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Application No.: 09/02082/C Applicant: Falcons Nest Developments Ltd Proposal: Change of use of eight existing residential apartments to self contained tourist accommodation units Site Address: Falcons Nest Apartments Strand Road Port Erin Isle Of Man IM9 6HB --- ### Considerations Case Officer: Miss S E Corlett Photo Taken: - Site Visit: - Expected Decision Level: Planning Committee --- ### Written Representations --- ### Consultations Consultee: Highways Division Notes: Do not oppose, has no traffic management, parking or road safety implications. Consultee: Planning Secretary Notes: Consultee: Chief Environmental Health Officer Notes: Comments received. Consultee: Port Erin Commissioners Notes:** Defer until after 2nd February 2010 05.02.10 - Oppose ---
This application is recommended for consideration by the Planning Committee rather than under delegated powers as the application for the building itself was originally considered by the Planning Committee and in addition, there is an objection by the Local Authority and the application is being recommended for approval.
The site represents the curtilage of a block of eight apartments which is nearing completion but not yet occupied. The building sits to the east of Strand Road, between the stone railway shed, the former police station and the rear of 1-10, Glen View. The building is four storeys high with the top
level incorporated partially in the roofspace. The site accommodates thirty parking spaces associated with the hotel (Falcon's Nest - which is also owned by the applicant and is defined in blue). The units were proposed and approved (see below) all as affordable units and were intended to be allocated through the local authority as such.
The site lies within an area designated as Mixed Use on the draft Southern Area Plan published on 23rd October, 2009 and as Residential on the Port Erin Local Plan of 1990.
Planning permission was sought and granted for the development of eight affordable units under 07/2362 following permission which was granted in principle for the development of six dwellings with parking and garaging (PA 04/0870).
Proposed now is the use of the apartments as tourist units rather than permanent residential accommodation. The applicant states that there is a gap in the market for self-catering tourist accommodation and they wish to assist with the promotion and development of Port Erin as a tourist destination and partly to compensate for the loss of hotels which have recently been re-developed or which have extant planning permission for re-development for residential purposes.
Port Erin Commissioners object to the application, stating that the original application was approved on the basis that that application was promoted for affordable units and nothing has changed since then and they agree fully with the submission from the Estates and Housing Directorate.
Department of Transport Highways and Traffic Division indicate that they do not oppose the application.
The Department's Estates and Housing Directorate have not commented formally on the application but have sent copies of correspondence to the applicant, indicating disappointment that the scheme is not now being provided as affordable housing and referring to the amount of work undertaken by them and Port Erin Commissioners in trying to produce a scheme of affordable units. This correspondence was sent prior to the submission of this current planning application.
The area is identified as suitable for residential use on the extant Local Plan and as Mixed Use on the emerging Area Plan. The area is characterised by a variety of uses including retail, tourist accommodation and offices as well as residential use. The area is suitable for tourist accommodation, as is evidenced by the successful operation of the Falcon's Nest and the desire of these operators to extend the accommodation to this site. The proximity to the railway station will represent a feature of interest to visitors wishing to stay in the village as well as the proximity to local shops, public houses, access to the public transport network and in these respects the site is considered suitable for tourist accommodation. The building itself is generous in terms of its accommodation - the space standards for tourist accommodation are often lower than those for permanent accommodation and as the number of units is not to change from the scheme for permanent accommodation, the units will be relatively large for purposes of accommodation for visitors.
Whilst it is fully understandable that both the Estates and Housing Directorate and the local authority are disappointed at the lack of implementation of the affordable housing, there is no legislation or planning policy which states that affordable housing will take precedence over any other form of land use in an area where that alternative form of use would otherwise be acceptable. In this case, it is considered that both uses are equally acceptable. It is arguable that the site is slightly more suited to a tourist use, bearing in mind its proximity both to the steam railway and the beach - both significant tourist attractions, and also to the Falcon's Nest which happens to be where the overall tourist accommodation will be managed, along with the tourist accommodation and facilities available within
that hotel. It should be noted that the potential re-development site to the west - incorporating the former Trader Jack's shop and the shops and residential accommodation round about, which is also in the ownership of the applicant, would be equally suitable for tourist or affordable housing-related development.
Whilst it may be difficult to extricate the previous application from this current proposal, each application should be considered on its own merits, and simply because a previous scheme is considered preferable, it is not sufficient for an application to be refused simply because another scheme is considered better. An application must be unacceptable on policy grounds and in this case, it is not considered that the proposed development is unacceptable and as such it is recommended for approval.
As the approval of the use of these units for tourist accommodation would effectively not qualify for the requirement for affordable housing, under the terms of Housing Policy 5 and as such, it is important that the occupancy of the units is controlled such that they are used for the purposes for which they are hereby approved. As such, the conditions which were attached to the application for the creation of an aparthotel at Mount Murray in Santon, PA 09/00441/B should be applied to this development. In addition, given that the original approval was for affordable housing it is considered that should there be a subsequent change of use application from tourist use to general housing then Housing Policy 5 (provision of affordable housing) should apply. The applicant's should be made aware of this by letter and as a note to the permission.
The Department of Transport and the local authority are, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (c) and (d), considered "interested persons" and as such should be afforded party status.
Department of Local Government and the Environment Estates and Housing Directorate should not be afforded separate party status as they are part of the Department who will determine the planning application.
Recommendation Recommended Decision: Permitted Date of Recommendation: 10.02.2010 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
This permission relates to the use of the eight apartments as shown in drawings K206/P/10-01, K206/P/10-03, K206/P/10-05 and K206/P/10-07 all received on 21st December, 2009 as tourist accommodation.
26 February 2010
09/02082/C
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 3. The units may be used only as tourist accommodation where tourism is defined as set out below in accordance with the provisions of the Strategic Plan and for clarification may not be occupied as a person's main place of residence.
Tourism has been defined by the Tourism Society as "the temporary short term movement of people to destinations outside the places where they normally live and work and their activities during their stay at these destinations" and it covers a very wide range of activities and types of development. This may include travel and visits for business, professional and domestic purposes as well as for holidays and recreation.
C 4. The owner/operator shall maintain an up to date register of the names of all owners/occupiers of the individual units on the site and of their main home addresses and shall make this information available at all reasonable time to the Planning Authority.
N 1. In the event of a subsequent proposal to change the use of the property from tourist use to general housing a further planning permission will be required. In such circumstances it is advised that Policy 5 of the approved Strategic Plan (provision of affordable housing) will apply.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the Town and Country (Development Procedure) 2005
Decision Made : .......i..i..i.......i.......i..... Committee Meeting Date : 24.12.10.......
Signed :.......i..i..i..i..i....... Presenting Officer Further to the decision of the Committee an additional report/condition reason is required. Signing Officer to delete as appropriate
YES/NO
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