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PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 22/00163/C Applicant : Trevor Pye & Jacqueline Craig Proposal : Change of use from residential accommodation to tourist use Site Address : 3 Church Lane Peel Isle Of Man IM5 1AW
Planning Officer: Mr Paul Visigah Photo Taken : Site Visit : Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 01.04.2022 __
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. It is considered that the planning application is in accordance with General Policy 2 Business Policy 13, Strategic Policy 8 and Environment Policy 35 of the Isle of Man Strategic Plan 2016, and Policy CA/2.
Plans/Drawings/Information; This decision relates to the Site and Location Plan, Ground Floor Plan, First Floor Plan, and Second Floor Plan, date stamped and received 31 January 2022.
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE SITE
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1.1 The application site is the curtilage of 3 Church Lane, Peel which is a three storey mid- terrace property situated to the western side of Church Lane. The road to the front of the property is a narrow service lane. This property and its neighbours on the terrace share a rear yard which is enclosed by the properties on the terrace and the neighbouring terraces which back unto this terrace.
1.2 St. Peters Church Peel sits directly east of the application property and its terrace, with its garden area only separated from the properties on Church lane by the narrow lane. A Manx stone wall encloses the garden of St. Peters church and demarcates its boundary from the properties on Church Lane.
2.0 THE PROPOSAL 2.1 The current planning application seeks approval to change the use of the property from residential accommodation to tourist use. There would be no alterations to the property (internal and external).
2.2 The property has a lounge and kitchen on the ground floor, a bedroom, bathroom and cupboard on the first floor, and a bedroom and walk-in wardrobe on the second floor.
3.0 PLANNING POLICIES 3.1 The application site is within an area zoned as "Mixed Use" identified on the Peel Local Plan 1989, and it is also within the Peel Conservation Area. The property is not within a flood risk area, or registered tree area, and there are no registered trees on site. Given the nature of the application it is appropriate to consider the following policies of the Strategic Plan:
3.2 General Policy 2: "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: 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; 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"; 3.3 Strategic Policy 8: "Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and man-made attractions."
3.4 Business Policy 13: "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."
3.5 Environment Policy 35 "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development".
4.0 OTHER MATERIAL CONSIDERATIONS 4.1 TOWN AND COUNTRY PLANNING ACT 1999 "S18 Designation of conservation areas
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(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act".
4.2 PLANNING POLICY STATEMENT 1/01 4.2.1 "POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application".
4.2.2 "POLICY CA/4 PROPOSALS FOR PRESERVATION AND ENHANCEMENT It is important that designation is not seen as an end in itself, but that there be an opportunity for the designation to be considered in a wider context, such as that of an area plan. It is this overview which will basically determine the long term validity and prosperity of the conservation area. For example, proposals and policies contained within an area plan may take the opportunity to improve matters such as traffic congestion in and around a conservation area by traffic management and improvement, the provision of off-street parking and the introduction of some pedestrian or bicycle priority ways. The plan will also prescribe the use of land and buildings within the conservation area and beyond and may indicate opportunities for enhancement by restoration and re-use, or if appropriate, for replacement of elements within the conservation area which detract from the special character of the area".
5.0 PLANNING HISTORY 5.1 The application site has been the subject of three previous planning applications which are not considered to be materially relevant to the current application.
6.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.
6.1 The Department of Infrastructure (DOI) Highways Division have indicated that they 'Do not oppose' in a letter dated 16 February 2022.
6.2 Peel Town Commissioners have indicated that they do not oppose the application in a letter dated 16 March 2022.
6.3 No comments have been received from neighbouring properties.
7.0 ASSESSMENT 7.1 The application seeks approval for the change of use of a residential unit to tourist accommodation. The fundamental issues to consider in the assessment and determination of this planning application are the acceptability of the principle of the proposed change of use, impact of the proposal on the living conditions of the immediate neighbours and the impact on local amenity, and the possible impacts on the character or appearance of the Conservation area.
7.2 In assessing the acceptability of the principle of the proposed development, the key issue in this case is whether there would be any significant impact from the use of the property as permanent residential accommodation compared with its use as a tourist unit. It is often relevant in such an assessment to consider what the nearest adjacent units are used for and it is clear from the planning history of the area that some of the neighbouring properties, have been used as both residential accommodation and tourist use, which implies that they are suitable for such use (PA 04/01429/C - 7 St. Peters Lane, PA 13/00527/C - 6 Church Lane, PA 16/00468/C - 5 Church Lane, and 21/00878/C - 1 Church Lane). The Location of the site within close proximity to a number of tourist attractions and opportunities within Peel (such as the
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beach, public houses, breakwater and cafes nearby) also makes the proposed use acceptable and compliant with Strategic Policy 8 of the Strategic Plan.
7.3 Like most residential properties within close proximity to the Peel town centre, the property is within walking distance to the Peel Castle, St. German's Cathedral (which is a Registered Building - RB 204), the Bowling Green Café, Peel Beach, Castle Street gardens, and the Peel Marina, all offering a varied range of activities to support tourists. As such, the location of the premises is well suited to the proposed use and the principle of such development is considered acceptable.
7.3 In terms of impact on neighbours, Business Policy 13 stipulates 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. In this case, the use of the existing residential 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 impact upon the living conditions of the neighbouring properties. This is hinged on the fact that 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; a situation that may be less likely to occur for tourists as they would be out and about exploring various locations. 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 with associated impacts on the neighbours.
7.4 Given the above, the use of the existing residential 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 impact upon the living conditions of the neighbouring properties and would conform to Business Policy 13 of the Strategic Plan.
7.5 In terms of highway safety impacts, there should be no material change in the effect on highway safety and car parking with arguably a reduced impact from tourist occupancy where such may not always have a car, or require a car as the property has no access to private parking. Besides, the property is within close proximity to a public transport corridor with tourists occupying the dwelling afforded easy access to public transport options to various parts of the Island. It is also considered that the Boilley Spittall car park is only about 57m away should car parking be required.
7.6 With regard to possible impacts on the character or appearance of the Conservation area, it is noted that the proposal involves no physical changes to the building and as such there would be no visual impacts from the proposal. Additionally, income generated via the tourist rentals for this property which is in the Conservation Area will ensure that there is revenue available to support the maintenance of the application dwelling so that it does not fall into a state of disrepair. For that reason, whilst the scheme would not result in any physical changes to the exterior of the building, it would ensure the continuous maintenance of the property through the income generated and as such can be considered to preserve the character and appearance of the dwelling and in turn the broader Conservation Area; complying with EP35 of the Strategic Plan and PPS 1/01.
8.0 CONCLUSION 8.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan and as such is, therefore, recommended for approval.
9.0 INTERESTED PERSON STATUS 9.1 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);
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(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.
9.2 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 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 : 05.04.2022
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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