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20/01341/C Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 20/01341/C Applicant : Ms Michelle Garrod Proposal : Additional Use of residence as tourist accommodation Site Address : Harbour View 9 Traie Twoaie Ramsey Isle Of Man IM8 3DB
Senior Planning Officer: Mr Jason Singleton Photo Taken : Site Visit : 22.12.2020 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 21.01.2021 __
Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
This application has been recommended for approval for the following reason. The application would not harm the use and enjoyment of neighbouring properties and would comply with Strategic Policy 8, General Policy 2 and Business Policy 13 of the Strategic Plan 2016, and the Residential Design Guide 2019 and is recommended for approval.
Plans/Drawings/Information;
This approval relates to drawings and supporting information referenced; floor plans and elevations, site plan, submitted electronically and received on 25 November 2020.
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Interested Person Status - Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4): No.8 and 10 Traie Twoaie, North Shore Road whose properties phyically join the application site and they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2020).
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Officer’s Report
1.0 THE SITE 1.1 The application forms the residential curtilage of Harbour View, No.9 Traie Twoaie, Ramsey. The property is a mid-terrace in a block of 10 terraced dwellings located to the south east corner of the development site. The property is three stories high with an integrated garage and parking for two cars on the driveway to the front of the property.
2.0 THE PROPOSAL 2.1 Proposed is the change of use from a residential dwelling house to residential with the additional use of the property as self catering tourist accommodation. The submitted floor plans show a kitchen / dining, w/c, to the rear of the garage on the ground floor; lounge with balcony / terrace and ensuite bedroom to the first floor; three bedrooms and a bathroom to the second floor.
2.2 There are no material alterations to the property only the change of use.
2.3 The application is supported with a covering letter highlighting the previously owned and administered a 5 star gold standard bed and breakfast property in Laxey. As well as using the property for its intended purpose as a single family dwelling, they intend to vacate the property to allow it to be rented for overnight stays and vacations.
3.0 PLANNING POLICY 3.1 In terms of local plan policy the land is designated for 'light industrial' use in the Ramsey Local Plan (No.2) Order 1998. The supportive paragraphs in the plan refer to the site but are no longer valid since the site gained approval for residential use as noted in para 4.0. Given the nature of the proposed development it is appropriate to consider Strategic Policy 8, General Policy 2 and Business Policy 13 of the Strategic Plan 2016.
3.2 The Strategic Plan also contains the following which is considered relevant to this application: Paragraph 9.5.8 states, "The use of existing private residential properties as tourist accommodation may be acceptable if it can be demonstrated that it will not compromise the amenities of any neighbouring residents."
3.2 Other Material Considerations The Department has published the Residential Design Guidance (March 2019) which provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of any development on the living conditions of those in adjacent residential property.
4.0 PLANNING HISTORY 4.1 13/91461/B - Demolition of redundant gas works structures and erection of thirty dwellings with associated roads and parking and re-cladding of existing commercial building. Former Gas Works Site, North Shore Road. Ramsey. Approved.
5.0 REPRESENTATIONS (in brief, full reps can be read on line) 5.1 Ramsey Town Commissioners commented (18/12/20) with no objection.
5.2 Highways Services commented (18/12/20) with no objection.
5.3 10 Traie Twoaie commented on (04.01.21) to object; the close proximity of the properties means noise is very apparent and when the patio doors are open, you are able to hear your neighbour, equally when in the garden, the noise levels can transmit too as there is only a small wall between the properties. Because of this they feel the proposal is inappropriate and incompatible with self-catering tourist accommodation. People on holidays may not share the same understanding of noise and would be to our "No.10 Traie Twoaie"
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detriment. The owners would not be present during these times and unable to manage the guests expectations or levels of noise if this occurred, which is different to the previously operated bed and breakfast the applicants used to operate. They feel the uncertainty of not knowing who, or when the property would be occupied by tourist deprives them of their right to a peaceful enjoyment of their property which is an unacceptable position to be in. There are covenants in place on the properties and a hot-tub was recently installed in the back garden. N.B photos were also supplied showing the boundary between the properties and the mutual overlooking of the rear gardens.
