**Document:** Officer Report **Application:** 17/00382/C — Additional use of existing residential flats as tourist accommodation **Decision:** Permitted **Decision Date:** 2017-05-26 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/21918-malew-stanley-house/documents/1018092 --- # Officer Report **Application No.:** 17/00382/C **Applicant:** Mrs Irena Willems **Proposal:** Additional use of existing residential flats as tourist accommodation **Site Address:** Stanley House Castle Street Castletown Isle Of Man IM9 1LF Case Officer : Mr Edmond Riley **Site Visit:** 20.04.2017 **Expected Decision Level:** Officer Delegation ## Officer’s Report 1.0 THE APPLICATION SITE - 1.1 The application site is the curtilage of Stanley House, a substantial building that fronts onto Castle Street in Castletown and backs onto the long stay car park to the rear. The building is threestorey property with a traditional commercial frontage facing onto Castle Street and a rear yard area which opens out onto the car park. The building is Registered (no.66) and also lies within Castletown's Conservation Area. - 1.2 The area in which the site lies is mixed in usage with residential, offices, shops and food outlets all close by. Most if not all of the buildings are of historic and/or architectural interest and many are Registered (5 Castle Street, Westminster House, 5 Parliament Square and Compton House, all of which are immediately surrounding the application site). - 1.3 The floors above the ground floor, which are laid out as five residential flats, have been undergoing renovation of late and the application form indicates these works are nearing completion. 2.0 THE PROPOSAL - 2.1 The application seeks approval for the additional use of the apartments as tourist accommodation. No physical alterations are proposed. Floor plans for each of the flats - as well as the building's elevations - have been provided, though all are marked 'Existing' with none 'Proposed'. However, in view of the lack of physical change proposed this is considered an acceptable basis on which to proceed with the application. - 2.2 No concomitant application seeking Registered Building Consent is required as the application does not propose demolition, alteration or extension to the building, as per the provisions of Section 15(1) of the Town and Country Planning Act 1999. 3.0 PLANNING HISTORY - 3.1 While the site has been the subject of a number of applications seeking planning approval and Registered Building Consent, none of these is considered specifically material to the assessment of this application. To be noted are the approvals issued to 13/00532/GB and 13/00533/CON, under which the renovations of the existing apartments were approved. 4.0 THE DEVELOPMENT PLAN AND OTHER MATERIAL CONSIDERATIONS - 4.1 The site lies within an area of Mixed Use on the Area Plan for the South 2013. 4.2 As Stanley House is a Registered Building located within the Castletown Conservation Area (which was designated in 1990), the relevant planning policies from the Isle of Man Strategic Plan 2016 are Strategic Policy 4, General Policy 2, Environment Policies 32, 34 and 35. Policies RB/3, RB/5 and CA/2 Special Planning Considerations from Planning Policy Statement 1/01 (Policy and Guidance Notes for the Conservation of the Historic Environment of the Isle of Man) are also considered to be relevant to determining this application. - 4.3 Strategic Policy 4 states (in part): "Proposals for development must: - (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas, and sites of archaeological interest." 4.4 General Policy 2 states (in part): "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; 4.5 Environment Policy 32 states: "Extensions or alterations to a Registered Building which would affect detrimentally its character as a building of special architectural or historic interest will not be permitted." - 4.6 Environment Policy 34 states: "In the maintenance, alteration or extensions of pre-1920 buildings, the use of traditional materials will be preferred." - 4.7 Environment Policy 35 states: "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." - 4.8 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." - 4.9 Planning Policy Statement 1/01's Policy RB/3: General Criteria Applied in Considering Registered Building Applications states: - (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; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them". "The issues that are generally relevant to the consideration of all registered building applications are: - o The importance of the building, its intrinsic architectural and historic interest and rarity, relative to the Island as a whole and within the local context; - o The particular physical features of the building (which may include its design, plan, materials - or location) which justify its inclusion in the register; descriptions annexed to the entry in the register may draw attention to features of particular interest or value, but they are not exhaustive and other features of importance, (e.g. Interiors, murals, hidden fireplaces) may come to light after the building's entry in the register; o The building's setting and its contribution to the local scene, which may be very important, e.g. Where it forms an element in a group, park, garden or other townscape or landscape, or where it shares particular architectural forms or details with other buildings nearby (including other registered buildings)." 4.10 Planning Policy Statement 1/01's Policy RB/5: Alterations and Extensions states: "In considering whether to grant planning approval for development which affects a registered building or its setting and in considering whether to grant registered building consent for any works, the Department shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. "Registered Building consent is required for the building's alteration in any way which would affect its special architectural or historic character. There will be a general presumption against alteration or extension of registered buildings, except where a convincing case can be made, against the criteria set out in this section, for such proposals. "Applicants for registered building consent for alteration or extension to a registered building must be able to justify their proposals. They will be required to show why the works which would affect the character of the registered building are desirable or necessary and they should provide full information to enable the Department to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting. Where registered buildings are the subject of successive applications for alteration or extension, consideration will also be given to the cumulative effect upon the building's special interest as a result of several minor works which may individually seem of little consequence." 4.11 Planning Policy Statement 1/01's Policy Policy CA/2 - Special Planning Considerations states: "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. "Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected." 5.0 REPRESENTATIONS - 5.1 Highway Services of the DOI noted that as there is no need for additional parking, no change to the parking situation is required and, accordingly, the offered no objection on 27.04.2017. 6.0 ASSESSMENT - 6.1 Business Policy 13 indicates that planning approval 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 such cases where objections are received, it can be difficult to make such a demonstration. In this case, however, no objection has been received and that in itself is considered to be sufficient to comprise such a demonstration. It is always difficult to be certain about how people will behave, whether on holiday or living permanently, but clearly it is in all parties' interests that people behave well and in a manner that does not affect neighbouring living conditions. In this case, the lack of objection received is a strong material consideration in favour of the application, as is the fact the site is - within the commercial centre of Castletown where a certain level of noise / disturbance is to be expected. - 6.2 The view of Highway Services is noted, and it is agreed that whether these flats are used for tourist or residential use the impact on the existing parking situation will remain unchanged. - 6.3 It is concluded that the use of the existing residential dwellings for tourist accommodation would have similar impacts as one another, both in terms of effect on amenity and also parking. - 6.4 It is not clear from the Registration document what the interest in the building is, beyond "architectural or historic", and it is further noted that the interior of the building has been muchaltered over time. In view of the above conclusions, though, and being mindful of the mixed use nature of the area, it is concluded that the proposal would have a satisfactory impact on the Registered Building. 7.0 RECOMMENDATION - 7.1 In respect of the above conclusions, it is recommended that the application be approved. 8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: - o The applicant, or if there is one, the applicant's agent; - o The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; - o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; - o Highway Services of the Department of Infrastructure, and - o The local authority in whose district the land the subject of the application is situated. Recommendation Recommended Decision: Permitted Date of Recommendation: 22.05.2017 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. The development hereby approved relates to Drawings KV4/3, KV4/4 and KV4/5, all date-stamped as having been received 3rd April 2017, and notwithstanding that these each are marked as 'Existing'. I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation. Decision Made : Permitted Date: 24.05.2017 Determining officer Signed : S CORLETT Sarah Corlett Senior Planning Officer ## 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. --- *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/21918-malew-stanley-house/documents/1018092*