**Document:** DEC Officers Report **Application:** 14/00644/C — Additional use of self-contained apartment as tourist accommodation **Decision:** Permitted **Decision Date:** 2014-07-11 **Parish:** Lonan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/34755-lonan-oirr-ushtey/documents/1089620 --- # DEC Officers Report Case Officer: Mr Chris Balmer Photo Taken: Site Visit: Expected Decision Level: Officer Delegation ## Officer's Report ### 1.0 The Application Site 1.1 The application site accommodates Oirr-Ushtey, The Promenade, Laxey. It is a large period detached dwelling fronting the car park on the promenade. It has the appearance of several original dwellings converted into one and comprises both two and three storey elements. 1.2 The site forms part of a square of properties. To the west side of the site is Seabank, a detached three storey property. To the east side is The Pipe Factory, another detached three storey building. To the rear is another dwelling, Cushag, and its rear garden. There are further properties beyond Cushag to the north. To the south is the public car park. ### 2.0 The Proposal 2.1 The application seeks planning approval for the additional use of self-contained apartment as tourist accommodation. The additional use would be located within the current constructed third storey to the two storey part of the house so that it is all three storeys. 2.2 The changes are only in connection with the use of the currently constructed extension as an additional use as a tourist unit rather than a separate residential unit or as a granny flat/ancillary accommodation incidental to the main dwelling. ### 3.0 Planning History 3.1 The previous planning applications are considered relevant in the assessment and determination of this application: 3.2 14/00101/B - consent granted in 2014 for alterations and erection of a second floor extension to create a self-contained apartment (amendment to PA 13/00617/B). 3.3 13/00617/B - consent granted in 2013 for alterations and erection of a second floor extension to dwelling (comprising amendments to PA 12/01413/B) 3.4 12/01413/B - consent granted in 2012 for alterations and erection of a second floor extension to dwelling. 3.5 11/00601/B - consent granted in 2011 for the erection of a replacement porch. [Table omitted in markdown export] 3.6 06/01071/B - consent granted in 2006 for alterations and extensions to form additional living accommodation. ### 4.0 Planning Policy 4.1 The Laxey and Lonan Area Plan 2005 identifies the area as being predominantly residential. 4.2 General Policy 2 of the Isle of Man Strategic Plan 2007 is relevant: '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.' 4.3 Housing Policy 4 states: "New housing will be located primarily within our existing towns and villages, or, where appropriate, in sustainable urban extensions(1) of these towns and villages where identified in adopted Area Plans: otherwise new housing will be permitted in the countryside only in the following exceptional circumstances: - (a) essential housing for agricultural workers in accordance with Housing Policies 7, 8, 9 and 10; - (b) conversion of redundant rural buildings in accordance with Housing Policy 11; and - (c) the replacement of existing rural dwellings and abandoned dwellings in accordance with Housing Policies 12, 13 and 14." ### 5.0 Representations 5.1 Laxey Commissioners and the DOI Highway Services indicate that they do not oppose the application. 5.2 The Environmental Health Officer (DEFA) indicating the applicant is required to register the flat prior to occupation. 5.3 The owner/occupier of Seabank, The Promenade, Laxey has no objection to the proposal but has noted that from top of the rear external staircase persons could look into the skylights of their shed which accommodates a toilet/sauna. They have discussed the matter with the applicant who has agreed to install opaque glazing into the skylights. ### 6.0 Assessment 6.1 Business Policy 13 indicates that 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. There are residential properties adjoin the existing dwelling given the existing buildings to the rear; However, it is not considered the use of this building for tourist accommodation would compromise the amenities of neighbouring residents. 6.4 It is considered the use of the existing residential dwelling for tourist accommodation would have a similar impact, whether it is used for tourist or permanent residential use and therefore would not have a significant impact upon the residential amenities of the neighbouring property. ### 7.0 Recommendation 7.1 Overall, it is considered that the proposal would comply with the relevant planning policies of The Isle of Man Strategic Plan (20th June 2007), and for the reasons set out in this report, it is recommended that the application be approved. 7.1 For these reasons the proposal is considered to comply with the relevant polices of the Strategic Plan and therefore recommended for an approval. ### 8.0 Party Status 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons 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 applicant or, if there is one, the applicant's agent; the owner and occupier of the land the subject of the application; Highway Services, and the Local Authority in whose district the land the subject of the application sits. 8.2 In line 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 owner/occupier of Seabank, The Promenade, Laxey 8.3 In line 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 not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application: The Environmental Health Officer (DEFA) ### Recommendation Recommended Decision: Permitted Date of Recommendation: 08.07.2014 ## Conditions and Notes for Approval / Reasons and Notes for Refusal C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal - : Notes attached to refusals 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. This approval relates to Drawings reference JK1, JK2A, JK2B and 3 all received on 23rd May 2014. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer. Decision Made : Permitted Date : 10/7/14 ### Determining officer (delete as appropriate) Signed : ... Chris Balmer Senior Planning Officer Signed : ... Michael Gallagher Director of Planning and Building Control Signed : ... Sennifer Chance Head of Development Management --- *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/34755-lonan-oirr-ushtey/documents/1089620*