Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 24/91423/C Applicant: Mr Neil Philip Ward Proposal: Additional use of residential property as tourist accommodation Site Address: Bay View House Victoria Square Port Erin Isle Of Man IM9 6WD Senior Planning Officer: Jason Singleton Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.03.2025 _________________________________________________________________

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.

This application has been recommended for approval for the following reason. The proposal would comply with Strategic Policy 8, General Policy 2 and Business Policy 13 of the Strategic Plan 2016 and is recommended for approval.

Plans/Drawings/Information; This decision relates to drawings and supporting information received on 15th January 2025

_________________________________________________________________ Right to Appeal It is recommended that the following should NOT be given the Right to Appeal: Highways Services - No Objection Port Erin Commissioners - No Objection

_________________________________________________________________ Officer’s Report

1.0 THE SITE - 1.1 The application site identified in red is a residential dwelling that sits on the corner of Victoria Square. The property is characterised as a Victorian town house featuring a two story

semi -detached with accommodation in the roof space and fronts onto Victoria Square. The immediate area and buildings are mainly used for residential accommodation.

2.0 THE PROPOSAL - 2.1 Proposed is the change of use from residential to tourist accommodation. There are no physical or external works proposed as part of this application. Internally there is some alterations of the internal space.

3.0 PLANNING HISTORY - 3.1 05/92246/B - Installation of uPVC windows to replace existing wooden sash windows. Approved.

4.0 PLANNING POLICY - 4.1 The site lies within an area zoned as 'Predominately Residential' on Map 7 of the Area Plan for the South. The site is not within a conservation area or within an identified flood risk area on the DoI flood risk maps and there are no registered trees / tree areas identified on / adjacent to the application site. - 4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;

Strategic Policy 8 - Reuse of quality buildings for Tourism General Policy 2 General Development Considerations Business Policy 13 Use of private residential properties as tourist accommodation

4.3 Paragraph 9.5.8 states: "The use of existing private residential properties as tourist accommodation may be acceptable if it can be demonstrated that it will not compromise the amenities of any neighbouring residents."

5.0 REPRESENTATIONS - 5.1 Port Erin Commissioners commented (13.02.2025); "The Board of Port Erin Commissioners considered the above application at its meeting held on Tuesday 11th February 2024 and resolved to support the proposal." - 5.2 DoI Highways Services (21/01/25) has no objection - "HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the proposed use would have a similar or less parking demand compared to existing". - 5.3 There has not been any neighbouring representations received at the time of writing.

6.0 ASSESSMENT The fundamental issues to consider in the assessment of this planning application are;

• I. Principle
• II. Visual Impact
• III. Neighbouring amenities
• IV. Highway Safety

• (i) Principle

6.1 The property is currently used as a residential property and the application will enable the owners to rent the property for tourist accommodation as one unit. The dwelling is within a

residential area and within the town of Port Erin with immediate access to the shops, beaches and public transport. As such the principle of development is considered acceptable as it is in accordance with the land use designation and further supported through Strategic Policy 8.

• (ii) Visual Impact

6.2 As the proposal does not intend to extend or add additional accommodation to the dwelling house but merely seek the additional use of the existing fabric of the building with some internal modifications to re-arrange the internal layout. It is considered the proposal would have a neutral visual impact on the surrounding street scene. The use and frequency of use is discussed in detail below. The level of visual impact is deemed to be an acceptable in this instance and the additional use that complies with those sections of Strategic Policy 8 and General Policy 2(b) & (c).

• (iii) Neighbouring amenities

6.3 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. There are a number of residential properties in the area, and in terms of this building it would remain as one planning unit of accommodation featuring a ground floor with an open plan, lounge kitchen, diner and a separate utility and WC. The first and second floor will accommodate 6 bedrooms and four bathrooms to the upper floors. Parking will remain as is at the front of the property. - 6.4 In terms of differentiating a tourist and a permanent resident it is often difficult to define how each would behave. 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. It should also be remembered that the use of the site for private rental accommodation would require no planning approval and could result in frequent and continual turnover of residents. - 6.5 In considering the proposal against Gp2g and BP13, there is little discernible difference between the use as residential and that of tourism. Furthermore it is not considered the proposed tourist use would be any different than that of a friend or family member occupying the unit, than a tourist use would be. In this case it is not considered there to be any adverse impact on the neighbouring residential amenity, as such this aspect complies with General Policy 2(g) and Business Policy 13. (v) HIGHWAY SAFETY - 6.6 The property does not supply on-site parking and as such the parking provided for the property would be on-street parking immediately to the front, which would be used irrespectively if the property was used as a permanent residential accommodation or tourist purposes. The additional use as tourist use would not result in any changes beyond current occupation, and it is noted highways services raise no objection either. Therefore the proposal is considered acceptable in these respects to General Policy 2(h&i).

7.0 CONCLUSION - 7.1 The application would not harm the use and enjoyment of neighbouring properties and would comply with Strategic Policy 8, General Policy 2 and Business Policy 13 of the Strategic Plan 2016 and is recommended for approval. 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: 11.03.2025 Determining Officer

Signed : C BALMER Chris Balmer Principal Planner

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