**Document:** Officer Report
**Application:** 25/90635/C — Change of use from tea rooms to residential (retrospective)
**Decision:** Permitted
**Decision Date:** 2025-09-17
**Parish:** Ramsey
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/32783-lezayre-former-lezayre-tea-change-of-use/documents/1144611

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# Officer Report

**Application No.:** 25/90635/C
**Applicant:** Robert And Rosa Philips
**Proposal:** Change of use from tea rooms to residential (retrospective)
**Site Address:** Former Lezayre Tea Rooms Sycamore House Glen Duff Isle Of Man IM7 2AT
**Planning Officer:** Paul Visigah
**Photo Taken:** 01.09.2025
**Site Visit:** 01.09.2025
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 16.09.2025 _________________________________________________________________

## 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 area subject to this change of use shall be used solely as part of the residential accommodation associated with Sycamore House and shall not be occupied, sold, or let as a separate dwelling without the prior written approval of the Department.

Reason: To prevent the creation of a separate planning unit and to ensure the development remains compatible with the surrounding area.

- C 3. All existing trees within the red line boundary, as identified on the approved plans, shall be retained and protected from damage for the duration of the use hereby approved. No excavation, storage of materials, or other operations shall take place within the root protection areas of these trees.

Reason: To ensure the protection of existing trees in accordance with the approved plans, in the interest of visual amenity and the landscape character of the area.

- C 4. Notwithstanding the provisions of the Town and Country Planning (Permitted Development) Order 2025 (or any Order revoking and/or re-enacting that Order with or without modification):

- o no free-standing buildings or structures; and
- o no gate, fence, wall or other means of enclosure

shall be erected or altered within the extension to the curtilage of the dwelling hereby approved without the prior written approval of the Department.

Reason: To retain control over future development in the interests of visual amenity and to prevent intensification of use in a countryside location.

## This application has been recommended for approval for the following reason.

The proposed change of use of the former tea room to residential accommodation is considered to comply with the provisions of the Strategic Plan. The development does not involve new built form, subdivision, or intensification, and does not rely on exceptional countryside development provisions. It aligns with the spatial containment objectives of Strategic Policy 2 and Spatial Policy 5, supports the sustainability aims of Strategic Policy 1 through the efficient reuse of existing built fabric, and satisfies the general development criteria under General Policy 2, particularly in relation to site context, infrastructure use, and amenity. While the extension is redundant for its previous commercial use, the proposal does not fall to be assessed under Housing Policy 11, as the building is not a standalone rural structure, nor does the proposal involve physical works or a change of use that would materially affect the building's character or landscape setting. The development preserves the character of the locality and does not result in any adverse impacts on neighbouring amenity.

Plans/Drawings/Information; This decision relates to the following documents and plans:

- o Location Plan (Drawing No. RP/101/1)
- o Site Plan (Drawing No. RP/101/2)
- o Existing Floor Plan; and
- o Proposed Floor Plans

_________________________________________________________________ Right to Appeal

It is recommended that the following organisations should NOT be given the Right to Appeal:

- o DOI Highways - No objections
- o Lezayre Commissioners - No objections _________________________________________________________________

## Officer’s Report

1.0 THE SITE - 1.1 The application site comprises the former Lezayre Tea Rooms, a single-storey extension physically attached to Sycamore House, Glen Duff, Ramsey. The Tea Rooms were added at a later date and are not present on historic maps, which shows only the original cottage. Architecturally, the extension is non-traditional, featuring timber cladding and large glazed openings. Its flat roofed finish contrasts with the host building, yet its siting within the curtilage makes it visually prominent. - 1.2 Sycamore House is a traditional two-storey cottage with a white-rendered exterior, offset chimney, and vertically aligned, modestly proportioned windows. These features are broadly consistent with vernacular cottages. However, the presence of metal roofing and timber panelling on the eastern gable introduces contemporary detailing not typical of historic Manx cottages. The cottage is the original built form on the site, as evidenced by its presence on 1860s mapping.

1.3 The site lies on the northern side of Lezayre Road. Its eastern boundary is situated immediately west of the single-lane access road leading to Glen Duff House, which lies further north. Laurel Mount House, Glen Duff, is located directly south of the site's exit. The surrounding area is semi-rural in character, with mature vegetation and dispersed residential plots. - 1.4 The site is relatively level and lies slightly below the level of Lezayre Road to the south. The western, eastern and southern boundaries of Sycamore House are screened by a combination of walls and mature trees, limiting visibility from public vantage points. However, distant views of the site are possible from Glen Duff House across the intervening fields.

