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Case Officer: Mr Chris Balmer Photo Taken: Site Visit: Expected Decision Level: Officer Delegation
1.1 The application site accommodates Oirr-Ushtey, The Promenade, Laxey. It is a large period detached dwelling fronting the car park on the promenade. It has the appearance of several original dwellings converted into one and comprises both two and three storey elements.
1.2 The site forms part of a square of properties. To the west side of the site is Seabank, a detached three storey property. To the east side is The Pipe Factory, another detached three storey building. To the rear is another dwelling, Cushag, and its rear garden. There are further properties beyond Cushag to the north. To the south is the public car park.
2.1 The application seeks planning approval for the additional use of self-contained apartment as tourist accommodation. The additional use would be located within the current constructed third storey to the two storey part of the house so that it is all three storeys.
2.2 The changes are only in connection with the use of the currently constructed extension as an additional use as a tourist unit rather than a separate residential unit or as a granny flat/ancillary accommodation incidental to the main dwelling.
3.1 The previous planning applications are considered relevant in the assessment and determination of this application:
3.2 14/00101/B - consent granted in 2014 for alterations and erection of a second floor extension to create a self-contained apartment (amendment to PA 13/00617/B).
3.3 13/00617/B - consent granted in 2013 for alterations and erection of a second floor extension to dwelling (comprising amendments to PA 12/01413/B)
3.4 12/01413/B - consent granted in 2012 for alterations and erection of a second floor extension to dwelling.
3.5 11/00601/B - consent granted in 2011 for the erection of a replacement porch.
| Application No.: | 14/00644/C |
| Applicant: | Juan Andreays Kinnish |
| Proposal: | Additional use of self-contained apartment as tourist accommodation |
| Site Address: | Oirr-Ushtey |
| The Promenade | |
| Laxey | |
| Isle Of Man | |
| IM4 7DD |
3.6 06/01071/B - consent granted in 2006 for alterations and extensions to form additional living accommodation.
4.1 The Laxey and Lonan Area Plan 2005 identifies the area as being predominantly residential.
4.2 General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant:
'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:
4.3 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances:
5.1 Laxey Commissioners and the DOI Highway Services indicate that they do not oppose the application.
5.2 The Environmental Health Officer (DEFA) indicating the applicant is required to register the flat prior to occupation.
5.3 The owner/occupier of Seabank, The Promenade, Laxey has no objection to the proposal but has noted that from top of the rear external staircase persons could look into the
skylights of their shed which accommodates a toilet/sauna. They have discussed the matter with the applicant who has agreed to install opaque glazing into the skylights.
6.1 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 residential properties adjoin the existing dwelling given the existing buildings to the rear; However, it is not considered the use of this building for tourist accommodation would compromise the amenities of neighbouring residents.
6.4 It is considered the use of the existing residential dwelling for 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 residential amenities of the neighbouring property.
7.1 Overall, it is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007), and for the reasons set out in this report, it is recommended that the application be approved.
7.1 For these reasons the proposal is considered to comply with the relevant polices of the Strategic Plan and therefore recommended for an approval.
8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: the applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits.
8.2 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
The owner/occupier of Seabank, The Promenade, Laxey
8.3 In line with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
The Environmental Health Officer (DEFA)
Recommended Decision: Permitted
Date of Recommendation: 08.07.2014
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
This approval relates to Drawings reference JK1, JK2A, JK2B and 3 all received on 23rd May 2014.
I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer.
Decision Made : Permitted Date : 10/7/14
Signed : ... Chris Balmer Senior Planning Officer
Signed : ... Michael Gallagher Director of Planning and Building Control
Signed : ... Sennifer Chance Head of Development Management
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