**Document:** Officer Report
**Application:** 16/01251/C — Additional use of residential dwelling as tourist living accommodation
**Decision:** Permitted
**Decision Date:** 2017-01-04
**Parish:** Braddan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/22536-braddan-palm-villa-dwelling/documents/1023840

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# Officer Report

**Application No.:** 16/01251/C
**Applicant:** Mr James Bass
**Proposal:** Additional use of residential dwelling as tourist living accommodation
**Site Address:** Palm Villa 10 Harbour View Onchan Isle Of Man IM3 2AN Case Officer : Mr Chris Balmer
**Expected Decision Level:** Officer Delegation

## Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site comprises the curtilage of Palm Villa, 10 Harbour View, Onchan which is a detached part single and part two storey dwelling located on the eastern side of Harbour View. The property has hardstanding fronting the dwelling which can accommodate two parked vehicles,

- as well as an integral double garage which can also accommodate two vehicles. The property also has gardens to the front and rear.

2.0 PROPOSAL - 2.1 The application seeks approval for additional use of part of the residential dwelling as tourist living accommodation. At lower ground level there is currently a bedroom, en-suite, utility room, all of which is located to the rear of the integral double garage. It is proposed to section of the existing dwelling would be used for tourist accommodation.

3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is located within a predominantly residential use under the Onchan Local Plan. - 3.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. 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."

3.3 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."

4.0 PLANNING HISTORY - 4.1 The application site has been the subject of a previous planning application which is considered material to the assessment of this current planning application: - 4.2 Alterations, erection of extension and first floor extension to dwelling - 11/00123/B APPROVED

5.0 REPRESENTATIONS - 5.1 Onchan Commissioners (received on 30.11.2016) have recommended an approval subject to a condition that a typical condition relating to tourist use be attached. - 5.2 DOI Highway Services have no objection (received on 12.12.2014) and comment that the proposal is to use part of a residential dwelling as a self-contained tourist unit. There is adequate car parking on site. - 5.3 The owners/occupiers of 8 Harbour View object to the application (21.11.2016). They raise concerns of highway safety concern as children are able to play outside freely as the neighbours here are aware children play and having visitors to the site not use to the area driving in and out of the cul-de-sac will not enable children to play as they are able to at present; additional traffic would have a detriment of the residents who live here; and having strangers coming and going in which is

- at present a quiet and friendly neighbourhood will make us feel very uncomfortable.

6.0 ASSESSMENT - 6.1 The key issues in the determination of this application are: 1) principle of development; 2) impact upon neighbouring amenities; 3) potential highway safety implications/parking provisions and 4) potential impact upon the amenities of the application property itself. PRINCIPLE OF DEVELOPMENT - 6.2 The site is within an area designated for residential use. Accordingly the principle of essentially using part of the dwelling as a self-catering tourist unit is acceptable. It should also be noted that under Permitted Development Order 2012 there is provision for persons to use up to three bedrooms within their property as guest accommodation without the need for planning approval. Whilst this current application differs given it is seeking to use part of the dwelling as a one bedroom self-catered tourist unit, it needs to be acknowledged that in terms of using a property for tourist purposes there are similar types of development which fall under the Permitted Development Order which could result in a similar impact. - 6.3 There is also general support for the use of whole private dwellings being used for tourist purposes as outline in Business Policy 13, the test being whether such use would not compromise the amenities of neighbouring residents.

