DEC Officer Report

Application No.: 21/00551/C Applicant: Mr Mark Cringle Proposal: Additional use of residential property as tourist accommodation Site Address: Brookville Main Road Ballabeg Castletown Isle Of Man IM9 4LE Enforcement/Planning Assistant: Expected Decision Level: Ms Charlotte Gatt Recommended Decision: Permitted Date of Recommendation: 09.07.2021 _________________________________________________________________

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 complies with Paragraph 9.5.8 and Business Policy 13 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This decision relates to documents; A2 Existing Floor Plans and A3 Site and Locations Plans, date stamped as being received on 07.05.21 _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE SITE

1.1 The site is the residential curtilage of Brookville, a detached dwelling situated along Main Road in Ballabeg across from the junction of Ballagawne Road. The existing dwelling has off road parking for at least six vehicles off the road with space to manoeuvre. THE PROPOSAL - 2.1 Proposed is the additional use of the property for tourism. PLANNING HISTORY - 3.1 The application site has been subject to a number of previous applications, in relation to the adjacent field and erection of a garage.

3.2 PA90/00913/B - Erection of wooden field shelter, Thie Vane, Main Road, Ballabeg, Arbory. - 3.3 PA90/01069/B - Erect four stables with feed store & tank room: Thie Vane, Main Road, Ballabeg, Arbory. - 3.4 PA99/01760/B - Erection of garage and cover to rear area, Brookville, formerly Thie Vane. - 3.5 PA00/01938/B - Amendments as built to approved garage and covered area, Brookville.

PLANNING POLICY

4.1 The site lies within an area designated on the Area Plan for the South 2013 as Residential. The site is not recognised as being at any flood risk on recent DOI flood maps. As there are no physical works proposed the application shall be considered against the following parts of the Strategic Plan which indicate that a tourist use of an existing property will generally be supported so long as it does not impact or compromise the amenities of neighbours:

4.2 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." - 4.3 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."

REPRESENTATIONS

5.1 Rushen Commissioners supported the application (25.05.2021)

5.2 Department of Infrastructure Highway Services - Do not oppose (04.06.2021). - 5.3 No comments received from neighbouring properties.

ASSESSMENT

6.1 The fundamental issues to consider are the impacts on the living conditions of the immediate neighbours and the impact on local amenity.

6.2 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 are granted approval there has been an instance of one refusal - PA 04/00194/C.
• 6.3 In the case of properties like this, concern lies in the potential to cause disruptions to the immediate 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 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.
• 6.4 In the case of this application it is likely that the comings and goings of tourists will be no more apparent than those residents already living in the area or having friends or family visit. The property is fairly modest and not sized to accommodate too large a number of tourists or residents and parking demand will be no different between permanent residents and tourist users as to create any new impacts on highways beyond the existing arrangement.
• 6.5 It is noted that although the nature of the use might be different from permanent residential accommodation, 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.
• 6.6 It is considered the use of the existing dwelling as tourist accommodation would have a similar impact, whether it is used for tourist or permanent residential use and therefore would not have a significant or unacceptable impact upon the living conditions of the neighbouring properties to warrant a refusal or to result in any new or adverse highway safety issues beyond the existing arrangement.

CONCLUSION

7.1 It is considered that there is no demonstrable harm arising from the proposal in view of the provisions of Paragraph 9.5.8 and Business Policy 13 and the application is therefore recommended for approval. 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: 12.07.2021 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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