5.4 9 Traie Twoaie commented on (04.01.21 / 05.01.21) to object; as there is a covenant on the buildings in this streetscene that the dwellings will not be used for business purposes and this change of use application is a business purpose.
6.0 ASSESSMENT 6.1 (i) the visual impact of the proposed development on the character and appearance of the existing dwelling, and street scene; (SP8) GP2(b) & (c) (ii) the impact upon the amenities (overlooking, loss of light and over bearing impact) of the neighbouring properties.(GP2(g) & (BP13)
(i) Visual Impact 6.2 The property is currently used as a residential property and the application will enable the owners to rent the property for tourist accommodation. The dwelling is within a residential area so the principle of such development is considered acceptable. Furthermore, as the proposal does not intend to extend or add additional accommodation to the dwellinghouse but merely seek the additional use of the existing fabric of the building, it is considered the proposal would have a visual neutral impact on the surrounding streetscene. This aspect is deemed to be an acceptable additional use that complies with those sections of Strategic Policy 8 and General Policy 2(b) & (c).
(ii) Neighbouring amenities 6.3 Business Policy 13 indicates that 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. There are a number of residential properties in the area / estate and the neighbouring property owners of No.8 and 10 who share a boundary with the application site have both commented to object.
6.4 Turning to the concerns from the neighbours, covenants are a legal matter and not one planning has any authority to challenge. These are generally taken up via advocates and are no a material planning consideration but they are noted. The remaining issue is the close proximity of the properties in the terrace and the concerns regarding the potential for levels of noise to be generated by those whom aren't the owners.
6.5 Striking a balance, although there is generally a view in favour of using residential properties for tourist accommodation as outlined in Business Policy 13, there can be times whereby this is opposed. There have been a small number of refusals given to applications looking to gain the same permission; the use of flats for tourist accommodation could potentially have a damaging effect on the amenities of others through the comings and goings of tourists in comparison to permanent residents, although most applications are granted approval but there has been an instance of one refusal on appeal (14/01089/C -Additional use of residential apartment as tourist accommodation).
6.6 In the case of apartments, concern lies in the potential to cause disruptions to the immediate and adjoining neighbouring properties. In terms of differentiating a tourist and a permanent resident it is often difficult to define how each would behave. As a tourist, a person may be out a lot of the time, but may also have a greater number of late nights and be disruptive on return. On the other hand, permanent residents may be at home more, and could
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be more likely to invite friends or family over for dinner or parties that may be noisy. In general the majority of people tend to behave well and raise no concerns, although there will always be a percentage that may not behave. It should also be remembered that the use of the site for private rental accommodation would require no planning approval and could result in frequent and continual turnover of residents.
6.7 In considering the proposal, there is little discernible difference between the use as residential and that of tourism. Furthermore it is not considered the proposed tourist use would be any different than that of a friend or family member occupying the unit, than a tourist use would be. In this case it is not considered there to be any adverse impact on the neighbouring residential amenity, as such this aspect complies with General Policy 2(g) and Business Policy 13.
7.0 CONCLUSION 7.1 The application would not harm the use and enjoyment of neighbouring properties and would comply with Strategic Policy 8, General Policy 2 and Business Policy 13 of the Strategic Plan 2016, and the Residential Design Guide 2019 and is recommended for approval.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons: (a) the applicant (including an agent acting on their behalf); (b) any Government Department that has made written representations that the Department considers material; (c) the Highways Division of the Department of Infrastructure; (d) Manx National Heritage where it has made written representations that the Department considers material; (e) Manx Utilities where it has made written representations that the Department considers material; (f) the local authority in whose district the land the subject of the application is situated; and (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
8.2 The decision maker must determine: o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and o whether there are other persons to those listed above who should be given Interested Person Status __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 22.01.2021
Determining officer Signed : C BALMER
Chris Balmer
Principal Planner
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