6.4 Therefore, whilst the principle is potential acceptable for the above reasons, is not an automatic reason for approval, as the further issues within paragraph 6.1 need to be assessed. IMPACT UPON NEIGHBOURING AMENITIES - 6.5 Arguably the property most likely to be affected would be the occupants of Nr 11 Harbour View which is immediately to the south of the site and closest to the proposed unit. If it is understood correctly, persons utilising the tourist unit would walk down the side passageway and enter the existing side door to enter the unit, all of which are immediately adjacent to the boundary shared with Nr 11. - 6.6 Whilst the proposal would increase the level of persons visiting the site, it is not considered the level of person utilising this one bedroom unit would have such an impact to warrant a refusal. It is also noted that the gable wall of Nr 11 which directly faces the doorway and passageway has no windows within it, so this further reduces the potential for impacts to neighbouring amenities. POTENTIAL HIGHWAY SAFETY IMPLICATIONS/PARKING PROVISIONS - 6.7 In terms of parking, a total of three off road parking spaces are required to serve the existing dwelling and the proposed tourist unit. The property currently has a total of four off road parking spaces and therefore complies in this respect. A condition should be attached which requires the garage and front hardstanding to be kept clear and made available for parking of vehicles. - 6.8 Concerns have been raised by neighbours that person/s coming and going from the site would be unaware that the cul-de-sac is used by children for play. Whilst this may be the case, a highway's primary use is for vehicles to utilise, although this is not to say children playing in a quiet cul-de-sac are wrong or should be discounted, as highway safety for all users is important as stated in Transport Policy 6 of the Strategic Plan. In this regard Highway Services have considered this point and the neighbours' concerns and have not raised an objection to the proposal. Whilst the proposal will likely increase traffic generation to the site and the cul-de-sac, it is considered the level of traffic generated by a one bedroom tourist unit would likely have a significantly impact upon highway safety to warrant a refusal and the traffic generated would be unlikely to be noticeable. - 6.9 As mentioned the property could utilise three bedrooms on a B&B basis, which would likely increase persons coming and going from the site than the current single self-contained unit. POTENTIAL IMPACT UPON AMENITIES OF APPLICATION PROPERTY - 6.10 Consideration needs to be had in relation to whether the proposed tourist unit would impact upon residential amenities of the application dwelling. There would be significant concern if the unit was used as a permanent residential unit as there could be conflicts in terms of privacy and general disturbances by coming and goings of the occupants from the new residential unit (visitors, deliveries etc) more than a tourist unit. Therefore, it is not considered acceptable or appropriate to have a permanent residential unit on the site and should an application ever be made it is likely the Department could have concerns. Given this concern it is considered a condition should be attached to any approval which limits the number of days that occupants can use the units, in order to ensure that they are restricted to tourist use. - 6.11 However, given the proposal is for tourist purposes and the level of persons coming and goings is likely to be less and such person/s are more likely to be out of the property visiting the Island a lot of the time, compared to permanent residents who are more likely to be at home more; it is considered the impact to the occupants of the main dwelling house would not be so significant to warrant a refusal. Overall, it is potentially likely that its use as a permanent dwelling would raise fewer issues in terms of noise and disturbance than its use for tourist letting.

## - 7.0 RECOMMENDATION

7.1 As such, the proposal is concluded to accord with the provisions of General Policy 2 and Business Policy 13 of the Isle of Man Strategic Plan 2016. It is recommended that the planning application be approved.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons:

- (a) The applicant, or if there is one, the applicant's agent;
- (b) 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;
- (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material;
- (d) The Highways Services of the Department of Infrastructure; and
- (e) The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.

8.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: The owners/occupiers of 8 Harbour View, Onchan

Recommendation Recommended Decision: Permitted Date of Recommendation: 05.12.2016 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.

- C 2. The development hereby approved shall not be used or occupied other than for the purpose of short-let holiday accommodation and shall not be used as a separate dwelling. The accommodation hereby approved shall not be occupied by the same person(s) for a single period or cumulative periods exceeding 28 days in any calendar year.

- Reason: To ensure that the development is only used and occupied as short let holiday accommodation and to prevent the creation of an unjustified separate dwelling in the countryside.
- C 3. The existing garage and hardstanding fronting the property shall at all times be made available for the parking of private motor vehicles(s) associated with the use or occupation of the buildings on site, and shall be retained available for such use. Reason: To provide adequate off-street parking for the existing dwelling and the tourist unit.

This approval relates to the submitted documents and drawing all received on 8th November 2016.

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: 03.01.2017 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.

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