**Document:** DEC Officer Report
**Application:** 22/00171/B — Additional use of eight self-contained tourist accommodation units (class 3.6) as residential apartments (class 3.4), erection of front and rear balconies, and alterations to windows to form doors
**Decision:** Permitted
**Decision Date:** 2024-06-06
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/54302-rushen-falcons-nest-apartments-erection-windows/documents/1098844

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# DEC Officer Report

**Application No.:** 22/00171/B
**Applicant:** B.E.T. Phoenix Limited
**Proposal:** Additional use of eight self-contained tourist accommodation units (class 3.6) as residential apartments (class 3.4), erection of front and rear balconies, and alterations to windows to form doors
**Site Address:** Falcons Nest Apartments Strand Road Port Erin Isle Of Man IM9 6HB Senior
**Planning Officer:** Jason Singleton
**Expected Decision Level:** Planning Committee
**Recommended Decision:** Permitted
**Date of Recommendation:** 14.11.2022

## 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.

- C 2. The application here by approved shall only be used in accordance with Class 3.3'Dwellinghouse' and Class 3.6 'Self-contained self-catering units' as defined in the Town and Country Planning (Use Classes) Order 2019, or subsequently amended. REASON To ensure appropriate use of the building in accordance with this application.

N. The decision to grant planning approval, subject to a Section 13 agreement, was made by Planning Committee on the 21.11.2022. The issue of the decision notice has been triggered by the Section 13 agreement having been concluded. The 21 days for appeal (for those with Interested Person Status) runs from the date of the decision notice.

This application has been recommended for approval for the following reason. The proposed application would be compliant with Housing Policy 17, Business Policy 13, General Policy 2 of the Strategic Plan and the Residential Design Guide 2021.

Plans/Drawings/Information; This decision relates to drawings and information submitted on 9th February 2022, referenced;

## - 2018-100.00.A - 2018-100.01.A

- 2018-100.10.A
- 2018-100.11.A _______________________________________________________________

## Interested Person Status

Additional Persons

It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

The Old Police Station, Strand Road, Port Erin as they satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018).

It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 6(4):

Lincluden' 9 Glenview Terrace, as they do not refer to the relevant issues in accordance with paragraph 2C of the Policy _____________________________________________________________________________ Officer’s Report

THE PLANNING APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THERE ARE 8 OR MORE RESIDENTIAL UNITS AND A SECTION 13 LEGAL AGREEMENT IS REQUIRED

1.0 THE SITE - 1.1 The application site represents the curtilage of 'Falcons Nest Apartments' Strand Road, Port Erin. The building is a detached block of eight self-contained apartments across 4 floors with two apartments per floor. - 1.2 The building sits to the east of Strand Road, between the stone railway shed, the former police station and the rear of 1- 10, Glen View. The building is four storeys high with the top level incorporated partially in the roofspace. The site accommodates sixteen parking spaces associated with the apartments and an additional 14 spaces on the access road to the building. - 1.3 Originally, The units were proposed and approved (see below planning history) all as affordable units and were intended to be allocated through the local authority as such.

## - 2.0 THE PROPOSAL

2.1 Proposed is the additional use of eight self-contained tourist accommodation units (class 3.6) to allow for longer occupation of the units to allow for residential apartment use (class 3.4).

2.2 Also proposed is the erection of front (west) and rear (east) balconies, and alterations to windows to form patio doors leading out onto the proposed balconies. The balconies would measure a footprint of 1.7m deep and vary from 2.8m-3.0m wide and would be uniform in their appearance across all the floors. The balconies would be enclosed with glass balustrade 1.2m high to the front and sides with the exception of the glazing on the south elevation (side) facing Glen View Terrace would be privacy glass / frosted glazing at 1.5m high.

## - 3.0 PLANNING POLICY

3.1 The site is designated as; "Mixed Use" on Map 7 (Port Erin/ Port St Mary) of the area plan for the south. The site is within a Proposed Conservation Area - since 2009. Tourism Proposal1 identifies Falcon's Nest Hotel as important to tourism and states proposals for redevelopment or re-use will not be permitted unless it can be demonstrated that hotel use is no longer commercially viable. There are no registered trees on site and the site is not within an area of flood risk.

3.2 The Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically material to the assessment of this current planning application; Spatial Policy 2 - Priority for new development to identified towns and villages General Policy 2 - General development control principles Housing Policy 5 - 25% affordable housing provision Housing Policy 17 - Conversion of building to flats Business Policy 13 - use of private residential properties as tourist accommodation - 3.3 OTHER MATERIAL CONSIDERATIONS; Residential Design Guidance 2021 provides advice on the design of new houses and

extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property.

## 4.0 PLANNING HISTORY

4.1 09/02082/C - Change of use of eight existing residential apartments to self contained tourist accommodation units.

