1 February 2021 · Delegated - Principal Planner (Chris Balmer)
Elgin, Jacks Lane, Port E Vullen, Ramsey, Isle Of Man, IM7 1aw
The proposal involved changing the use of a rear extension, approved in 2013 for residential ancillary use only, at Elgin, Jacks Lane, Port E Vullen, Ramsey, into self-contained tourist accommodation (class 3.6) with internal alterations including a kitchen and new doorways.
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The officer determined that the proposal fails the 'redundancy test' required by multiple Strategic Plan policies, as no evidence was submitted demonstrating that the extension is no longer required f…
Strategic Policy 8
Requires tourist development to use existing built fabric of interest and quality without adversely affecting environmental, agricultural, or highway interests. The officer found the modern extension lacks such interest or quality, failing this test in a sensitive rural location.
Business Policy 11
Tourism development must align with countryside protection policies, with rural conversions permitted per Environment Policy 16. The proposal fails Environment Policy 16's redundancy and quality tests, breaching this policy's cross-reference.
Business Policy 12
Permits conversion of redundant rural buildings to tourist use if complying with Housing Policy 11 and Environment Policy 16. Fails due to non-redundancy and modern nature of the extension.
Business Policy 14
Rural tourism requires compliance with General Policy 3 and Business Policies 11/12. Non-compliance with referenced policies due to redundancy failure.
Environment Policy 16
Permits re-use of rural buildings if redundant, of historic/architectural/social interest, convertible without extension/adverse change, and without traffic/dispersal issues. Fails criteria (a)-(c) as extension is not redundant, not of interest, and requires alterations for self-containment.
Environment Policy 1
Protects countryside outside settlements/zones unless overriding need. Proposal adversely affects countryside without qualifying exception.
General Policy 3
Restricts development outside zoned areas except specific cases like redundant rural building conversions (Housing Policy 11). Extension does not qualify as redundant or of value.
Transport Policy 4
Requires highways to accommodate generated traffic safely. Highway Services confirmed no significant impacts.
After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking.
Douglas Borough Council has no objections to several applications including 23/01316/B but not the target 20/01316/B; DOI Highways Division does not oppose 20/01316/B with no conditions.
Department of Infrastructure (DOI) Highways Division
No ObjectionDo not oppose; After reviewing this Application, Highway Services find it to have no significant negative impact upon highway safety, network efficiency and /or parking.; DNO on 04.12.2020
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections.
The original application for conversion of a rear extension (approved in 2013 for residential use) from Class C3.3 to Class 3.6 tourist accommodation was refused due to non-compliance with countryside protection policies requiring redundancy of rural buildings. Appellants argued it complies with GP2 and BP13 as a change of use of private residential property, not a redundant rural building, with no neighbour amenity harm, highway support, and tourism benefits. The inspector agreed GP2 and BP13 were the most relevant policies, rejected the council's reliance on GP3/EP1/BP11/12/14/EP16 as this was not a redundant rural building conversion, found no amenity/highway harm, and noted tourism board support. The inspector recommended the appeal be allowed.
Precedent Value
Establishes that changes of use of existing residential extensions to holiday lets in rural areas should be assessed under GP2/BP13, not countryside conversion policies like EP16, provided no amenity harm. Future applicants should emphasise it's not a 'redundant rural building' and provide neighbour/highway confirmations.
Inspector: Anthony J Wharton BArch RIBA RIAS MRTPI