site Address: The Loft Rear Of 2 Victoria Road Port St. Mary Isle of Man IM9 5AF Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 26.03.2019 _________________________________________________________________

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.

• C 2. The ground floor garage must be available at all times to the occupant/s of the first floor apartment. The garage shall not be used for any purpose other than the parking of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety.

Plans/Drawings/Information:

This approval relates to drawing numbers 1510-008C, site location plan and 10 photographs all date stamped and received 28/06/2018, and additional email and photographs received on 18/02/2019.

_______________________________________________________________

Interested Person Status – Additional Persons

none _____________________________________________________________________________

Officer’s Report

1.0 SITE - 1.1 The application site is the extents of an existing two storey slate stone building located to the rear of Victoria Road in Port St Mary. The building has recently been subject to development work which was approved under PA 15/01388/B for the conversion of the workshop building into a ground floor garage with a residential flat above. - 1.2 The first floor living accommodation has 1 bedroom, 1 bathroom and open plan living and kitchen area. The ground floor garage is 7.2m x 6.13m and accessed by a 5m wide garage door directly from the lane. - 1.3 The building has been completed with a cement render finish around the first floor entrance instead of the approved timber cladding of PA 15/01388/B, an approved window on the elevation facing the lane has been installed as a Juliet balcony and the front door installed in a design with a solid base and glazing above. The original application was approved with two conditions for the installation of an obscure window on the south east elevation and the provision of the garage parking prior to the occupation of the dwelling. Both the garage and the obscure glazing have been installed and provided. - 1.4 The application site lies within the proposed Port St Mary Conservation Area.

2.0 PROPOSAL - 2.1 The current planning application seeks approval for the additional use of the property as tourist accommodation and also for the retrospective approval for the deviations of the original 2015 approval including the modification of a window to a Juliet balcony, the installation of cement render instead of timber cladding and changes to the design of the front door. - 2.2 There are no proposed changes to the existing parking arrangements.

- 3.0 PLANNING HISTORY

3.1 Aforementioned the most relevant application is PA 15/01388/B which was approved for the conversion of the building to a residential dwelling. This was approved subject to three conditions, the standards 4 year approval, the required installation of obscure glazing on the south-east first floor lounge window and the provision of the garage and its retention thereafter. - 3.2 "C2. Obscure glazing (Pilkington level 5 or equivalent) shall be installed in the southeastern elevation first floor lounge window and shall be retained as such thereafter.

Reason: To preserve the amenities of the occupants of the adjacent dwelling Nr 2 Victoria Road."

3.3 "C3. The development hereby approved shall not be occupied until the garage works have been completed to provide the required parking for the occupant/s of the apartment in accordance with the approved plans. Such areas shall not be used for any purpose other than the parking of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety."

- 4.0 PLANNING POLICY

4.1 In terms of local plan policy, the application site is within an area recognised as residential under the Area Plan for the South 2013 and also within the proposed Conservation Area. The following policies of the Isle of Man Strategic Plan 2016 are considered relevant in the assessment of the proposed tourist use and the retrospective development works: - 4.2 Paragraph 9.5.8: "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: "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: "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."

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

5.1 Port St Mary Commissioners - defer (11/07/2018), no objections (09/08/2018) and no objections (14/03/219). - 5.2 The Department of Infrastructure Highway Services - do not oppose (03/08/2018) the application does not result in any changes to the existing parking or access arrangements and therefore no new highway issues expected.

- 6.0 ASSESSMENT

6.1 The application seeks approval for two elements, the additional use of a residential property to tourist accommodation and the retrospective approval or a number of development works which deviate from the originals 2015 application. The fundamental issues to consider are the impact of the proposal on the living conditions of the neighbours and the visual impact on the streetscene and proposed conservation area. TOURIST USE - 6.2 Although there is generally a view in favour of using domestic properties as 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 town centre properties like this, concern lies in the potential to cause disruptions to the immediate neighbouring properties. In terms of differentiating a tourist and a permanent resident it is 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 property is located in the centre of Port St Mary, additional comings and goings will be no more apparent than those already living in the property and nearby area. There is existing off road parking spaces available within the garage which will not change as a result of the development and which will help to keep the demand for on street parking and vehicle congestion on the adjacent highways to a minimum. The duplication of the garage conditions as per the PA 15/01388/B application will also ensure its availability for parking.
• 6.5 It is noted that although the nature of the use might be different from permanent residential accommodation, 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 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. DEVIATIONS FROM PA 15/01388/B
• 6.7 The applicant provided additional information for the as built finish of the property on 18/02/2019. The alterations included the modification of a window for a Juliet balcony, the finish of the entrance in a cement render rather than the approved timber cladding and the modification of the design of the front door. These alterations do not result in any adverse visual impacts of the overall appearance of the dwelling which remains largely as exposed stone and the finish in a cement render is in keeping with the immediate surroundings. The replacement of the window for a Juliet balcony is perhaps the most recognisable alteration from the streetscene although is not considered to result in any adverse visual impacts on the general appearance of the building or streetscene and is not considered to result in any new overlooking impacts above or beyond the previously approved window.

- 7.0 RECOMMENDATION

7.1 For these reasons the proposal is considered to comply with the relevant polices of the Isle of Man Strategic Plan 2016 and there is no demonstrable harm arising from the additional tourist use or from the retrospective alterations to the original approval of 15/01388/B. The living conditions of the neighbouring properties are to remain unaffected and there is to be an overall negligible impact on the proposed Conservation Area. The application is recommended for approval subject to the reiteration of the garage parking condition. - 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 Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 01.04.2019 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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