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21/01577/C Page 1 of 5
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 21/01577/C Applicant : Miss Teresa & Miss Veronica Morrison Proposal : Additional use of residential property as tourist accommodation Site Address : 8 Traie Twoaie Ramsey Isle Of Man IM8 3DB
Principal Planner: Mr Chris Balmer Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation:
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Conditions and Notes for Approval
C : Conditions for approval N : Notes attached to conditions
C 1. The tourist use hereby approved shall be for a limited period of 24 months from the date of this approval. On or before the expiry of the 24-month period, any future use of 8 Traie Twoaie as tourist dwelling shall be discontinued.
Reason: A 24-month trial period would provide useful evidence about the effect, if any, that the approved change of use has had on living conditions of neighbouring properties.
This application has been recommended for approval for the following reason. The application with a temporary 2 year condition attached will test how the additional use of the dwelling for tourist use will enable all parties to judge the potential impact or not upon neighbouring amenities. Accordingly, it is considered the proposal would comply with Strategic Policy 8, General Policy 2 and Business Policy 13 of the Strategic Plan 2016, and the Residential Design Guide 2021.
Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 04.01.2022. __
Interested Person Status - Additional Persons
It is recommended that the following persons 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 4(2):
Waters Edge, 7 Traie Twoaie, Ramsey as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).
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It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions these do relate to planning considerations:
Flood Management Division (DOI) __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The site is the residential curtilage of 8 Traie Twoaie, Ramsey which is a three storey mid-terraced property located on the eastern side of Traie Twoaie.
2.0 PROPOSAL 2.1 The application seeks approval for the additional use of residential dwelling to provide tourist accommodation.
3.0 PLANNING POLICY 3.1 The application site is within an area of 'residential use', under the Ramsey Local Plan. The site is neither within a Conservation Area nor within an area of High Landscape or Coastal Value and Scenic Significance.
3.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:-
3.3 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."
3.4 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."
4.0 PLANNING HISTORY
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4.1 There are no previous planning applications associated to this site which are considered relevant in the assessment and determination of this application. However, a neighbouring site/application is considered relevant:
4.2 Additional Use of residence as tourist accommodation - 9 Traie Twoaie, Ramsey - 20/01341/C - APPROVED
5.0 REPRESENTATIONS 5.1 Ramsey Commissioners have no objection (17.01.2022).
5.2 Highway Services have no objection (13.01.2022).
5.3 Flood Management Division (DOI) have no objection (12.01.2022).
5.4 Inland Fisheries (DEFA) have no objection (17.01.2022).
5.5 The owner/occupant of Waters Edge, 7 Traie Twoaie, Ramsey initially objected to the application (28.01.2022) which can be summarised as; possible increased noise and disruption to now quite and peaceful area; and clauses in the title deed which clearly prohibit such actions as laid out in the application.
5.5.1 Following these comments the applicants has been in discussion with the neighbour. Further the Department has been in discussion with both parties as well. It was concluded that a temporary approval (2 years) would overcome the initial concerns of the neighbouring's and allow all parties to see how the proposed tourist use would work over this temporary period. The neighbour has not written to withdrawn their objection, albeit discussions with the Department (on phone 03.02.2022) confirmed they were happy with a temporary approval).
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 street scene. 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.
6.4 Turning to the initial 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 concerns regarding the potential for levels of noise to be generated by those whom aren't the owners.
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6.5 As mentioned, 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 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. 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 this case, to see how the proposed additional tourist would work, all parties have agreed a temporary 2 year approval would be acceptable. Accordingly, it is considered a condition should be attached to any approval.
7.0 CONCLUSION 7.1 The application with a temporary 2 year condition attached will test how the additional use of the dwelling for tourist use will enable all parties to judge the potential impact or not upon neighbouring amenities. Accordingly, it is considered the proposal would comply with Strategic Policy 8, General Policy 2 and Business Policy 13 of the Strategic Plan 2016, and the Residential Design Guide 2021 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.
8.3 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given Interested Person Status. __
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I can confirm that this decision has been made by the Head of Development Management 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 : 04.02.2022
Determining officer Signed : S BUTLER
Stephen Butler
Head of Development Management
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