212998

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                                      24/91295/B                                     Page  1  of  10

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 24/91295/B Applicant : Miss Becki Gelling Proposal : Erection of two-storey extension to create two-bed first floor holiday accommodation; side extension to create internal staircase, change of use to provide commercial kitchen and change of use to provide front office or retail space. Site Address : Beach House Bay View Road Port St Mary Isle Of Man IM9 5AE

Planning Officer: Paul Visigah Photo Taken : 15.01.2015 Site Visit : 15.01.2015 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 06.03.2025 __

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.

C 2. The holiday/tourist accommodation hereby approved shall be used solely as temporary holiday letting accommodation and for no other purposes whatsoever including use as permanent residential units without the prior express grant of planning permission by the Department.

The unit shall not be occupied as a person's sole or main residence and the owner of the holiday/tourist accommodation shall maintain an up-to-date register of the name of each occupier of the holiday/tourist accommodation on the site, their length of stay and their main home address and shall make this information available at all reasonable times to the Department.

Reason: The Department has assessed the impact of the proposal on the basis of the specific use and the documents submitted.

C 3. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the buildings hereby approved shall be used only for the purpose hereby approved as shown on drawing Nr 04 REV P3, as tourist accommodation units (class 3.6), Office (Class 2.1), and Retail (class 1.1), and shall not be

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used for any other purpose without the express grant of planning approval from the Department.

Reason: To enable the Department to consider the implications of any subsequent change of use on the amenities of the area.

C 4. The holiday accommodation, commercial kitchen and front office/retail space hereby approved shall not be brought into use until details of refuse storage have been submitted to and approved in writing by the Department. The bin storage provision shall thereafter be retained solely for this purpose.

Reason: In the interests of the appearance of the development and of the amenities of the area.

C 5. Prior to the occupation or use of the development hereby approved, details of secure cycle storage shall be submitted to and approved in writing by the Department. The secure cycle storage shall be provided strictly in accordance with the details and thereafter retained as such.

Reason: to ensure this development complies with the energy efficiency requirements of the Strategic Plan and to future proof the development.

C 6. Prior to the occupation of the tourist unit approved as part of this application, the obscure glazed privacy screen shown on drawing No. 04 Rev P3, with a minimum height of 1.8m, shall be installed on the southeastern elevation of the balcony. The screen shall be permanently retained thereafter.

Reason: To safeguard the amenities of adjoining occupiers from overlooking and loss of privacy.

This application has been recommended for approval for the following reason. Overall, the proposal is considered to comply with General Policy 2, Strategic Policy 8, and Business Policy 1 of the Isle of Man Strategic Plan 2016, as well as the Area Plan for the South, as the proposal would not harm the use and enjoyment of the existing neighbouring properties or result in adverse visual impacts on the character of the site and surrounding street scene where it is situated. The parking and highway safety impacts are also considered to be acceptable and complaint with Transport Policy 7 of the Strategic Plan.

Plans/Drawings/Information; This decision relates to the following documents and plans:

o DWG 01 REV P2 Location Plan o DWG 02 REV P2 Site Plan o DWG 03 REV P2 Existing Plans and Elevations o DWG 04 REV P3 Proposed Plans and Elevations Received 24 February 2025;

o DRG 05 - Section Received 21 November 2024

and

o Materials Guide-Brochure o Planning Statement Received 14 November 2024

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Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal: o DOI Highways - No objections o Port St Mary Commissioners - No objections __

Officer’s Report

1.0 THE SITE 1.1 The site is the curtilage of an existing building 'Beach House' which is situated on the northeastern side of Bay View Road at the northwestern end. The building has to the southeast a residential property, Rose Cottage and to the Northwest is Manxonia House which has residential accommodation on the first floor. The site which is currently used for office purposes on the ground and first floors is physically attached to Manxonia House to the north.

1.2 The property is a two-storey building with steeply pitched roof, a shop front facing onto Bay View Road in the form of a single storey lean-to annex and a projecting bay on the side of the rear annex. There are windows on the side at both ground and first floor levels looking towards the side and rear of Rose Cottage. The site is L-shaped and wraps around the rear of Rose Cottage and May Cottage and to the rear of Overcliffe, which fronts onto The Promenade. The rear of the site abuts a lane which leads from Bay View Road to the town hall to the northeast.

