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19/00922/C Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 19/00922/C Applicant : Mr Duncan Mackay Proposal : Additional use of residential flat as tourist living accommodation Site Address : Flat 1 Creg Malin View 6 Mount Morrison Peel Isle Of Man IM5 1PN
Planning Officer: Mr Paul Visigah Photo Taken : 03.09.2019 Site Visit : 03.09.2019 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 26.09.2019 __
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 the Location Plan, Site Plans, Building Plan and Photographs date stamped and received 19 August 2019. __
Interested Person Status - Additional Persons
None __
Officer’s Report
APPLICATION SITE 1.1 The application site is the residential curtilage of Flat 1, Creg Malin View, 6 Mount Morison which is part of a three-storey terrace property which overlooks the Peel Bay and backs onto a rear access which forms part of Mount Morison. The local tennis court, skate court, basketball courts, as well as the Bowling Green court occupies the land that sits about 40m below the application site and overlooking the bay.
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19/00922/C Page 2 of 4
1.2 The existing building comprises a number of apartments, however, only the ground floor flat is the subject to this application. This apartment has a lounge, two bedrooms, kitchen, and bathroom. There is a bay window on the front elevation of the property which has direct views to the sea. The rear access from the kitchen is directly linked to the two parking spaces at the drear of the dwelling. The front of the terrace also has parking spaces which serve the application site.
PROPOSAL 2.1 The current application proposes the additional use of the ground floor flat within the dwelling for tourist accommodation. There are no proposed alterations to the building or existing parking arrangements.
2.2 The property has three floors of accommodation with one means of pedestrian access at the front. The application dwelling, however, has a rear access which is through the kitchen and as such it is served by two pedestrian access points.
PLANNING POLICY 3.1 The application site is in an area designated as 'Residential' on the Peel Local Plan 1989 and the site is not within a Conservation Area. Given the nature of the proposal it is relevant to consider the following paragraph and policy from the Strategic Plan:
3.2 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."
3.3 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."
PLANNING HISTORY 4.1 The application site has been the subject of two previous planning applications, one of which is considered to relevant to the current application.
4.2 PA 02/02099/B for the Conversion of dwelling to three apartments. This application was approved via the Planning Committee in 2003 and allowed the conversion of the existing terrace building into three separate flats which the current application apartment is a part of.
REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
5.1 Department of Infrastructure (DOI) Highway Services although consulted on 28 August 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
5.2 DofE Tourism Division although consulted on 28 August 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
5.3 Peel Town Commissioners although consulted on 28 August 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.
ASSESSMENT
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19/00922/C Page 3 of 4
6.1 The application seeks approval for the additional use of a residential unit 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 apartments like this, concern lies in the potential to cause disruptions to the immediate and adjoining neighbouring properties. 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 an area frequented by tourists - due to the proximity of the area to tourist's sites such as the Peel Castle, the Harbour Marina, the Leece Museum, public houses as well as those using the beach. As such, the location of the premises is well suited to a tourist use.
6.5 It is considered that 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.
CONCLUSION 7.1 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, the application is recommended for approval.
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.
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19/00922/C Page 4 of 4
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: 26.09.2019
Determining officer
Signed : S CORLETT Sarah Corlett
Principal Planner
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