C.1. This permission relates to the use of the eight apartments as shown in drawings K206/P/10-01, K206/P/10-03, K206/P/10-05 and K206/P/10-07 all received on 21st December, 2009 as tourist accommodation.

- C.2. The use must be taken up within four years of the date of this notice in order for

this approval to remain valid after that time.

- C.3. The units may be used only as tourist accommodation where tourism is defined as

set out below in accordance with the provisions of the Strategic Plan and for clarification may not be occupied as a person's main place of residence…. Tourism has been defined by the Tourism Society as "the temporary short term movement of people to destinations outside the places where they normally live and work and their activities during their stay at these destinations" and it covers a very wide range of activities and types of development. This may include travel and visits for business, professional and domestic purposes as well as for holidays and recreation.

- C.4. The owner/operator shall maintain an up to date register of the names of all

owners/occupiers of the individual units on the site and of their main home addresses and shall make this information available at all reasonable time to the Planning Authority.

Note. In the event of a subsequent proposal to change the use of the property from tourist use to general housing a further planning permission will be required. In such circumstances it is advised that Policy 5 of the approved Strategic Plan (provision of affordable housing) will apply.

4.2 07/02362/B - Erection of a block of eight apartments with car parking and landscaping and improvement to remaining car park for hotel use.

- C.1. The development hereby permitted shall commence before the expiration of four

years from the date of this notice.

- C.2. This permission relates to the erection of an apartment building with associated car

parking and landscaping all as shown in drawings K119/P/10-01, -/02, -/03 and -/04 all received on 21st December, 2007.

C.3. All eight units must be provided as apartments for the over 55s only. None of the units may be occupied until such times as there is in place a legal agreement between the developer and the Department ensuring the provision of all of the apartments as affordable units under the provisions of the House Purchase Assistance Scheme 2007 or through rental through the public sector.

- C.4. Prior to the commencement of building works a sample of the external wall finish must be approved by the Planning Authority.
- C.5. The roof(s) must be finished in natural slate or a high quality imitation slate which must be approved by the Planning Authority PRIOR to the commencement of works.

## - 5.0 REPRESENTATIONS

5.1 Port Erin Commissioners had not commented at the time of writing despite being consulted on the 23/02/22.

5.2 Highways Services do not object (No Highways Interest) 03.03.22

5.3 The Old Police Station, commented (02/04/22) to OBJECT to the installation of the balconies as it will overlook their property; the increase in vehicle usage affecting their access to their property and driveway. - 5.4 'Lincluden' 9 Glenview Terrace, (15/07/22) has no objections to the proposals, but seek the removal of the large unsightly container on site that backs onto their property and is an eyesore. They request its removal. - 5.5 The applicant has commented on the application (21.07.22; 18.07.22; 17.04.22) to confirm the removal of the container on site and addresses the concerns raised as part of the standard consultation.

## - 6.0 ASSESSMENT

- i. Principle (Sp2, HP17, BP13)
- ii. Visual impact (Gp2b,c)
- iii. Neighbouring amenity (GP2g RDG)
- iv. Highway safety (GP2h&i) V. Affordable Housing (HP5)

Principle

6.1 The application site is within the designated service centre (SP2) and within the defined area of Port Erin, as such the general presumption for 'development' to add balconies to the property here is acceptable, in principle. The planning history and the level of use through occupation of the apartments is somewhat unique and presents its own problems. Originally built and conditioned through planning for over 55's as affordable housing to be used by the local authority, then amended to solely for tourist use and conditioned as such to preclude the use for the apartments being used as "a person's main place of residence".

6.2 In this instance, this application proposes the use would be a blend of residential and tourist use, and would in essence vary the wording of Condition 3 of PA 09/02082/C. The principle of conversion, whilst not strictly in a residential area, would be acceptable given the current layout and internal space provided for of each apartment. There is adequate provision for onsite parking available for occupants and the existing outlook would equally be acceptable which would meet the test of HP17.

6.3 In considering the proposal, there is little discernible difference between the use as residential and that of tourism, in this setting. Furthermore it is not considered the proposed tourist use would be any different than that of a friend or family member occupying the unit as residential and vice versa. In this case it is not considered there to be any adverse impact on the neighbouring residential amenity in terms of use, and as such, this aspect complies with General Policy 2(g) and Business Policy 13. Given it is a mixed proposal it is not considered to be contrary to Tourism Proposal 1 in the APS.