2.0 THE PROPOSAL - 2.1 The application seeks retrospective planning permission for the change of use of the Team Rooms/take-away to residential. The application seeks a pure change of use only with no works proposed. - 2.2 The application is supported by plans which show that the current original layout which supported two large team rooms, kitchen, Cold preparation area, WC's and Office, is to be changed to a living room, two bedrooms, and a large kitchen with the toilets retained. - 2.3 The applicant states that the area outlined in red has not operated as a 'tea room' since the onset of COVID restrictions in March 2020, though it was used intermittently on several weekends for take-away purposes before closing completely. They further confirm that the tea room areas have since been used solely as part of a domestic dwelling, and that the entire property has been rated as residential for the past four years. - 2.4 Rainwater run-off and foul sewage from the proposed development will be disposed of via existing systems. The site benefits from access to ten parking spaces, and no changes are proposed to the existing vehicular access arrangements.

3.0 PLANNING POLICY - 3.1 Site Specific:

- 3.1.1 The site lies within an area that is not designated for any particular purpose under the 1982 Plan and is therefore in open countryside. The site is not within a Conservation Area, or area at risk of flooding, but is within an Area of High Landscape or Coastal Value and Scenic Significance.

### 3.2 National: STRATEGIC PLAN

- 3.2.1 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application;

- 1. General Policy 2 - General Development Considerations
- 2. General Policy 3 - Exceptions to development in the countryside
- 3. Strategic Policy 2 - Priority for new development to identified towns and villages
- 4. Strategic Policy 4(b) - Protection of built heritage and landscape conservation
- 5. Strategic Policy 5 - Design and visual impact.
- 6. Strategic Policy 10 - Sustainable transport
- 7. Spatial Policy 5 - New development will be located within the defined settlements or permitted in the countryside in accordance with General Policy 3.
- 8. Environment Policy 1 - Protection of the countryside and ecology.
- 9. Environment Policy 2 - Protection of Areas of High Landscape or Coastal Value and Scenic Significance.
- 10. Environment Policy 4 - Wildlife and Nature Conservation.
- 11. Paragraph 8.10 - Conversion of Rural Buildings to Dwellings.
- 12. Housing Policy 4 - Sets criteria for new Housing in the Countryside
- 13. Housing Policy 11 - Conversion of rural buildings to dwellings.
- 14. Transport Policy 4 - Highway safety

- 15. Transport Policy 7 - Parking provisions

### 3.3 Area: AREA PLAN FOR THE NORTH AND WEST

- 3.3.1 It must be noted that at the time of writing, the Draft Area Plan for the North and West is not formally adopted and is only, at this stage, a broad direction of how planning policy is reviewing the areas. Their proposals can still be challenged at a public enquiry where an inspector could reach a different opinion to the drafts. The final draft would also need to be ratified by COMIN. This means that the 1982 development plan remains the correct land use designation, and no material weight is given to the Draft Area Plan for the North and West.
- 4.0 OTHER MATERIAL CONSIDERATIONS

4.1 RESIDENTIAL DESIGN GUIDE (2021) This document 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 properties and sustainable methods of construction. - 5.0 PLANNING HISTORY

5.1 The application site has been the subject of the following planning applications, which are material to the consideration of the current proposal:

- 1. PA 84/01202/B for Extension to restaurant, Glenduff Restaurant, Lezayre Road, Lezayre (Approved).
- 2. PA 93/00180/B for Replacement of asbestos tiles with polycarbonate sheeting, storeroom roof, Laurel Mount Cottage, Glen Duff, Lezayre - Refused.
- 3. PA 99/00975/A for Approval in principle for extension to provide additional living accommodation, Lezayre Tea Rooms, Lezayre (Approved).
- 4. PA 02/01048/A for Approval in principle for erection of dwelling and removal of living accommodation from cafe, Lezayre Tea Rooms - Approved.