1.3 The building and its attached neighbours are attractive stone-faced buildings which have two storey elements, roof accommodation and single storey annexes. The buildings attached to it are of a similar character and the whole ensemble has a school or church-like appearance. The front elevation of Manxonia House which forms part of the group bears a stone plaque that indicates that the building was built in 1880.

2.0 THE PROPOSAL 2.1 Planning approval is sought for erection of two-storey extension to create two-bed first floor holiday accommodation; side extension to create internal staircase, change of use to provide commercial kitchen and change of use to provide front office or retail space.

2.2 The proposed two storey extension would sit on the side of the existing rear office and would have a footprint measuring 2.7m x 4.8m. This extension would be 8.5m tall (matching existing rear section of main building), with eaves set at 5.1m. The pitch roof of the extension would be finished in slate tiles similar to existing roof finish, while the external walls would be finished in painted render similar to the finish of the rear of the building. All external doors and windows would be white UPVC units.

2.3 Also proposed are works to remove the roof over the covered walkway to the east elevation of the building, and the erection of a two-storey extension to provide a new internal staircase for the property. This extension would be 5.4m tall and the rear, and 2.7m tall in front, with its slating roof covered in slate tiles, although the 1.6m section at the rear would have a flat roof over. The external walls of the staircase would be finished in painted render. A Velux rooflight would be installed over the front roof plane of the staircase.

2.4 There would be internal alterations of the building to enable the building suit its new uses. The altered internal layout of the building will allow for an office/retail area at the front section of the building, a staff/office kitchen to the side, a store, WC, commercial kitchen and an enclosed porch with external door linked to the outdoor area to the rear, as well as a stairwell to serve the upper floor via the separate door to the side. A plant room would be created under the staircase with door to the rear yard. On the first floor, the new layout would provide for an apartment with two bedrooms, a bathroom, and an open plan

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kitchen/dining/lounge area. A new balcony with supports situated the adjoin site would provide an outdoor space at the rear with views over the outdoor sitting area and bay.

2.5 Additional works would include: 1. Erection of a first-floor balcony at the rear of the tourist unit. The balcony would measure 2.7m by 4.1m and would have glazed balconies to the side about 1.1m tall. The east elevation would have a 1.8m high obscure glazing. The balcony would have steel frames. 2. Removing the existing rear window on the ground floor north elevation and installing a new door to provide access to the outdoor siting area within the adjoining site which is defined by the blue line boundary. 3. Installation of a new oven extract flue to commercial kitchen regulations and Part J fan, with attenuators designed to achieve 30dB on the rear elevation of building. This flue will exit the building at a height of about 2.8m above the ground level and will be 4m tall from the protrusion point to its top (which would sit about 2.1m above the rear eaves, but about 1.2m below the roof ridge). 4. Replacing the existing porch timber fascia with white PVC fascia. 5. Replacement of the existing windows with new white UPVC units on the ground and first floor of the front elevation of the building. 6. Installation of four new solar panels on front roof plane. 7. Installing a new door to the stairway.

2.6 Following comments from the Planning Officer, the scheme has been amended to address concerns raised. The amendments are as follows: a. Reduction in the size of the proposed gable window. The large area of glazing on the east elevation of the first floor serving the tourist unit would be reduced to a smaller window. b. Removal of a non-existent bay window on the east elevation from the existing plans.

c. Adjustment of the redline boundary to include the balcony and clarify the relationship between the new commercial kitchen and the existing restaurant.

2.6.1 The applicants have also provided additional information to explain the relationship between Beach House, Maxonia House, and Overcliff by stating the following in letter received 27 January 2025: o They currently rent a unit at Balthane, which is used as a kitchen to produce homemade confectionery that is then transported via their own transport to the restaurant Kellas (Manxonia/Overcliffe). o It is intended to move the kitchen equipment to Beach House, Port St Mary, to be closer to the restaurant. o The additional Beach House commercial kitchen space will enable the provision of additional cooking facilities, should functions dictate, due to increased numbers. o The office spaces at Manxonia/Overcliffe currently have one very small space used as an office. o The intention is to either provide a larger office for the running of Kellas and the first- floor holiday let, or to rent it to a private third-party company. o This will bring in additional revenue and provide additional commercial office/retail space available to Port St Mary.

3.0 PLANNING POLICY 3.1 Site Specific 3.1.1 The site lies within an area of Mixed Use on the Area Plan for the South adopted in 2013, and it also lies within the Proposed Conservation Area. The site is not prone to flood risks.