6.4 In terms of use of the site for tourism and residential and overall housing provision. As the site is in a mixed area that allows for provision of residential and is providing residential it is considered that there is a requirement for affordable housing provision (25% for 8 or more units). Albeit it is recognised that it is at the lower end of the policy being 8 units. In this instance, given the ambiguous planning history and previous condition limiting the use to tourist use, this proposal can be further reinforced with a suitably worded condition to ensure the units are used within Class 3.3-'Dwellinghouse' and Class 3.6 'Self-contained self-catering units' (as per this application) as defined in the Town and Country Planning (Use Classes) Order 2019. Visual Impact - 6.5 The proposed installation of the balconies would be uniform in appearance on the front (West) elevation when approached from the Highway and equally the same design on the rear elevation (East) that looks over the children's play park. The internal room configuration of the apartments remains the same across all the floors with the living room on the rear, facing the park and bedrooms on the front facing over the car park and towards the rear of 'The old police station'. The inclusion of the balconies would not be considered to affect the overall visual appearance of the building and the use of glass balustrade would seek to minimise the overall vertical aspect, in terms of the visual impact of the proposal. As such the design and inclusion of the balconies is deemed to be compliant with GP2b,c. Neighbouring Amenity - 6.6 The comments from the neighbouring property are noted in para 5.3. It is important to understand the existing level of overlooking and the distances involved. When this is measured from the submitted drawings would be approx. 33m between the nearest vertical elements of the respective properties. The existing outlook from these windows is across the car park and towards the rear of the old police station and their garage, driveway at the rear. Also viewable is the rears of Glen View Terrace and the Railway Museum to the respective sides at 90deg to the site. - 6.7 In this case we turn to the RDG which offers guidance on overlooking, in section 7.0 it refers to the hierarchy of room with primary rooms being living rooms and secondary rooms being bedrooms. In this instance the rooms facing west serving the balcony would be a bedroom (secondary room) and section 7.5 refers to overlooking and the intervening distances and the "20m guide". As the distances involved here are in excess of 20m from a secondary room, it is not considered the installation of balconies to the west elevation would result in a loss of privacy through overlooking to the occupants of the Old Police Station in accordance with Gp2g and the RDG. Highway Safety

6.8 Highway Services have considered the merits of the application from a highway safety aspect and do not object, in this instance. Having considered the highways safety aspect and the use of the existing entrance in a safe and appropriate manner with parking and manoeuvring within the site, it would not be considered to have any adverse impact on the existing highway or upon those users entering and exiting the site. As such the proposal would be considered to align with the principles of GP2h&i. Affordable Housing - 6.9 As the proposal is offering 8 dwellings, consideration has to be given to whether any provision or commuted sum for affordable housing is provided. In terms of use of the site for tourism and residential and overall housing provision, whilst not strictly designated as residential on the Area Plan, if we are accepting the use of residential on site (as an option within mixed use), and there are more than 8 dwellings, Housing Policy 5 would be appropriate and would seek 25% affordable housing or in lieu of this a commuted sum. As such a legal agreement (Section 13) would be required in this instance.

## - 7.0 CONCLUSION

7.1 For the above reasons, it is concluded that the alterations would be an appropriate form of development that does not harm the use and enjoyment of neighbouring properties and would comply with aforementioned planning policies of the Isle of Man Strategic Plan 2016, and is recommended for approval. - 8.0 S.13 REQUIREMENTS

8.1 It is recommended that Planning Committee approve the application subject to a S.13 Legal Agreement containing the following (and that if the S.13 agreement is not completed within 6 months of the date of this Committee, that it be brought back before the Committee for reconsideration):

- seeking 25% affordable housing or in lieu of this a commuted sum as per HP5.

## - 9.0 INTERESTED PERSON STATUS

9.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

- (a) the applicant (including an agent acting on their behalf);
- (b) any Government Department that has made written representations that the Department considers material;
- (c) the Highways Division of the Department of Infrastructure;
- (d) Manx National Heritage where it has made written representations that the Department considers material;
- (e) Manx Utilities where it has made written representations that the Department considers material;
- (f) the local authority in whose district the land the subject of the application is situated; and
- (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 9.2 The decision maker must determine:

- o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
- o whether there are other persons to those listed above who should be given Interested Person Status

This Officer recommendation to approve this application subject to the applicant entering into a legal agreement was originally considered at a meeting of the Planning Committee 21.11.2022 where the members determined to approve the application subject to a legal agreement securing provision of

Affordable Housing

At that meeting the Members wished it minuted that once such agreement was in place the decision to approve the application could be made under the authority delegated to an appropriate officer of the Directorate.

In accordance with that instruction, this application has been ultimately determined in that manner.

I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to that body by the appropriate DEFA Delegation and that in making this decision the Committee has agreed the recommendation in relation to who should be afforded Interested Person Status.

Decision Made : Permitted Committee Meeting Date: 21.11.2022

Signed : Jason Singleton Presenting Officer

Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).

Signatory to delete as appropriate YES/NO 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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*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/54302-rushen-falcons-nest-apartments-erection-windows/documents/1098844*