Planning approval in principle was granted on appeal for the erection of a two-storey dwelling to the rear of the Lezayre Tea Rooms, intended to replace the residential accommodation within the café. The Inspector accepted the principle of residential use on the site but found the proposed dwelling (253 sqm) to be overly dominant and out of scale with the original cottage, particularly within the Area of High Landscape Value and Scenic Significance. Approval was therefore subject to conditions limiting the dwelling's floorspace to 150 sqm, requiring a ridge height no greater than the existing cottage, and ensuring integration with the existing building group. The dwelling was also to remain ancillary to the café use. The approved scheme was, however, not implemented.

- 5. PA 04/02113/B for Erection of new dwelling and replacement shed, Lezayre Tea Rooms, Glen Duff, Ramsey - Approved.

The application sought approval for the erection of a dwelling and a replacement shed within the curtilage of Lezayre Tea Rooms. Although the application was not submitted as reserved matters, significant weight was given to the earlier approval in principle granted on appeal under PA 02/01048/A. It was considered that the proposed dwelling complied with the size, height, and design conditions imposed by that approval. The condition relating to the occupation of the dwelling was recommended to be retained. The replacement shed was considered unobjectionable due to its similarity to the existing structure. The application was also not implemented.

- 6. PA 08/00055/A for Approval in principle for the erection of a replacement dwelling and buildings, driveway, access gateways and landscaping, Sycamore House, Glen Duff, Ramsey Approved.

- The application sought approval in principle for the complete demolition of the existing built form and its replacement with a new dwelling, outbuildings, driveway, access gateways, and landscaping. The proposal was assessed against the Isle of Man Strategic Plan 2007 and found to comply with General Policy 3 and Housing Policy 12. While illustrative plans showed a substantial new dwelling, detailed matters of scale and design were reserved for later consideration under Housing Policy 14. The site lies within an Area of High Landscape and Scenic Significance, but it was concluded that redevelopment could be achieved without undue harm to landscape character. The application was approved, subject to conditions.
- 7. PA 09/00486/LAW for Application for a certificate of lawful use of extension as a separate dwelling, The Bungalow Adjacent To Former Lezayre Tea Rooms Glen Duff Approved.

The application sought a Certificate of Lawfulness for the use of an extension, known as The Bungalow, as a separate dwelling from Sycamore House. The applicant submitted documentary evidence including title deeds, rate demands, utility bills, correspondence, and a photographic survey. It was concluded that, on the balance of probabilities, the building had been used continuously as a separate, self-contained dwelling for a period exceeding ten years. The application was approved and a Certificate of Lawfulness was issued.

- 8. PA 09/02062/B for Demolition of existing buildings and erection of two dwellings with landscaping and vehicular accesses, Sycamore House, The Bungalow Former Lezayre Tea Rooms, Glen Duff, Ramsey - Approved.

The application proposed the demolition of Sycamore House, The Bungalow, and associated commercial buildings (including the former Café Rosa), and their replacement with two traditionally designed dwellings. The existing buildings were considered to be of poor form and visually intrusive, particularly due to flat-roofed extensions, signage, and hardstanding visible from the public highway. Although the proposed dwellings represented a 118% increase in floor area over the combined existing buildings, the development was considered acceptable under Housing Policy 14 due to the improved design, reduced visual impact, and lower finished floor levels. The dwellings were to be sited further from the highway and set into the sloping ground, with substantial landscaping proposed to soften their appearance. The application was approved as a comprehensive redevelopment of the site. This was not implemented.

- 9. PA 12/00527/B for Part demolition of existing building and erection of a dwelling on adjacent land, Sycamore House, Glen Duff, Ramsey - Approved.

The application sought permission to demolish the existing building known as The Bungalow and construct a new dwelling on adjacent land to the west. The proposal formed part of a phased implementation of extant approval PA 09/02062/B, which required both existing dwellings on the site to be demolished prior to redevelopment. This application allowed for the construction of one replacement dwelling at a time. The submitted plans showed the new dwelling occupying a separate plot (Plot 1), with associated landscaping and tree planting. The siting and design of the proposed dwelling matched that previously approved. The application was approved subject to conditions consistent with the earlier permission.

- 10. 14/00909/B for Part demolition of existing building and erection of a dwelling on adjacent land - Approved. The application proposed the demolition of The Bungalow and its replacement with a traditionally designed two-storey dwelling. The proposal followed earlier approvals under PA 09/02062/B and PA 12/00527/B but reduced the footprint and height of the previously approved dwelling. Although the new dwelling represented a 291% increase in floor area over The Bungalow alone, the fallback position established by earlier approvals was material. The revised design reduced visual impact through lower ridge height, smaller footprint, and

improved materials. The application was approved on the basis that it would result in no greater visual impact than the previously approved scheme.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 DOI Highways find the proposal to have no significant negative impact upon highway safety, network functionality and/or parking as the proposed use would have a similar or less parking and access demand to the existing site use(30 June 2025).

