**Document:** DEC Officer Report
**Application:** 24/91093/C — Additional Use of Apartment 5 as Tourist Accommodation
**Decision:** Permitted
**Decision Date:** 2024-10-29
**Parish:** Lezayre
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/33265-lezayre-the-elms/documents/1074617

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# DEC Officer Report

## PLANNING OFFICER REPORT AND RECOMMENDATIONS

**Application No.:** 24/91093/C
**Applicant:** Adorn Properties Ltd
**Proposal:** Additional Use of Apartment 5 as Tourist Accommodation
**Site Address:** 5 The Elms Lezayre Road Ramsey Isle Of Man IM8 2TA
**Planning Officer:** Peiran Shen
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 28.10.2024 _________________________________________________________________

## 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 proposal would not give rise to an unacceptable impact on amenity or impact on highway safety. The proposal is considered to comply with General Policy 2, Business Policy 13 and Transport Policy 7 of the Strategic Plan.

Plans/Drawings/Information; This approval relates to the documents and drawing no. 001. 107, which have been received on 18th September 2024. _______________________________________________________________

Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection Local Authority - No Objection ___________________________________________________________________

## Officer’s Report

## - 1.0 THE SITE

1.1 The application site is the 5 The Elms, Lezayre Road, Ramsey, a flat north of Lezayre Road.

2.0 THE PROPOSAL - 2.1 The proposal is for the additional use of the apartment as a tourist accommodation.

3.0 Planning History - 3.1 There is no previous application considered materially relevant to this application

4.0 Planning Policy Site Specific - 4.1 The site is within an area designated as Predominantly Residential in the Ramsey Local Plan 1998. Strategic Policy - 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:

- o Strategic Policy 5
- o General Policy 2 (b), (g), (h), (i), (m), (n)
- o Transport Policy 7
- o Appendix 7.6
- o 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.
- o Community Policy 7, 10 and 11

PPS and NPD

4.3 There is no relevant Planning Policy Statement or National Policy Directive that applies to this application.

5.0 OTHER MATERIAL CONSIDERATIONS Strategy and Guidance - 5.1 There is no strategy or guidance materially relevant to this application.

6.0 REPRESENTATION - 6.1 Ramsey Town Commissioners has no objection to this application (17.10.2024) - 6.2 DoI Highway Services does not oppose this application (12.01.2024). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking. The comment also states that this is because the site is in a sustainable location in Douglas centre.

7.0 ASSESSMENT Elements of Assessment - 7.1 The key considerations in the determination of the application are its impact on parking provision and on the amenities of the neighbours. Parking Provision - 7.2 There is no change in parking standards so there is no impact on parking provision. - 7.3 Since there is no objection from highway services. Therefore, the impact on parking is considered to be acceptable. Neighbouring Amenities - 7.4 It is difficult to assess how an individual would behave, whether as a tourist or a resident. As a tourist, a person may be out a lot of the time, but may also have greater late nights and be disruptive on return. In the meantime, both tourists and permanent residents have incentives for

organising gatherings, which can easily be carried out till late at night. In general terms, however, the majority of people tend to behave well and raise no concerns. Therefore, it is unlikely that this change of use would have a significant impact on the living conditions of the neighbouring properties.

8.0 CONCLUSION - 8.1 It is considered that the proposal would not give rise to an unacceptable impact on amenity or impact on highway safety. The proposal is considered to comply with General Policy - 2, Business Policy 13 and Transport Policy 7 of the Strategic Plan. Therefore, it is recommended for an approval.

9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 9.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 9.2 Article A10 sets out that the right to appeal is available to:

- o applicant (in all cases);
- o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
- o any other person who has made an objection that meets specified criteria.

9.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

- o any appellant or potential appellant (which includes the applicant);
- o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
- o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
- o in the case of a petition, a single representative.

9.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make comments in a professional capacity they cannot be given the Right to Appeal. _____________________________________________________________________

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 and/or rights to appeal.

Decision Made : Permitted Date: 28.10.2024 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

Customer note This copy of the officer report reflects the content of the office copy and has been produced in this form for the benefit of our online service/customers and archive record.

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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/33265-lezayre-the-elms/documents/1074617*