Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 25/90041/C Applicant: Ms Samantha Carroll Proposal: Additional use of integral accommodation wing for tourist use Site Address: The Old Parsonage St Judes Isle Of Man IM7 2EW Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 17.02.2025 _________________________________________________________________

Conditions and Notes for Approval

C : Conditions for approval N : Notes attached to conditions

• C 1. The development hereby approved shall be begun either before the expiration of four years from the date of this approval or before the expiration of two years from the date of approval of the last of the reserved matters.

Reason: To comply with article 26 of the Town and Country Planning (Development Procedure) Order 2019

• C 2. The integral two storey building hereby approved may be used only in association with the main dwelling house "The Old Parsonage" and for purposes incidental to the use of main dwelling house "The Old Parsonage" as a single dwelling or for tourist use and only in accordance with the internal layout shown on plan 2024-191-004 received on the 16.01.2025.

Reason: To safeguard the residential character and amenities of the area. Further, the site lies within an area not designated for development and the creation of a separate dwelling would be contrary to this. The application does not propose to create separate unit/s of accommodation within the site and has not been considered as such.

• C 3. The tourist accommodation element hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as a separate dwelling. The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.

Reason: To ensure that the development is only used and occupied as short let holiday accommodation and to prevent the creation of an unjustified separate dwelling in the countryside.

This application has been recommended for approval for the following reason.

It is considered the proposed additional use would have no significant impacts upon public or private amenities and would comply with the relevant IOM Strategic Policies and Government tourist/economic aims.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 16.01.2025.

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The application site forms the residential curtilage of The Old Parsonage, St. Judes, which is a large two storey detached property which is located on the northern side of the A13 road, and east of the St. Judes Crossroads.

2.0 THE PROPOSAL - 2.1 This application seeks approval for the additional use of integral accommodation wing for tourist use. - 2.2 The northern most section of the building is made up of a two storey attached building, which was originally an attached outbuilding which was then approved for a small business (office) to run from the site (previous owners). The proposal would be for this space to be used as tourist accommodation. - 2.3 The applicant's supporting statement indicates; "The proposal seeks to create a single tourist unit, accommodating 2-4 guests, by utilising the existing structure and layout. This additional use offers flexibility for the owner, allowing the space to be used for either tourists or family members as needed. The proposal ensures minimal environmental impact and supports the preservation of the main property's historical character."

3.0 PLANNING POLICY - 3.1 The application site is within an area recognised as being an area of 'woodland' under the adopted Isle of Man Development Plan Order 1982. The site is not within a Conservation Area; nor within an area zoned as High Landscape or Coastal Value and Scenic Significance. - 3.2 The following policy is considered relevant in the consideration of this application: - 3.3 Environment Policy 1 states: "The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an over-riding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative".

3.4 General Policy 2 states: "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:

• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;

• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways."

3.5 Environment Policy 16 states: "The use of existing rural buildings for new purposes such as tourist, or small-scale industrial/commercial use may be permitted where:

• a) it is demonstrated that the building is no longer required for its original purpose and where the building is substantially intact and structurally capable of renovation;
• b) the reuse of the building will result in the preservation of fabric which is of historic, architectural, or social interest or is otherwise of visual attraction;
• c) it is demonstrated that the building could accommodate the new use without requiring extension or adverse change to appearance or character;
• d) there would not be unacceptable implications in terms of traffic generation; a) conversion does not lead to dispersal of activity on such a scale as to prejudice the vitality and viability of existing town and village services; and

f) the use of existing buildings involves significant levels of redevelopment to accommodate the new use, the benefits secured by the proposal in terms of impact on the environment and the rural economy shall outweigh the continued impact of retaining the existing buildings on site. Proposals to convert rural buildings to residential accommodation will be considered along with the advice given at Section 8.10 of this document."

3.6 Business Policy 12 states: "Permission will generally be given for the conversion of redundant buildings in the countryside to tourist use providing that the development complies with the policies set out in paragraph 8.10. - Housing Policy 11. - 3.7 Business Policy 14 states: "Tourism development may be permitted in rural areas provided that it complies with the policies in the Plan. Farmhouse accommodation or quality self catering units in barn conversions and making use of rural activities will be encouraged but must comply with General Policy 3 and Business Policies 11 and 12. Other forms of quality accommodation in rural areas will be considered, including the provision of hostels and similar accommodation suitable for walkers but must comply with General Policy 3 and Business Policies 11 and 12." - 3.8 Class 3 of the Town and Country (Change of Use) (Development)(No.2) Order 2019; "Class 3 - Guest houses and taking in guests The change of use from a use falling within use classes 3.1 (Hotels and guest house), 3.3 (Dwellinghouses) or 3.5 (Houses in multiple occupation) to a use falling within 3.3 (Dwellinghouses), or a combined use as 3.1 and 3.3. Conditions

• 1 A change of use from use class 3.1 to 3.3 is not approved if the building in question is in an area which is not indicated in a development plan as an area of residential use or predominantly residential use.

