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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00087/C Applicant : Dr Sarah Whetstone Proposal : Additional use of the property for tourist accommodation Site Address : Croft End 2 The Crofts Castletown Isle Of Man IM9 1LY
Planning Officer: Mr Hamish Laird Photo Taken : 28.02.2024 Site Visit : 28.02.2024 Expected Decision Level :
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 03.04.2024 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason. The proposal is considered to comply with the relevant polices of the Isle of Man Strategic Plan 2016 and there is no demonstrable harm to the above outlined interests arising from the application. The living conditions of the neighbouring properties would not be made worse as a result of the proposal and as there are no physical works proposed. There would be no adverse impact on the character and appearance of the property within the street scene, or to the character and appearance of the surroundings and the Conservation Area. The application accords with the provisions of Environment Policy 10, 13, 22, and 23, Business Policy 13, General Policy 2 and Community Policies 7 and 11 of the Isle of Man Strategic Plan 2016, and is recommended for approval.
Plans/Drawings/Information; This approval relates to the plans, drawings, application forms and documents all date stamped and received 25 January, 2024.
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Interested Person Status - Additional Persons
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It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application having raised points related to planning; and, meet the requirement of being located within 20.0m of the site boundary. Consequently, they can take part in any subsequent proceedings and are mentioned in Article 4.2:
4 The Crofts, Castletown, Isle of Man, IM9 1LY Croft Beg, The Crofts, Castletown, Isle of Man, IM9 1LY
as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2021). __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site comprises a 2-storey, end-terrace, slate roofed, dwelling of white painted, rendered walls, with white painted, wooden sash windows set in reveals, and a recessed front door. It is set back from the roadway behind a small front garden which is bounded by railings atop a dwarf stone wall to the roadside boundary. It is attached to a stone built, light green painted, double-fronted, dwelling at No. 4 Queen Street.
1.2 To the north-west side, and set to the rear is a modern, painted render construction, single storey dwelling set back from the road with a plain gable wall facing the road. It is served by a dedicated vehicular access from The Crofts with a front garden area laid to grass containing trees and shrubs. The front garden is bounded by a Manx stone wall to the roadside boundary. Other residential dwellings on the opposite side of the street are similarly terraced, 2-storey dwellings and they too tend to have painted rendered front elevations facing onto the street. The surroundings are residential.
2.0 THE PROPOSAL 2.1 The proposal seeks planning approval for the additional use of the property as tourist accommodation in addition to its existing lawful residential use.
3.0 PLANNING HISTORY 3.1 20/01351/MCH - Minor changes application for PA 19/00091/B involving alteration to dormers to North West elevation - Permitted - 24.12.2020.
3.2 19/00092/CON - Registered Building consent for the demolition elements relating the application 19/00091/B - Permitted - 21.03.2019.
3.3 19/00091/B - Alterations, erection of a replacement rear extension, installation of dormer windows and replacement of an existing garage with a garden room (in association with 19/00092/CON) - Permitted - 21.03.2019.
3.4 16/00504/B - Installation of a replacement front door canopy - Permitted - 29.06.2016.
3.5 94/00819/B - External alterations, Croft End, The Crofts, Castletown - Permitted - 22.11.1994.
4.0 THE DEVELOPMENT PLAN 4.1 The site falls within an area zoned as 'Predominantly Residential' on the Area Plan for the South - Map 5 Castletown.
4.2 In terms of paragraphs and policies within the Strategic Plan, Business Policy 13 sets out a general presumption in support of private dwellings as tourist accommodation provided it does not compromise the amenity of the neighbours, Environment Policy 23 also addresses changes to
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neighbouring amenity as a result of development. Environment Policy 35 relates to development proposals within Conservation Areas. The general design standards set out in GP2 and the Residential Design Guide 2021 should also be taken into consideration along with Environment Policies 10 and 13, Community Policies 7 and 11 in respect of flood risk, minimising criminal activity and reducing spread of fire.
