**Document:** DEC Officers Report
**Application:** 14/00765/C — Change of use from tourist accommodation to residential
**Decision:** Permitted
**Decision Date:** 2014-08-04
**Parish:** Lonan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/34885-lonan-glen-roy-cottages-change-of-use/documents/1090118

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# 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 comprises of 1 Glen Roy Cottages, Old Laxey Hill, Laxey which is a modern two storey detached property located on the western side of Old Laxey Hill.

2.0 PLANNING POLICY 2.1 The application site is within an area of 'predominantly residential use' under the Isle of Man Planning Scheme (Laxey and Lonan Area Plan) Order 2005, hereafter referred to as the Laxey and Lonan Area Plan. The site is within a Conservation Area. 2.2 In terms of planning policy the Isle of Man Strategic Plan 2007 contains two policies that are considered specifically material to the assessment of this current planning application. 2.3 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

[Table omitted in markdown export]

- (n) is designed having due regard to best practice in reducing energy consumption."

2.4 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."

2.5 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."

## 3.0 PROPOSAL

3.1 The planning application seeks approval for the change of use from tourist accommodation to residential accommodation. 4.0 PLANNING HISTORY 4.1 The following previous application is considered relevant in the consideration of this application: 4.2 Change of use from residential to tourism accommodation - 09/01086/C - APPROVED 5.0 REPRESENTATIONS 5.1 Laxey Commissioners recommend approval. 5.2 The Department of Infrastructure Highways Services have no objection.

## 6.0 ASSESSMENT

6.1 The property until recently was a modest two-bedroom property with on-site car parking provision for two cars. In 2009 permission was granted to use the dwelling for tourist use from a dwelling.

6.2 Overall, given the property was used as a dwelling for a significantly greater period than a holiday cottage, and that no objections from local residents have been received, it is considered the use of the property as a dwelling again, is acceptable in this case.

## 7.0 RECOMMENDATION

7.1 Overall, it is considered the proposal would comply with the Isle Of Man Strategic Plan therefore it is recommended that the application be approved.

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.

### Recommendation

Recommended Decision: Permitted

Date of Recommendation: 29.07.2014

## 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 the submitted documents and drawings all received on 26th June 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 : 29/7/14

Determining officer (delete as appropriate)

Signed : _________________________
Chris Balmer

Senior Planning Officer

Signed : _________________________
Michael Gallagher
Director of Planning and Building Control

Signed : _________________________
Jennifer Chance
Head of Development Management

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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/34885-lonan-glen-roy-cottages-change-of-use/documents/1090118*
