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The application site comprises a building and surrounding land located at Tholt y Will, Lezayre.
The planning application seeks approval for the change of use of the building from holiday apartments to a residential dwelling.
The application site, and building contained within it, has been the subject of a number of previous planning applications that have resulted in its use as five holiday apartments.
Lezayre Parish Commissioners recommend that the planning application be approved.
The Department of Transport Highways Division object to the planning application on the basis that the submitted planning application does not demonstrate the existence of three on-site car parking spaces.
The Department of Tourism and Leisure have expressed an interest in the planning application and advise that tourist registration finished on the 11th Feb 08 and has not been renewed.
The owner and/or occupant of Glebe Cottage, which is located in Maughold, express an interest in the planning application. They advise that their recollection is that the current was re-built after a fire and has been used as a house, a hotel, a pub and holiday flats.
In terms of land use designation, the application site is not designated for any site specific purpose under the 1982 Development Plan Order.
In terms of strategic plan policy, although the Isle of Man Strategic Plan contains policies identifying general planning considerations that are applicable to the assessment of a planning application it is considered that there are no specific policies within the plan that are material to the assessment of this current planning application.
The planning application seeks approval for the change of use of the building from holiday apartments to a residential dwelling. The applicant has stated that inherent problems with the wooden construction of the property have caused increasing difficulties with the operation and use of the building as five holiday apartments. This has lead to complaints from other residential properties within the surrounding area. Potential solutions to these problems are seen as not being commercially viable and the property is no longer registered as tourist accommodation with the Department of Tourism and Leisure.
In terms of the proposed use, the building is understood to have been originally built as a dwelling. As such the proposal seeks to return the use of the building back to its original use. The overall level of use, in terms of people and vehicles, would be reasonably expected to be reduced as a result of change from five holiday apartments to one residential dwelling. On that basis the impact of the change on the surrounding area is limited and it is arguable that the proposal represents the removal of a potential nuisance neighbour. The objection from the Department of Transport Highways Division is not sustainable, as a site visit shows that there is sufficient on-site car parking space within the application site.
It is recommended that the planning application be approved.
It is considered that the following parties that made representations to the planning application meet the criteria of Government Circular 1/06 and should be afforded interested party status:
Lezayre Parish Commissioners; The Department of Transport Highways Division; and The Department of Tourism and Leisure.
It is considered that the following parties that made representations to the planning application do not meet the criteria of Government Circular 1/06 and should not be afforded interested party status:
The owner and/or occupant of Glebe Cottage.
Recommendation
Recommended Decision: Permitted Date of Recommendation: 24.03.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal
C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal
C 1. The use must be taken up within four years of the date of this notice in order for this approval to remain valid after that time.
C 2. This approval relates to the property defined by the red line on the location plan date stamped the 10th February 2009.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer) Decision Made : Permitted Date : 26/3/09 Signed : Senior Planning Officer 24 March 2009 09/00194/C Page 2 of 2
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