4.3 Environment Policy 35 reads:
"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 Castletown Town Commissioners - no comments had been received by the Report drafting stage (3/4/24).
5.2 Department of Infrastructure Highway Services (1/2/2024) - comments: "24/00087/C - After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking.
THIRD PARTY/NEIGHBOUR REPRESENTATIONS 5.3 Two letters of representation have been received from occupants of The Crofts, Castletown. Both raise objection to the proposals and are outlined as follows: Croft Beg, The Crofts, Castletown -
"The Croft properties are in a quiet, residential conservation area and dwellings are all owner occupied or on long leasehold arrangement. A change of use to tourist accommodation does not seem appropriate use for this property.
There are no other properties in the Crofts or Albert terrace which are designated tourist accommodation and approval of the application could be detrimental to the surrounding area and homeowners.
There is no need for tourist accommodation in this area of Castletown and there is much greater need for sale or long term rental. Relationship to site: Immediately adjacent to the site."
4 The Crofts, Castletown - I have received a copy of the notice for the above planning application and have a number of comments to make :-
It is unclear from the application exactly which part of the property is being covered in this application. It appears to be only part of the property initially but potential future use for the whole property. I believe further clarification is necessary.
Parking and access is restricted due to the shared nature of the area behind No.2 and No. 4 the Crofts. There is a restriction in the deeds of these properties prohibiting parking outside of the garages unless temporary for car washing.
We have accommodated breaches to these restrictions for a considerable period of time whilst building works have been undertaken on No2 .This has been a considerable inconvenience and restricted our access. We are not willing to allow this on an ongoing basis.
The application refers to 3 parking spaces belonging to No.2 .The double garage covers 2 spaces .In reality , we do not believe the garage is large enough to accommodate two cars .We also do not believe there is a third parking space allocated to No 2.
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The recent change of use of the second garage owned by No2 to a "garden room "has already reduced available parking for the owner.
In the event that the property was used for tourist purposes we would expect that the owner of No 2 be required to clearly highlight the parking restrictions when advertising the property. They should also be required to ensure compliance.
In conclusion, we believe that the lack of available parking available for No 2, together with the very tight access through the shared area needs to be carefully looked at when considering this change of use. We have been considerably inconvenienced for an extended period of time whilst building works have been taking place on No2 and would appreciate clear access to our parking spaces and garage on an ongoing basis.
REPRESENTATIONS ON BEHALF OF THE APPLICANT
5.5 "Please take into consideration my comments below on the representations made on this application.
With regards to the representation from the owner of Croft Beg, The Crofts, Castletown:
The Crofts is within the conservation area as are several other tourist accommodation sites, being close to the facilities most sort after by discerning tourists seeking value for money and high quality accommodation.
I intend to use Island Escapes to manage and service the property as and when required. They are a reputable business working closely with Visit Isle of Man to provide a high quality service to their clients. I believe this would enhance not detract from the area. The governments strategic plan notes; "visitors are demanding more in terms of quality and value for money as they look to maximise the overall experience."
Of Castletown they note; " Tourism is important to Castletown its National Heritage sites collectively make the town a tourist destination of high quality."
As such it can only benefit from high quality tourist accommodation. I believe that my property offers just this opportunity to help entice the visitor numbers the Isle of Man is seeking in its strategic planning.
With regard to the representation from the owners of No. 4, The Crofts
The application is for the site as shown in the Existing site plan and floor plans. The application is for additional use I.e. it will be from time to time Residential/ Home Office, Garden Room/ Tourist Accommodation as stated on the Application. I consider the opportunity for guests to request use of the Garden Room from time to time enhances the properties functionality. We are in an age when the ability to work remotely at any time is a normal requirement for many and often a requirement of the job. The Garden Room as part of the whole would offer this high quality flexibility to any member of the party requiring more peace and quiet.
Parking; The double garage has always been the only garage, taking 2 cars. A third parking space is also available adjacent to the garage, separate to the turning area. In the expert opinion of the Highways department they found ' the application has no significant impact on highway safety, network functionality and or parking.
