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24/00128/GB Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00128/GB Applicant : Mr Derek Brindley Proposal : Additional use of dwelling as self-catering tourist accommodation - RB 245 Site Address : Greystones Main Road Kirk Michael Isle Of Man IM6 1ER
Planning Officer: Mrs Vanessa Porter Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 04.03.2024 __
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 Policy RB/4 and there is no demonstrable harm arising from the application. The living conditions of the neighbouring properties are not to be made worse as a result of the proposal and there is to be no impact on the fabric of the Registered Building nor the designated Conservation Area
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 5th February 2024: o Location Plan o Ground Floor Plan o First Floor Plan __
Interested Person Status - Additional Persons
None
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24/00128/GB Page 2 of 5
Officer’s Report
APPLICATION SITE 1.1 The application site is within the curtilage of Greystones, Main Road, Kirk Michael which is a traditional detached cottage situated to the East of Main Road.
1.2 The property is Registered under RB No.245, with the Registered Building Confirmation stating, "The most significant feature of Greystones is the Manx slate roof, from which the property may have been given its name. The Manx slate roof is an extremely rare survival and Greystones is the only property in the village with this feature."
PROPOSAL 2.1 The current planning application seeks approval for the additional use of the property as tourist accommodation.
2.2 There are no physical works proposed.
PLANNING HISTORY 3.1 The following are previous applications upon the site; PA11/00472/CON - Registered Building consent for refurbishment and extension to dwelling (in association with 11/00470/GB) (Amendment to 10/00636/CON) Registered Building Nos. 245 - PERMITTED PA11/00470/GB - Refurbishment and extension to dwelling (in association with 11/00472/CON) (Amendment to 10/00635/GB) - PERMITTED PA10/00636/CON - Registered Building Consent for refurbishment and extension to dwelling (RB no 245 in association with 10/00635GB) - PERMITTED PA10/00635/GB - Refurbishment and extension to dwelling (in association with 10/00636CON)
PLANNING POLICY 4.1 In terms of local plan policy, the application site is within an area recognised as "Predominantly Residential/ Retail," on the Kirk Michael Local Plan 1994. The site is within a Flood Risk Zone, a Conservation Area and is a Registered Building, RB245.
4.2 Given that the property is situated within a Conservation Area and is a Registered Building, Policy RB/4 which seeks that a change of use of a registered building is compatible with the fabric, interior and setting of the building, of Planning Policy Statement 1/01 is the most relevant in the assessment of this application in connection with Environment Policy 33 which seeks the same as above.
4.3 This is then followed by Section 18(4) of the Town and Country Planning Act (1999) and by paragraph 7.29.2 in connection with Environment Policy 35 of the Isle of Man Strategic Plan, which set out development in Conservation Areas will only be permitted where they preserve or enhance the character and appearance of the area.
4.4 Lastly due to the proposal General Policy 2, Strategic Policy 8, Environment Policy 22, Business Policies 11 and 13 from the Isle of Man Strategic Plan 2016 which set out the general standards towards acceptable development, the acceptability of tourist development provided it does not adversely affect the surrounding area and where neighbouring amenity is not compromised, are also relevant to the assessment of this application and Environment Policy 10 which seeks that any sites within a Flood Risk Zone are accompanied by a Flood Risk Assessment.
REPRESENTATIONS 5.1 The following representations can be found in full online;
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24/00128/GB Page 3 of 5
5.2 Highway Services have considered the proposal and state, After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking. The Applicant should consider secure cycle parking and a EV charging point to aid Net Zero ambitions. (09.02.24)
5.3 No comments have been received from Michael Commissioners at the time of writing this report.
ASSESSMENT 6.1 The main issues to consider in the assessment of this planning application are:
6.2 PRINCIPLE 6.2.1 Due to the proposal being a Registered Building (RB245) it is necessary to make sure that the proposal will not be in conflict with this. Firstly there are proposed no alterations with this proposal, as such there is no impact on this matter. Turning towards the change of use itself and the impact in which this could have on the Registered Building.
6.2.2 Generally holiday accommodation is required to be of a suitable standard to be rented out, as such there is a likelihood that having an additional use to rent out the property to tourists will assist in the fabric of the property being maintained quicker than it would have been if the property were still a dwelling.
6.2.3 With the above in mind the proposed works will comply with Policy RB/4 and Environment Policy 33.
6.3 SECTION 18(4) TEST 6.3.1 The property is situated within a Conservation Area, as such it is necessary to test the application under section 18(4) of the Town and Country Act (1999), see section 4.2 of this report, on whether the works preserve or enhance the Conservation Area.
6.3.2 As stated above, the proposed additional change of use does not include any external alterations. With this in mind and noting that the additional use of tourist should not alter the Conservation Area as a whole, the proposal will pass the Section 18(4) test by preserving the Conservation Area.
6.4 NEIGHBOURING AMENITY 6.4.1 It is difficult to assess how an individual person would behave whether they be a tourist or permanent resident. As a tourist, a person may be out a lot of the time, but may also have greater late nights and be disruptive on return. On the other hand, permanent residents may be at home more of the time, but be more likely to invite friends or family over for dinner or parties that may be noisy. In general terms, however, the majority of people tend to behave well and raise no concerns, although there will always be a percentage that might not, whether they are a permanent resident or otherwise.
6.4.2 Business Policy 13 indicates that 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.
6.4.3 The property is currently being used as a residential property of which the additional use of this application will enable the owners to part-rent the property for tourist accommodation. The dwelling is within a residential use and located very close to the main village. The site is therefore subject to a certain level of noise disturbance by dint of its location.
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24/00128/GB Page 4 of 5
6.4.4 It is considered therefore deemed 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.
6.4.5 The property provides one parking space which is situated to the South East of the site, whilst this is the case, the property is situated close to the main transport links and there is also a car parking, which is available 24/7 that is a close distance from the property.
6.4.6 The additional use as tourist use would not result in any changes beyond current occupation in terms of an increase in water usage, criminal activity nor increase the likely hood of spread of fire beyond the existing arrangement, and so the proposal is considered acceptable in these respects.
6.5 FLOOD RISK 6.5.1 Lastly turning towards Environment Policy 10 and whether the proposal requires a Flood Risk Assessment. As part of the application the floor plans have been provided, which show that the sleeping arrangements of the site are situated upstairs, with there being two separate entrances into the site, one from the front and one from the rear. With this in mind and noting that if there is to be any risk of flooding, the likelihood is that any occupiers whether tourist or not would be informed prior to, to make suitable arrangements, it is deemed in this case that a Flood Risk Assessment is not required.
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 Policy RB/4 and there is no demonstrable harm arising from the application. The living conditions of the neighbouring properties are not to be made worse as a result of the proposal and there is to be no impact on the fabric of the Registered Building nor the designated Conservation Area. The application is recommended for approval.
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.
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 above 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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status
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24/00128/GB Page 5 of 5
Decision Made : Permitted Date : 05.03.2024
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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