3.2 Area: Area Plan for the South 2013. 3.2.1 The following parts of the Area Plan for the South are considered relevant: 1. Mixed Use Proposal 2 states:

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"Within the Port St Mary Mixed Use area alternative uses to retail use on the ground floor of units may be acceptable if such uses would add to the vitality and viability of the Village. Residential uses will not normally be accepted, subject to the circumstances and merits of such a use. Applications will be considered on their merits taking into account the proposed use, impact on adjacent properties and impact on the character and appearance of the area."

Paragraphs 6.6.1 and 6.6.2 of the Area Plan clarifies appropriate uses for the mixed-use area:

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 use 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."

6.6.2 Development within an area of Mixed Use (as designated on the Proposals Map/Inset Maps) or those sites proposed for Mixed Use (identified on the Maps as 'Proposed Mixed 76 Use') will comprise a mix of some or all of the following uses: residential; shops; financial and professional services; food and drink; research and development, light industry; hotels and hostels; hospitals, nursing homes and residential institutions; community uses; leisure; tourism and open space. For applications relating to sites proposed for Mixed Use, the mix and types of uses on the site will be determined on their merits in accordance with the Proposals in the Area Plan and the Isle of Man Strategic Plan Policies."

3.3 National: STRATEGIC PLAN (2016) 1. General Policy 2 - 'Development Control' considerations. 2. Strategic Policy 1 - Efficient use of land and resources. 3. Strategic Policy 3 - Development to safeguard character of existing towns and villages. 4. Strategic Policy 5 - Design and visual impact. 5. Strategic Policy 10 - development should promote integrated journeys, minimise car use and facilitate other modes of travel. 6. Environment Policy 42 - character and need to adhere to local distinctiveness. 7. Business Policy 1 - The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan. 8. Strategic Policy 8 - Supports tourist development which makes use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests, and where they enable enjoyment of our natural and man-made attractions. 9. Transport Policy 7 and Appendix A.7.6 - Parking Provisions. 10. Community Policy 7 - Designing out criminal and anti-social behaviour. 11. Community Policy 10 - Proper access for firefighting appliances 12. Community Policy 11 - Prevention for the outbreak and spread of fire.

4.0 OTHER MATERIAL CONSIDERATIONS 4.1 The Residential Design Guide (July 2021) 4.1.1 This document contains guidance in Sections 2.0 on sustainable construction, Section 3.1 on Local Distinctiveness, 4.0 on Householder Extensions, while Section 7.0 deals with Impact on Neighbouring Properties.

4.2 Isle of Man Visitor Economy Strategy 2022-2032 4.2.1 The Strategy's headline targets are to grow the annual visitor numbers to 500,000 by 2032 and increase the annual economic contribution of the Island's Visitor Economy to £520m. This will mean attracting an additional 170,500 visitors per year compared to 2019. The aim is

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to triple the holiday and short break market as well as grow all of the other visitor markets. Combined with an expected increase in average spending per visitor, driven by strong growth in longer staying and higher spending leisure markets, these visitor numbers should result in a more than doubling of annual visitor spending on the Island to £310m, which will support an increase in Visitor Economy jobs to 5,000 and generate an annual Exchequer benefit of £49m.

4.3 Policy on the Development of Non-Serviced Accommodation 2019. 4.3.1 This document is an offshoot of the Isle of Man Non-Serviced Accommodation Futures - Final Report (2017). It sets out governments priorities as it relates to tourism, provides a summary of the non-serviced study, whilst also outlining the current visitor economy strategy, in addition to articulating the Island Policy towards tourism development.

5.0 PLANNING HISTORY 5.1 The following previous planning applications are considered to be specifically material in the assessment of the current application.

PA 95/01284/B for Internal alterations and conversion from retail outlet to office accommodation, former Beach Shop. This was approved by the Planning Committee on 23 February 1996.

PA 10/01797/B for Alterations and erection of a two-storey extension to office (Approved). The proposal in terms of appearance is considerably similar to that initially proposed for the site. This scheme preceded the Residential Design Guide, and it was never implemented.

PA 18/00132/B for Removal of a chimney. This was refused for the following reason: "The chimney is considered to be an attractive, characterful feature the loss of which would cause substantial harm to the historic character and appearance of the building. The proposed works would not preserve the appearance of the dwelling and potential Conservation Area, and it is therefore conflicts with General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016."