6.2 Lezayre Commissioners - No objection unanimous (10 July 2025). - 6.3 DEFA Forestry has reviewed the application and confirmed that no registered trees are affected. While there are notable trees within the red line boundary, the development is unlikely to impact them. As such, they have no objections to the proposal in its current form, but request that a standard tree retention condition be applied if the application is approved (11 July 2025). - 6.4 No representations have been received from members of the public.

## - 7.0 ASSESSMENT

7.1 The fundamental issues to consider in the assessment of this application are:

- 1. The principle of the proposed development;
- 2. Impact on the character of the site and locality; and
- 3. Impact on neighbouring amenity

7.2 It is judged that there would be no impact on parking and highway safety as there would be no changes to the vehicular access o the site. The site also has provision for 10 parking spaces which exceeds the parking requirements for residential properties stipulated in the Strategic plan. - 7.3 In terms of potential impacts on trees, the scheme does not propose any physical works to the building or site area, and as such, no direct impacts on trees within the site are anticipated. However, in light of the comments received from DEFA Forestry, it is considered necessary to include a standard tree retention condition to ensure that existing trees are appropriately protected throughout the development process. - 7.4 PRINCIPLE OF DEVELOPMENT (Strategic Policies 1 & 2, Spatial Policy 5, General Policies 2 & 3, Housing Policy 11)

- 7.4.1 In assessing the principle of the proposed development, it is considered that the proposal seeks retrospective planning permission for the change of use of a non-residential extension, formerly operating as the Lezayre Tea Rooms and takeaway, to residential use. The building is physically attached to Sycamore House and lies entirely within its curtilage. No physical works are proposed, and the internal layout has already been adapted for domestic occupation. The applicant confirms that the commercial use ceased in early 2020 and that the space has since functioned solely as part of the dwelling, with the entire property rated as residential for the past four years.
- 7.4.2 The Strategic Plan's spatial strategy (Strategic Policy 2) directs new development to defined settlements and restricts development in the countryside to exceptional circumstances, as detailed in General Policy 3. Similarly, Spatial Policy 5 reinforces this by permitting development only within defined settlements. In this case, the proposal does not involve the creation of a new dwelling, nor does it introduce new built form or intensify land use. It seeks change to domestic use of an existing extension that is physically and functionally integrated with the host dwelling. As such, the proposal does not conflict with the containment principles

- of Strategic Policy 2 or the locational restraint set out in Spatial Policy 5, nor does it trigger any of the exceptional countryside development criteria under General Policy 3.
- 7.4.3 Housing Policy 11 provides a framework for the conversion of redundant rural buildings, but its criteria are tailored to standalone structures of architectural, historic, or social value, typically involving physical works to facilitate residential use. In this case, the building is not detached, does not require renovation, and is integrally connected to a dwelling with established domestic function. Therefore, applying HP11 rigidly would be disproportionate and inconsistent with the building's integrated residential use. Furthermore, the proposal does not meet the qualifying criteria under General Policy 3(b), as the structure lacks the architectural or historic merit typically required to justify rural conversion exceptions. The proposal is therefore more appropriately assessed under General Policy 2, which supports development that respects site context, avoids adverse amenity impacts, and utilises existing infrastructure. Given that the building forms part of an established residential property and is located within a residential setting, the change of use aligns more closely with the general development principles set out in General Policy 2 of the Strategic Plan.
- 7.4.4 In addition to the factors outlined above, the reuse of under-utilised built fabric within an established curtilage aligns with the sustainability objectives of Strategic Policy 1, which promotes the efficient use of land and buildings. The proposal consolidates the residential function of the site, previously supporting a mixed-use arrangement, without introducing new built form, subdivision, or intensification. It does not undermine the Strategic Plan's spatial strategy or environmental safeguards and makes effective use of existing infrastructure and land within a residential setting.
- 7.4.5 In conclusion, the proposal is considered acceptable in principle. Although the site lies within the countryside, the development does not constitute the creation of a new dwelling, introduce new built form, or result in the intensification of land use. The change of use relates to an existing, physically integrated extension within the curtilage of a residential property, and its domestic function has been established over several years. While the proposal does not meet the exceptional criteria for countryside development under General Policy 3, it also does not conflict with the spatial containment objectives of Strategic Policy 2 or Spatial Policy 5, as no subdivision or new residential unit is proposed. The reuse of existing built fabric within an established curtilage supports the sustainability aims of Strategic Policy 1, and the proposal satisfies the general development criteria set out in General Policy 2, particularly in relation to site context, infrastructure use, and amenity. On balance, and subject to detailed assessment under other relevant policies, the proposal is considered to comply with the Strategic Plan and is therefore acceptable in principle.

