Officer Report

Application No.: 15/00112/C Applicant: Mrs Margaret Thomas Proposal: Additional use of residential flat as tourist accommodation Site Address: Flat 2 Tynwald 7 Church Road Port Erin Isle Of Man IM9 6AH Case Officer : Miss Melissa McKnight Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of Flat 2 Tynwald, which is the a first floor apartment within a three storey end terraced building located on the northern side of Church Road in Port Erin.

- 2.0 THE PROPOSAL

2.0 The application seeks approval for the additional use of the apartment for tourist accommodation. - 3.0 PLANNING HISTORY

3.1 The application site has been the subject of three previous planning applications, two of which are considered materially relevant to the assessment of this current planning application given the level and nature of development proposed:

PA 01/02430/C: Change of use of former dentists to residential. This previous planning application was permitted.

PA 90/01099/A: Approval in Principle for change of use from 1st & 2nd floor flats to offices. This previous planning application was refused.

4.0 PLANNING POLICY

4.1 The application site is within an area zoned as Mixed Use under the Area Plan for the South 2013. The site also lies within the Proposed Port Erin Conservation Area.

4.2 In terms of strategic plan policy, the Isle of Man Planning Policy 2007 contains two policies that are considered materially relevant to the assessment of this current planning application: 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:

• a) is in accordance with the design brief in the Area Plan where there is such a brief;
• b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the space around them;
• c) does not affect adversely the character of the surrounding landscape or townscape;
• d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• e) does not affect adversely public views of the sea;
• f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• 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 adverse effect on road safety or traffic flows on the local highways;
• j) can be provided with all necessary services;
• k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• n) is designed having due regard to best practice in reducing energy consumption."

Business Policy 13 states: "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."

- 5.0 REPRESENTATIONS

5.1 Port Erin Commissioners support the planning application (18/02/2015). 6.0 ASSESSMENT

6.1 The planning application does not propose any external alterations or modifications and therefore it is imperative to assess the impacts of the proposal on the residential amenity of the local residents of neighbouring apartments and the impact of the use on the local area.

6.2 The Strategic Plan makes it clear that the use of private residential properties for tourist accommodation will generally be acceptable provided that it would not compromise the amenities of neighbouring properties. Whilst the application site is not a residential property, it is a residential unit and as such the same principle applies. It is also important to acknowledge that the ground floor unit has been used a self-contained unit for short and long term lets since 1965. - 6.3 The application site lies within an area zoned as mixed use and is adjoined and sits nearby other apartment buildings, businesses and retail units so there is already a certain level of comings and goings from the apartments and other properties along Church Road. The proposal is not considered to cause any significant harm to the residential amenity of the application site or any other neighbouring buildings through any more noise and disturbance than what most likely occurs at present in and around the area. - 6.4 Tourist movements can be very different to that of those residing in an apartment

• block on a permanent basis. With many shared living areas such as apartments, a different standard of residential amenity is expected than those living in a semi-detached or detached property and generally less privacy and more interaction with neighbours through the use of shared corridors and spaces.
• 6.5 One must not also disregard those who work shifts; the apartment could at one day become occupied by someone who works shifts where comings and goings may occur late at night and/or early hours of the morning.
• 6.6 Whilst there may be a change in occupancy on a more frequent basis than permanent residents, the proposal is for additional use as tourist not full tourist use and there may also be a change in permanent occupants as there would be tourists. It is not considered that tourists would treat the building any different than a resident in addition the apartments are accessed through a secure entrance and each individual apartment would also have secure locking. It is therefore not judged that security of the building and residents would be affected as any other property or apartment block.
• 6.7 The application site is located within the centre of Port Erin and is therefore in very close proximity to local amenities and is located close to bus routes and as such, the proposed additional use in this area is deemed acceptable with regards to tourist accessibility and use.
• 6.8 In terms of the impact of the proposal on parking, there is disc zone parking along Church Road and other nearby streets and there is also a car park located 45+ metres south east of the application site. The intended additional use of the apartment is not considered to have a significant impact upon the demand for parking within the locality.

- 7.0 RECOMMENDATION

7.1 Overall, it is concluded that the planning application accords to General Policy 2 and Business Policy 13 of the Isle of Man Strategic Plan 2007 and the planning application is recommended for approval. - 8.0 PARTY STATUS

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.

Recommendation Recommended Decision: Permitted Date of Recommendation:

02.03.2015

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

• N : Notes attached to conditions R : Reasons for refusal

O : Notes attached to refusals

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 Location Plan and REF: 2 both date stamped as received on 3rd February 2015.

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 : 03.03.2015 Determining officer (delete as appropriate)

Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed :…………………………………….. Michael Gallagher Director of Planning and Building Control Signed : Jennifer Chance Jennifer Chance Head of Development Management