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

6.1 DOI Highways Division has made the following comments on the application: o No objection as the site is in a sustainable location in Port St Mart Centre with parking available on-site and on-street, subject to a condition on secure cycle parking and bin storage details provided for the tourist accommodation and business before first occupation and retained thereafter (for accessible/sustainable travel reducing reliance on car parking, and bin storage amenity).

6.2 Port St Mary Commissioners have no objection to the application (19 December 2024).

6.3 No comments have been received from neighbouring properties.

7.0 ASSESSMENT 7.1 The fundamental issues to consider with the current application are: a. The principle of development, b. Potential visual impact upon the area, c. The potential impact upon neighbouring amenities, d. Potential impact upon highway safety and parking, and e. Potential amenities for future occupants

7.2 THE PRINCIPLE

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7.2.1 In assessing the principle of the proposed development, it is considered that the scheme has two main elements; converting the first floor of the property to a two-bedroom holiday accommodation and change of use of the ground floor officer space to provide commercial kitchen and change of use to provide front office or retail space.

7.2.2 Principle of the Tourist Use (BP 1, STP 8, Paragraph 8.12.1) 7.2.2.1 With regard to the principle of the proposed tourist use, it is considered that the dominant use of the immediate locality is for mixed use, such that the proposed tourist use would be compatible with the zoning of the area. It is also important to note that there is clear support for the use of existing built fabric of interest and quality for tourist use (Strategic Policy 8). Furthermore, Business Policy 1 seeks to support the growth of employment opportunities throughout the island, provided that the development proposals accord with the policies of this Plan, and it is not considered that the scheme as currently proposed would be at variance with the policies of the plan.

7.2.2.2 Further to the Strategic Plan policies, there is clear support for tourism uses within Mixed use of settlements in the south as Paragraphs 6.6.1 and 6.6.2 of the Area Plan clearly supports tourism development within mixed-use areas, emphasizing the importance of a diverse range of uses to create vibrant and viable town and village centres. These texts further note that tourism, along with retail, office, light industrial, community facilities, leisure, and residential uses, is encouraged to locate within these areas.

7.2.2.3 Likewise, the existing Tourism strategies and documents for the Island (mentioned in 4.2 and 4.3 strongly supports such tourism development by setting ambitious targets to grow the annual visitor numbers and increase the economic contribution of the Island's Visitor Economy. The focus is on attracting more visitors, particularly through expanding the holiday and short break market, as well as other visitor markets, which the current scheme aligns with. This growth is expected to drive higher spending per visitor, which will, in turn, support job creation and generate significant economic benefits. The strategy's direction aligns with the goal of fostering a robust tourism sector, emphasizing the importance of enhancing the visitor experience and infrastructure to accommodate increased tourism. Therefore, it is considered that the scheme as proposed aligns with the tourism strategies for the Island. Moreover, the site is within a sustainable area, situated close to shops, services and public transport links, as well as tourist sites along the promenade with easy links to other parts of the island.

7.2.2.4 The above arguments also apply to the change of the ground floor office area to commercial kitchen/retail and office space. This is hinged on the fact that these uses would align with the zoning of the site and area and would serve to promote the goals of Business Policy 1 to create new employment opportunities.

7.2.2.5 Additionally, the principle of extending the property would be acceptable as there is a general presumption in favour of extensions to existing property where such extensions would not have an adverse impact on either adjacent property or the surrounding area in general, and where these are not within Conservation Areas or form part of a registered building (Paragraph 8.12.1), as is the case with the current site.

7.3 Visual Impact (GP 2, STP 3b & EP 42) 7.3.1 With regard to the visual impact of the development, it is considered that the external alterations to the property would be in keeping with the design and appearance of the existing building. Whilst it is noted that the alteration to create the new stairway and additions to the bulk of the building at the rear will be particularly noticeable form the public through fare at the back, with views also obtainable from the beach, the change would respect the site and surroundings in terms of its siting, scale, form, and design, and would not have a detrimental impacts on the character of the existing dwelling or locality. This aspect is deemed to be an acceptable and complies with the aforementioned policies of the Strategic Plan.

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7.4 Potential impact upon neighbouring amenities 7.4.1 In terms of potential impacts on the neighbours, it is considered that the impacts in terms of potential overlooking would be greatly diminished over the existing in terms of relationship with Rose Cottage and May Cottage which sit adjacent the new window proposed to the southeast elevation of the property. The argument above is based on the following factors discussed below:

7.4.2 Firstly, whilst the new window would sit closer to the rear yard of these properties than the existing windows on this elevation, the overall window area would be significantly reduced from 4.38sqm to 1.98sqm (54.79 percent smaller than existing windows on this elevation).