It is disappointing for both parties that renovation works at No 2 and previously at No. 4 have caused difficulties during their protracted courses. I am sure that both parties are clear that no further works to either property will be required following practical completion of No. 2 in a few weeks’ time.
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Island Escapes are clear in all their property descriptions the requirements for parking. I am sure that a request for extra diligence on this point would be acted on as the owners of No. 4 have requested."
ASSESSMENT 6.1 The application seeks approval for the additional use of a residential property as tourist accommodation. No changes are proposed to the external appearance or internal layout of the property.
6.2 Environment Policy 35 sets out the requirements with regard to development within a Conservation Area. The policy states that development would only be permitted within a Conservation Area if the development would preserve or enhance the character or appearance of the area and the area is protected against inappropriate development.
Tourist use: 6.3 With regard to the additional use of a residential property as tourist accommodation, this can be generally to be supported so long as it does not compromise neighbouring amenity. However there have been a number of concerns raised to this proposal from the occupants of neighbouring properties where the majority appear "owner occupied". Although there is generally a view in favour of using domestic properties as tourist accommodation, there can be times whereby this is opposed and as evidence by the level of objection received from the neighbouring properties. 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.
6.4 In cases like this relating to properties which are within the settlement and in or close to the town centre, there is already a degree of activity in the area and it may be difficult to discriminate the behaviours between a tourist and a permanent resident or to differentiate the comings and goings of each minded that it may be no more apparent than those already living in the property and those in the nearby area. It may be that 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.
6.5 The applicant advises on the application forms that: "The site while being on the Crofts has a double garage and a parking space so no additional parking on The Crofts itself will be an issue. While I may offer the whole property for tourist use in the future, at present I will continue to use the Home Office to work from."
6.6 It is not expected that there will be any new or increased demands on parking between the existing residential use, or as a result of the proposed tourist use. There are bus stops located in the nearby area and public car parking as well as on-street parking nearby which could be used by the current occupants or by any anticipated tourists. The site is also within easy walking distance of Castletown Town Centre and tourist attractions such as the harbour and community facilities. The applicant has advised that bicycles can be stored either within the dwelling as currently occurs to in one of the two sheds located in the rear garden area. Apart from trailing a cable across the pavement from an open window, (which could be done without PP), the installation of an EV charging point to the outside of the property would most likely be harmful to the character and appearance of the CA. Neither of these aspects are considered to be determining factors in this case or supported.
6.7 This application is for the additional use for tourism and so the use can easily switch between the existing residential/office use and tourism. It is noted that although the nature of the tourist use might be slightly different from permanent residential accommodation, the use of
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the site for private rental accommodation would not require planning approval, and could result in frequent and continual turnover of residents. The property is also not sized to accommodate large numbers of guests. Therefore, on balance it is considered the use could have a similar impact, whether it is used for tourist or permanent residential use. Business policy 13 indicates that such a use will generally be acceptable providing that it does not compromise the amenities of neighbouring residents. Balancing the above narrative; the level of objection to of this proposal; and, the lack of any response from the Commissioners, this aspect is seen to be unlikely to have an unacceptably harmful impact upon the living conditions of occupants of the neighbouring properties and is considered to be acceptable.
CONCLUSION 7.1 CONCLUSION 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 to the above outlined interests arising from the application. The living conditions of the neighbouring properties would not be made worse as a result of the proposal and as there are no physical works proposed. There would be no adverse impact on the character and appearance of the property within the street scene, or to the character and appearance of the surroundings and the Conservation Area. The application accords with the provisions of Environment Policy 10, 13, 22, and 23, Business Policy 13, General Policy 2 and Community Policies 7 and 11 of the Isle of Man Strategic Plan 2016, and is recommended for approval.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. __
I can confirm that this decision has been made by the Acting Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
Decision Made : Permitted Date : 04.04.2024
Determining officer Signed : A MORGAN Abigail Morgan
Acting Head of Development Management
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