**Document:** DEC Officer Report
**Application:** 20/01319/C — Change of use from tourist accommodation to a residential dwelling
**Decision:** Permitted
**Decision Date:** 2020-12-22
**Parish:** Jurby
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/13733-jurby-garden-cottage-goldies-dwelling-change-of-use/documents/1002142

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# DEC Officer Report

**Application No.:** 20/01319/C
**Applicant:** Yvonne Elizabeth Marshall
**Proposal:** Change of use from tourist accommodation to a residential dwelling
**Site Address:** Garden Cottage Goldies Loughan Jurby East Isle Of Man IM7 3EZ Senior
**Planning Officer:** Mr Jason Singleton
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 21.12.2020 _________________________________________________________________

## 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.

- C 2. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2012 (or any Order revoking and/or re-enacting that Order with or without modification) no extension, enlargement or other alteration of the dwelling(s) hereby approved, other than that expressly authorised by this approval, shall be carried out, without the prior written approval of the Department. Reason: To control development in the interests of the amenities of the surrounding area.

This application has been recommended for approval for the following reason. It is concluded that the planning application would not harm the character of the streetscene or that of the countryside and would accord with Hp11 and EP1.

Plans/Drawings/Information; This approval relates to drawings referenced; PL11/001 date stamped 4 November 2020. _______________________________________________________________

## Interested Person Status

Additional Persons

None _____________________________________________________________________________

### Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of Goldies Loughan, Jurby East. The property is a detached dwellinghouse to the south of the highway which has a number of outbuildings within its curtilage. There is the main farm house a two storey building adjacent to the highway; to the east of the farm house - a detached cottage across from the gardens at single storey height; to the south of these buildings; a general barn / garden room, workshop tractor building, and equestrian building with stabling for four horses and a tack room.

2.0 THE PROPOSAL - 2.1 Proposed is the change of use of the cottage from Tourist to residential. There are no material alterations to the external appearance of the property and is solely for the change of use. - 2.2 The applicant notes; "After running a garden cottage as a holiday let for the last 12 years. I am retiring and intend to de-register the cottage as holiday accommodation". - 2.3 The cottage has an internal floor plan of an open plan lounge kitchen dining, two bedrooms and a bathroom which measurers 14.7m long x 4.4m wide and 4.2m to the ridge, with a bathroom extension measuring 2.5mx3.4m. The property features timber framed windows and doors with a natural slate roof.

## - 3.0 PLANNING POLICY

3.1 In terms of local plan policy, the application site is within an area recognised as white land or land not zoned for development. The application site is within the residential curtilage of an existing property and it would be appropriate to consider the following policies. - 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application. - 3.3 The relevant parts of General Policy 3 state; "Development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan with the exception of: … (b) conversion of redundant rural buildings which are of architectural, historic, or social value and interest; (Housing Policy 11); - 3.4 Housing Policy 11 states: Conversion of existing rural buildings into dwellings may be permitted, but only where:

- (a) redundancy for the original use can be established;
- (b) the building is substantially intact and structurally capable of renovation;
- (c) the building is of architectural, historic, or social interest;
- (d) the building is large enough to form a satisfactory dwelling, either as it stands or with modest, subordinate extension which does not affect adversely the character or interest of the building;
- (e) residential use would not be incompatible with adjoining established uses or, where appropriate, land-use zonings on the area plan; and
- (f) the building is or can be provided with satisfactory services without unreasonable public expenditure. Such conversion must:

- (a) where practicable and desirable, re-establish the original appearance of the building; and
- (b) use the same materials as those in the existing building.

Permission will not be given for the rebuilding of ruins or the erection of replacement buildings of similar, or even identical, form.

Further extension of converted rural buildings will not usually be permitted, since this would lead to loss or reduction of the original interest and character.

3.5 Environment Policy 1 The countryside and its ecology will be protected for its own sake. For the purposes of this policy, the countryside comprises all land which is outside the settlements defined in Appendix 3 at A.3.6 or which is not designated for future development on an Area Plan. Development which would adversely affect the countryside will not be permitted unless there is an overriding national need in land use planning terms which outweighs the requirement to protect these areas and for which there is no reasonable and acceptable alternative.