7.4.3 Secondly, the proposed development for holiday accommodation on the first floor would have a reduced impact compared to its current use as office space, particularly concerning the views from the single window compared to the previous views from three windows. Holiday accommodation is likely to use the window less intensively, reducing potential visual intrusion and maintaining privacy for adjacent residents. Guests are expected to spend more time exploring the area rather than staying indoors, leading to less frequent use of the window and overall reduced impact on the surrounding area. While tourism use contributes to the local economy, it does so in a more dispersed manner, reducing the intensity of impact on the local area, given that it enhances community diversity without overwhelming residential neighbourhoods, making it a more suitable and less intrusive option compared to the consistent presence associated with office use.

7.4.4 In assessing the potential for overlooking from the proposed first-floor balcony, it is considered that any impact would be significantly diminished by the installation of the proposed 1.8m tall privacy screen. This screen would function as a barrier, preventing direct lines of sight into the neighbouring properties and ensuring that the privacy of adjacent residents is maintained. By obstructing views from the balcony, the privacy screen mitigates concerns related to visual intrusion and overlooking, creating a more private and secure environment for both the occupants of the holiday accommodation and the neighbouring properties.

7.4.5 Regarding noise issues or other matters related to increased occupancy, it is challenging to predict individual behaviour, whether the occupants are tourists or permanent residents. Tourists may be out frequently but could also have late nights and be disruptive upon return. Both tourists and residents might organize gatherings that extend into the night. However, given the size of the unit, any associated general disturbance is not expected to raise significant concerns. Therefore, it is unlikely that the proposed tourist use of the new apartment on the first floor would have significant adverse impacts on the living conditions of neighbouring properties.

7.5 Potential impact upon highway safety and parking (TP 7 and GP2) 7.5.1 In terms of potential impacts on parking, the property is provided with enough parking spaces for both the existing uses and proposed uses, ensuring that access to the parking provisions in the area are not adversely affected. Besides, there is a public car park within close proximity to the property which would be of use should the need arise. Consequently, the possibility of negative impacts on parking is minimal and considered acceptable. Therefore, it is considered that the proposed complies with the provisions within the strategic plan in Appendix 7 and Transport Policy 7.

7.5.2 It is also important to note that there are also local services and employment opportunities within close proximity to the site to encourage pedestrian movement amongst the above. As well, Highways have accessed the proposal and raise no objection to the proposal, subject to a condition on secure cycle parking and bin storage details provided for the tourist accommodation and business before first occupation and retained thereafter.

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7.5.3 Overall, given the issues highlighted above, it is considered that the proposal would not significantly affect on-street parking in the locality or highway safety and is compliant with the requirements of GP2 (h & i), and Transport Policy 7 of the Strategic Plan.

7.6 Adequacy of Amenity Provisions (GP2) 7.6.1 With regard to the amenity space provisions for the new tourist accommodation, it is considered that the lounge/kitchen, bedroom room, and bathroom are positioned such that they are afforded views out with clear and pleasant outlook. There is also provided adequate amount of space within the apartment suitable for the required number of occupants. Furthermore, there is ease of level access to good public open space that would provide an added degree of amenity provision in the area.

7.6 Other Matters 7.6.1 No new confined spaces with easy access to those outside the site would be created, which would serve as easy hideouts for criminal activity or antisocial behaviour. The proposal would also not alter access into the site for fire-fighting vehicles should they be required. As such, it is considered that these elements of the scheme align with the requirements of Community Policies 7 and 10.

7.6.2 No other concerns have been noted.

8.0 CONCLUSION 8.1 It is considered that there is no demonstrable harm arising from the proposal and the proposal would be compatible with the adjoining uses within the application site and locality. The application is, therefore, recommended for approval.

9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).

9.2 Article A10 sets out that the right to appeal is available to: o applicant (in all cases); o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required): o any appellant or potential appellant (which includes the applicant); o the Department of Environment, Food and Agriculture, the Department of Infrastructure, and the local authority for the area; o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and o in the case of a petition, a single representative.

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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, and/or rights to appeal.

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Decision Made : Permitted Date : 07.03.2025

Determining Officer Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.