• 2 The change of use to a combined use of use classes 3.1 and 3.3 is not approved if more than
• 3 bedrooms in the building may be used by guests."

3.9 The Visitor Economy Strategy for 2022-2032 - 3.10 The Isle of Man's Economic Strategy 2022-2032

- 4.0 PLANNING HISTORY

4.1 The application site has been the subject of the following previous planning applications which are considered materially relevant to the assessment of this application: - 4.2 Reserved Matters application for the conversion of existing barn into a storage and packing facility for a small business - 09/01406/REM - APPROVED - 4.3 Approval in principle for the conversion of existing barn into a storage and packing facility for a small business - 07/01622/A - APPROVED - 4.4 Two-storey extension to form additional living accommodation - 87/00686/B APPROVED

- 5.0 REPRESENTATIONS

5.1 The Highways Services of the Department of Infrastructure comments (27.01.2025); "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the existing access is acceptable for the proposals on this low flow 30mph speed limit section of adjacent road, and the site layout can accommodate both turning and parking for the existing and proposed uses. The Applicant should consider an EV charging space to aid Net Zero ambitions." - 6.0 ASSESSMENT

6.1 The key issues to considerer in the assessment of this planning application is the principle of tourist use; and potential impacts upon parking provision/highway safety. THE PRINCIPLE OF TOURIST USE

6.2 Concerns of such accommodation (i.e. ancillary/tourist accommodation) can cause concern that the unit could potentially be used totally independent from the main house for any provisions and could not be considered to be ancillary accommodation as proposed. If a building, or part of a building, contains sufficient facilities to be used in a self-contained manner then they are generally considered to be a separate planning unit, whether or not they are occupied by a relative of occupants of the primary property, or used by guests. - 6.3 There is some case law that has accepted fully self-contained accommodation as being ancillary to the principal residence, i.e. when they have been occupied by a dependant relative or disabled child, or even a staff, and certainly who pays the bills is a factor. However, in most cases the test of whether it is a separate planning unit rests upon its severability i.e. if the alleged ancillary use could practically and viably operate on its own were the primary use of the premises cease or cease to be in the ownership of the same person. - 6.4 In this case the unit is attached to the main dwelling and would share the same access, driveway and parking areas. Windows within the rear single storey element also have views over part of main garden of the main dwellinghouse. It does not have an internal link to the main dwelling, but as mention is attached to it and does have the appearance as being integral to the main dwelling The Old Parsonage. The accommodation within the units would provide a one bed room unit which is modest in size. - 6.5 The accommodation proposed is proposed to be used as tourist use. In relation to EP16 it is considered the proposal would meet the required criteria, namely is a building which

• is of historic, architectural, or social interest and has previously been converted to an office use and therefore is currently fully intact and appears structurally capable, being converted previously. No extensions or alterations are proposed by the application. Overall, it is considered the proposal would comply with EP16.
• 6.6 The proposal would provide a fairly modest one bed unit. Overall; given the above reasons indicated, the proposal subject to a condition attached to ensure the accommodation is only used incidental to the main house/tourist purposes, the proposal is acceptable. PARKING PROVISION
• 6.7 The proposal would likely generate a single parking space. The main dwelling would require two off road parking spaces. There is an existing parking spaces for all within the site.
• 6.8 Highway Services have considered the application and raised no objection in relation to parking provision and highway safety i.e. traffic generation and visibility from the existing shared access. It should be noted that the proposed use would likely have a reduce impact compared to the previous use of the building which was for running an office which include staff and delivery vans on a daily basis.

- 7.0 RECOMMENDATION

7.1 It is considered the proposed additional use would have no significant impacts upon public or private amenities and would comply with the relevant IOM Strategic policies and Government tourist/economic aims.

7.2 The application is recommended for an approval. - 8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE

8.1 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).

8.2 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.

8.3 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. - 8.4 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.

8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal.

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: 17.02.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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.