7.5 IMPACT ON THE CHARACTER OF THE SITE AND LOCALITY (General Policy 2; Strategic Policy 3; Strategic Policy 4; Strategic Policy 5; Environment Policy 2)

- 7.5.1 The proposed change of use does not involve any physical alterations to the building or surrounding site area. As such, the existing built form, boundary treatments, and landscape features will remain unchanged. The building is already physically integrated into Sycamore House, sharing party walls, and is screened from public vantage points by mature trees and boundary walls. While distant views are possible from Glen Duff House, the absence of external works ensures that the visual and spatial character of the site remains unaffected.
- 7.5.2 In terms of policy alignment, the proposal satisfies General Policy 2, which requires development to be compatible with its surroundings and not to harm the character or amenity of the area. The retention of the existing built form and landscape features ensures that the proposal does not detract from the setting or visual quality of the locality. The proposal also aligns with Strategic Policy 3, which seeks to protect and enhance the individual character of towns and villages by avoiding coalescence and respecting local materials and character. While the site lies in open countryside, the change of use does not introduce new built form or

- intensify development in a way that would undermine the character or separation of settlements.
- 7.5.3 Furthermore, Strategic Policy 4 supports the protection of landscape quality and heritage value, particularly in areas of scenic significance. The site lies within an Area of High Landscape or Coastal Value and Scenic Significance, and the absence of physical works ensures that the landscape setting and its contribution to Manx heritage identity are preserved. The proposal also satisfies Strategic Policy 5, as it does not introduce any new design elements that could impact visual amenity or character.
- 7.5.4 Overall, the proposal represents a low-impact change that respects the established character of the site and its wider landscape setting and is consistent with the relevant strategic and environmental policies.

7.6 IMPACT ON NEIGHBOURING AMENITY (General Policy 2 and the Residential Design Guide 2021)

- 7.6.1 In assessing potential impacts on neighbouring amenity, it is noted that the proposed change of use would increase the extent of living space beyond that provided by the original cottage. Notwithstanding this, the areas subject to the change are single-storey and do not introduce any overlooking. Moreover, the existing boundary treatment sits at a higher elevation relative to the former tea room, further constraining any potential views and mitigating visual intrusion.
- 7.6.2 In addition, the timber buildings positioned on the western part of the site, located between the former tea room and the site boundary provides further screening. This ensures that the development does not result in overlooking, nor is it itself overlooked by the neighbouring two-storey property, which is situated approximately 35 metres from the west elevation of the former tea room.
- 7.6.3 Based on the foregoing, it is considered that the proposed change of use would not result in any adverse impacts on neighbouring amenity, either for adjacent residents or for occupants of the extended dwelling.

## - 8.0 CONCLUSION

8.1 The proposed change of use of the former tea room to residential accommodation is considered acceptable when assessed against the Strategic Plan as a whole. The development does not involve new built form, subdivision, or intensification, and does not rely on exceptional countryside development provisions. It aligns with the spatial containment objectives of Strategic Policy 2 and Spatial Policy 5, supports the sustainability aims of Strategic Policy 1 through the efficient reuse of existing built fabric, and satisfies the general development criteria under General Policy 2, particularly in relation to site context, infrastructure use, and amenity. The absence of physical works ensures that the proposal preserves the character of the site and its wider landscape setting, including its location within an Area of High Landscape or Coastal Value and Scenic Significance, in accordance with Strategic Policies 3, 4, and 5 and Environment Policy 2. Furthermore, the development does not result in any adverse impacts on neighbouring amenity, with adequate separation, screening, and site layout mitigating potential effects. On balance, the proposal is considered to comply with the Strategic Plan and is therefore acceptable. - 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: 17.09.2025 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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