## - 4.0 PLANNING HISTORY

4.1 06/01482/R - Retention and completion of work to complete new holiday cottage. Approved at appeal. - 4.2 04/01517/B - Conversion of existing byre to holiday accommodation, Goldies Loughan. Approved with the following conditions;

- 1. The development hereby permitted shall commence before the expiration of four

years from the date of this notice.

- 2. This approval relates to drawing no.s 0362/1/2, 0362/1/5 and 0362/1/6 date

stamped the 20th July 2004.

- 3. Between the 1st March and 1st October in any one year the holiday accommodation

hereby approved must only be used for individual lets, not exceeding four weeks in duration, to bona fide tourists. Outside of this period longer lets to bona fide tourists are permissible.

## - 5.0 REPRESENTATIONS

5.1 Highways Services (04/12/20) have commented with no objection. - 5.2 Jurby Parish Commissioners were wrote to on the 23.11.20 and at the time of writing no comments had been received.

6.0 ASSESSMENT The fundamental issues to consider in the assessment of this planning application are;

- (i) whether exceptional circumstances exist to the principle of development within the countryside - General Policy 3(b), Housing Policy 11.
- (ii) the level of impact on the countryside in general - Environment Policies 1. Principle

6.1 In terms of planning policy there is a long established presumption against new residential development in the countryside. General Policy 3(b), and Housing Policy 11 all provide for the conversion of buildings within the countryside subject to various caveats, including that the building is redundant and of architectural, historic or social value. - 6.2 When considering HP11, In this case it is accepted the existing building is far from being redundant from use, as it is being used as tourist accommodation. As this proposal does not seek to make any material alterations internally or externally, the main focus is whether the two properties can operate independently. There are no policies within the Strategic Plan which seek to protect tourist accommodation as such there is no planning policy objection to the principle of changing the building's use to become a permanent dwelling.

6.3 Considering the current tourists use, these are mainly visitors occupying the property on a short term basis and as such would likely not require the same level of privacy and amenity that a permanent residential dwelling should have in order to be satisfactory. Tourist accommodation also generates many different occupiers who due to not knowing an area particularly well, which may generate more disturbance than a full time resident. This may be manifested by inappropriate parking, greater vehicular movements to and from a property and a reduced level of care when making noise. These distinctions are more operational activity but help identify the difference between the two uses and the level of impact on the main farmhouse and the cottage and their amenity. In this case a full time occupation of the cottage would have a lesser impact than that of a tourist and could be seen as an improvement to the setting and amenity of the farm house. - 6.4 The cottage is approx. 10m to the east from the main farmhouse and has its own entrance off the highway with a small garden area to the front (east) and parking for two cars. The property has two bedrooms, bathroom and an open plan lounge kitchen diner which offer satisfactory living accommodation for a permanent dwellinghouse. - 6.5 In terms of impact on the farmhouse and their amenity, the orientation of the property is such that there is no direct overlooking from the principle rooms with the only windows to the rear or west elevation facing the farm house would be a bedroom, kitchen and rear doorway. However, given the close proximity between the two properties (10m between elevations), and the shared gardens between them as a stand alone dwelling it would not be considered to have any detrimental impact upon the amenity of either property, as both have their own enterance off the highway and amenity space.

- (iii) the level of visual impact on the countryside

6.6 In most cases the creation of ancillary accommodation is attached to the dwellinghouse or in such close proximity that it could not be conceivably separated into two independent planning units. In this case, the proposal is seeking to utilise an existing structure and alter how the property is used which will help preserve the character of these properties, in turn this would be considered to have no detrimental impact on this part of the countryside given the existence of the building.

## - 7.0 CONCLUSION

7.1 For the above reasons, it is concluded that the planning application would not harm the character of the streetscene or that of the countryside and would accord with Hp11 and EP1. - 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: 22.12.2020 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

## Customer note

## This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.

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*Data sourced from the Isle of Man public planning register under the [Isle of Man Open Government Licence](https://www.gov.im/about-this-site/open-government-licence/).*
*Canonical page: https://planningportal.im/a/13733-jurby-garden-cottage-goldies-dwelling-change-of-use/documents/1002142*