Officer Planning Report

Planning Report And Recommendations {{table:479944}} ### Considerations {{table:479942}} ### Written Representations ### Consultations {{table:479943}}

Officer's Report

THE APPLICATION SITE AND PLANNING APPLICATION The application site comprises the curtilage of a semi-detached dwelling that is located on Old Laxey Hill in Laxey. The planning application seems approval for the change of use of the property to tourist accommodation. PLANNING HISTORY

The application site has not been the subject of any previous planning applications that are considered specifically material to the assessment of this current planning application.

REPRESENTATIONS Laxey Village Commissioners recommend that the planning application be approved. The Department of Transport Highways Division do not oppose the planning application. PLANNING POLICY

In terms of local plan policy, the application site is within an area recognised as being within predominantly residential use under the Laxey and Lonan Area Plan Order 2005. The application site is also within a Conservation Area. Policy L/CRB/PR/4 of the Laxey and Lonan Area Plan Order 2005 states:

"Where an area is designated as a Conservation Area, special attention must be paid during the consideration of all planning applications within the area, to the desirability of preserving or enhancing its character or appearance in accordance with the Town and Country Planning Act 1991 (12.(4)."

In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material 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 spaces 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 unacceptable 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."

Environment Policy 35 states: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development."

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."

Assessment

The planning application seems approval for the change of use of the property to tourist accommodation. As the proposal involves no physical alterations to the external appearance of the property the character and appearance of the Conservation Area is unaffected by the proposed change of use. In terms of the change of use, it is considered that the use of the property for tourist purposes would not cause undue harm to the amenity of the surrounding area. As such, the proposal accords with Business Policy 13 of the Isle of Man Strategic Plan 2007.

It is recommended that the planning application be approved.

Party Status

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:

Laxey Village Commissioners; and The Department of Transport Highways Division.

Recommendation

Recommended Decision: Permitted Date of Recommendation: 12.08.2009 Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval

N : Notes attached to conditions

R : Reasons for refusal

0 : Notes attached to refusals

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 drawing no. CAC1 date stamped the 26th June 2009.

C 3.

Between the 1st March and 1st October in any one year the property may be used as holiday accommodation for individual lets not exceeding four weeks in duration. Outside of this period longer lets are permissible.

I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : Signed : Senior Planning Officer