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24/91288/C Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 24/91288/C Applicant : Elliam Limited Proposal : Conversion of a dwellinghouse into two flats with additional use of the first-floor flat as a tourist accommodation Site Address : 106 Summerhill Road Onchan Isle Of Man IM3 1NJ
Planning Officer: Peiran Shen Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 11.02.2025 __
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 approved first floor flat can only be used as tourist accommodation ancillary to the ground floor flat. The accommodation cannot be rented out or sold separately from the ground floor flat.
Reason: The first floor flat only has amenities as a tourist accommodation and not as a independent flat.
C 3. No occupier shall occupy the approved building for more than 31 continuous days.
Reason: the application is for a tourist accommodation and the condition ensure the use remain as a tourist accommodation.
This application has been recommended for approval for the following reason. The proposal is considered to have an acceptable impact on amenities or parking. It is considered to comply with General Policy 2, Housing Policy 17, Business Policy 13 and Transport Policy 7 of the Strategic Plan.
Plans/Drawings/Information; This approval relates to the documents, cover letter, a photo, location plan, site plan, existing floor plans, proposed floor plans, which all have been received on 13th November 2024.
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24/91288/C Page 2 of 4
Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: Onchan District Commissioner - No objection DoI Highway Services - No objection __
Officer’s Report
1.0 THE SITE 1.1 The application site is 106 Summerhill Road, Onchan, a two-storey semi-detached house located on the southeast of Summerhill Road. The building has a two-storey rear extension.
2.0 THE PROPOSAL 2.1 The proposal is to convert the building into two flats, one on each floor. The proposal also includes using the first-floor flat as tourist accommodation. The applicant will use the ground floor flat. The first-floor flat has no direct access to the rear of the site.
2.2 The ground-floor flat has a bedroom in the front and a lounge at the rear. It also has a kitchen and a bathroom in the rear extension. The first-floor flat has two bedrooms in the front and a kitchen/living room at the rear. There is a bathroom in the rear extension.
3.0 Planning History 3.1 There is no previous application considered materially relevant to this application
4.0 Planning Policy Site Specific 4.1 The site is within an area designated as Predominantly Residential in the Area Plan for the East.
Strategic Policy 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: o Strategic Policy 5 o General Policy 2 (b), (g), (h), (i), (m), (n) o Housing Policy 17 o Transport Policy 7 o Appendix 7.6 o Business Policy 13
PPS and NPD 4.3 No relevant Planning Policy Statement or National Policy Directive applies to this application.
5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance 5.1 There is no strategy or guidance materially relevant to this application.
6.0 REPRESENTATION 6.1 Onchan District Commissioners has no objection to this application (04.12.2024).
6.2 DoI Highway Services does not oppose this application (.2024). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking as the proposals would have a similar demand than the existing use of the floor, the site is in a sustainable local centre and there is parking available on-street adjacent to the site.
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24/91288/C Page 3 of 4
7.0 ASSESSMENT Elements of Assessment 7.1 The key considerations in determining this application are its principle, its impact on parking provision and the amenities of the neighbours.
Principle of the Flat Conversion 7.2 Both flats have a principal room overlooking the rear garden, which is considered a pleasant and clear outlook. While there is a lack of access to the rear garden, the proposed first-floor flat is mostly to facilitate the creation of a tourist accommodation and will be looked after by the ground floor flat. Therefore, the requirement on bin storage and garden space can be eased, with a condition confirming the flats cannot be sold separately from the each other.
7.3 While bin collection can be provided by the management flat rather than directly disposed of by the flat/tourist accommodation occupiers, as long as the management flat exists, it is not considered that refuse disposal would create an issue. Even if the management flat is sold individually later, having a bin store at the front of the property is regulated by Onchan District Commissioners and is therefore not regulated by planning.
7.4 In terms of the garden space, the first floor tourist accommodation has the access to the front garden, which should be sufficient for a tourist accommodation.
Parking Provision 7.5 The existing house requires two parking spaces. The ground-floor flat has one bedroom, and the first-floor flat has two bedrooms. Therefore, the proposal requires three parking spaces, one more space than the existing one. The additional requirement for one on- street parking space is not considered to harm the parking provision of the area.
Neighbouring Amenities 7.6 The two residential units created by the flats are not considered to harm neighbouring amenities.
7.7 Assessing how an individual would behave as a tourist or a resident isn't easy. As a tourist, a person may be out often, have more late nights, or be disruptive on return. In the meantime, both tourists and permanent residents have incentives for organising gatherings, which can easily be carried out till late at night. In general terms, however, most people behave well and raise no concerns. Therefore, it is unlikely that this change of use would significantly impact the neighbouring properties' living conditions.
8.0 CONCLUSION 8.1 The proposal is considered to have an acceptable impact on amenities or parking. It is considered to comply with General Policy 2, Housing Policy 17, Business Policy 13 and Transport Policy 7 of the Strategic Plan. Therefore, it is recommended for an 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.
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24/91288/C Page 4 of 4
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 a Principal Planner 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.
Decision Made : Permitted
Date: 12.02.2025
Determining Officer
Signed : C BALMER
Chris Balmer
Principal Planner
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