**Document:** Officer Report **Application:** 24/91014/C — Conversion to three flats (retrospective) and additional use of two flats as tourist accommodation **Decision:** Permitted **Decision Date:** 2024-11-18 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/33319-braddan-middle-and-top-conversion/documents/1075456 --- # Officer Report **Application No.:** 24/91014/C **Applicant:** Mr Steven Elkins **Proposal:** Conversion to three flats (retrospective) and additional use of two flats as tourist accommodation **Site Address:** Middle And Top Floor Flats 15 Royal Avenue West Onchan Isle Of Man IM3 1HB **Planning Officer:** Peiran Shen **Expected Decision Level:** Officer Delegation **Recommended Decision:** Permitted **Date of Recommendation:** 15.11.2024 _________________________________________________________________ ## 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. The proposal would not give rise to an unacceptable impact on amenity or impact on highway safety. It is considered to comply with General Policy 2, Housing Policy 17, Business Policy 13 and Transport Policy 7 of the Strategic Plan. Plans/Drawings/Information; This approval relates to the documents, location plan and site plan which has been received on 4th September 2024 and floor plans which have been received on 8th October 2024. Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: Onchan District Commissioners - No objection DoI Highway Services - No objection It is recommended that the owners/occupiers of the following properties should NOT be given the Right to Appeal because: 4 Royal Avenue West - Objection identifies land that is owned or occupied by the objector that would be impacted on, but such land is not within 20 metres of the site (and no Environmental Impact Assessment is required) (A10(2)(b)) ## Officer’s Report 1.0 THE SITE - 1.1 The application site is 15 Royal Avenue West, Onchan, a mid-terrace house located on the west of Royal Avenue West. The building has three stories. 2.0 THE PROPOSAL - 2.1 The proposal seeks the retrospective approval of the conversion of the building into three flats, one on each floor. The proposal also includes the additional use of the first-floor and second-floor flats as tourist accommodations. The ground floor flat will be used by the applicant as well as used for managing the tourist accommodation. - 2.2 The first-floor and second-floor flats have no direct access to the rear of the site. There are refuse and recycling collections at the ground floor communal hallway. 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 Area Plan for the East. 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 Housing Policy 17 - o Transport Policy 7 - o Appendix 7.6 - o Business Policy 13 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 Onchan District Commissioners has not commented at the time of the report (11.11.2024). - 6.2 DoI Highway Services does not oppose this application (14.10.2024). 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 proposals would have a similar or less parking demand to the existing use of the floors. - 6.3 4 Royal Avenue West wrote in objection to this application (18.10.2024). The comment states the proposal would worsen the parking situation in the area. ### 7.0 ASSESSMENT Elements of Assessment 7.1 The key considerations in the determination of the application are its principle, its impact on parking provision and the amenities of the neighbours. Principle of the Flat Conversion - 7.2 The flats have the sufficient amenities listed in Housing Policy 17. While bin collection is provided by the management flat rather than directly disposed of by the flat/tourist accommodation occupiers, as long as the management flat exists, it is not considered that refuse disposal would create an issue. Even if the management flat is sold individually later, having a bin store at the front of the property is regulated by Onchan District Commissioners and is therefore not regulated by planning. Parking Provision - 7.3 It is unclear what the lawful use of the building was so it is not possible to calculate whether there is an increase in parking standards because of the flat conversion. However, the parking standard for the proposed use would be four, based on the number of bedrooms. Since there is no objection from highway services. The site is also within walking distance of Onchan Village and close to public transport links and is considered a sustainable location. Therefore, the impact on parking is considered to be acceptable. Neighbouring Amenities - 7.4 The three residential units created by the flats are not considered to have a negative impact on neighbouring amenities. - 7.5 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, Housing Policy 17, 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. _____________________________________________________________________________________________________ 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: 18.11.2024 Determining Officer Signed : C BALMER Chris Balmer 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. --- *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/33319-braddan-middle-and-top-conversion/documents/1075456*