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                                      22/00977/C                                     Page  1  of  4

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 22/00977/C Applicant : Miss Yvonne Grogan Proposal : Additional use as Tourist accommodation including existing use as residential Site Address : 14 Lake Lane Peel Isle Of Man IM5 1AU

Enforcement/Planning Assistant: Ms Charlotte Gatt Photo Taken :

Site Visit :

Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 07.10.2022 __

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 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 approved.

Plans/Drawings/Information;

This decision hereby approved relates to drawings and documents submitted to the Department titled:

01 Property Details 02 Floor Plans 03 Site Location Plan

all recorded as being electronically received by the Department on 08.08.22

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__

Interested Person Status - Additional Persons

It is recommended that DOI Flood Risk Management Division 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). __

Officer’s Report

THE SITE 1.1 The application site is the residential curtilage of 14 Lake Lane, Peel, an existing two storey terraced dwelling which sits on the northern side of Lake Lane and within the Peel Conservation Area. The property is shorter than both of its immediate neighbours and has a dark slate roof finish.

1.2 The application site building forms part of a terrace that is characterised by properties of a similar traditional design and appearance.

THE PROPOSAL 2.1 Proposed is the additional use of the property for tourism purposes.

PLANNING POLICY 3.1 The site lies within an area designated on the 1989 Peel Local Plan as Mixed Use. The site is recognised as being at 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:

3.2 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."

3.3 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."

3.4 Environment Policy 13 states: "Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted."

PLANNING HISTORY 4.1 There are no previous planning applications that would be considered material in relation to this site.

REPRESENTATIONS All representations can be viewed in full, online, on the Government website, 5.1 Department of Infrastructure Highway Services have provided the following comment; "After reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider the installation of an electric vehicle charging point" (24.08.2022).

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5.2 Peel Town Commissioners have made not made any comments on this application at the time of writing.

5.3 No comments have been received from neighbouring properties at the time of writing.

5.4 DOI Flood Risk Management Division have opposed to the application on the following grounds: "Flood Risk Management cannot support an application to change the use of a property to tourist accommodation which is within a flood zone." 22.08.22

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.

6.7 In relation to the objection form the FMD, the policy test is whether the development would result in an unacceptable risk from flooding, either on or off-site. The proposal does not increase the footprint of the dwelling and the uses proposed do not either increase flooding on or off site. Accordingly, it is not considered a reason on the grounds that the site is within a flood risk area can be supported.

CONCLUSION

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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 or increase flood risk on or off the site complying with Environment 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: 12.10.2022

Determining officer

Signed : C BALMER

Chris Balmer

Principal Planner

Customer note

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