**Document:** DEC Officer Report **Application:** 20/00107/C — Change of use of residential dwelling (class 3.3) to tourist living accommodation (class 3.6) **Decision:** Permitted **Decision Date:** 2020-03-17 **Parish:** Braddan **Document Type:** report / officer_report **Source:** https://planningportal.im/a/12646-braddan-17-victoria-dwelling-change-of-use/documents/1145058 --- # DEC Officer Report **Application No.:** 20/00107/C **Applicant:** Mr Peter & Mrs Janet Main **Proposal:** Change of use of residential dwelling (class 3.3) to tourist living accommodation (class 3.6) **Site Address:** 17 Victoria Terrace Douglas Isle Of Man IM2 4EX Principal Planner: Miss S E Corlett **Expected Decision Level:** Officer Delegation **Recommended Decision:** Permitted **Date of Recommendation:** 17.03.2020 _________________________________________________________________ ## 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 dwelling may be used either as a unit of residential accommodation or as a unit of tourist accommodation. Reason: to clarify the extent of the approval. This application has been recommended for approval for the following reason. It is considered that there is no demonstrable harm arising from the proposal and complies with the provisions of Paragraph 9.5.8 and Business Policy 13. Plans/Drawings/Information; This decision relates to the drawings received on 03.02.20. _______________________________________________________________ ## Interested Person Status Additional Persons None _____________________________________________________________________________ ## Officer’s Report 1.0 THE SITE - 1.1 The application site is the residential curtilage of an existing dwelling, 17, Victoria Terrace which sits on the corner of Victoria Road and Victoria Terrace, on the north western corner of the junction. - 1.2 The site stretches around the rear of 9, Victoria Road and emerges onto Victoria Road through a pedestrian doorway between numbers 9 and 11. - 1.3 The property is a two storey traditionally styled dwelling with ornamental pilasters around the ground floor windows, moulding around the corner elevation which contains a first floor window and a blocked up door at ground floor level. This continues around onto Victoria Road where the ornamentation appears only partly around the windows and this is replicated in number 11. - 1.4 The house accommodates 3 bedrooms. 2.0 THE PROPOSAL - 2.1 The current application proposes the additional use of the dwelling for tourist accommodation. No external alterations are proposed. The applicant wishes to be able to rent the property out 2 weeks out of every 6. - 2.2 Applications for changes of use from residential to tourist accommodation within residential areas are generally treated as proposals for additional use so that the property may be used for its original use without the need for a further planning approval for a change of use back to residential. ## - 3.0 PLANNING POLICY 3.1 The application site is in an area designated as Predominantly Residential on both the draft Area Plan for the East and the adopted Douglas Local Plan of 1989. Given the nature of the proposal it is relevant to consider the following paragraph and policy from the Strategic Plan: - 3.2 Paragraph 9.5.8 states: "The use of existing private residential properties as tourist accommodation may be acceptable if it can be demonstrated that it will not compromise the amenities of any neighbouring residents." - 3.3 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." ## - 4.0 PLANNING HISTORY 4.1 There are no previous applications materially relevant in this case. - 5.0 REPRESENTATIONS 5.1 Douglas Borough Council raise no objection (20.02.20). 5.2 Department of Infrastructure Highway Services have no objection (18.02.20). - 6.0 ASSESSMENT 6.1 The application seeks approval for the additional use of a residential unit as tourist accommodation. The fundamental issues to consider in the assessment and determination of this planning application are the impact of the proposal on the living conditions of the immediate neighbours and the impact on local amenity. 6.2 Although there is generally a view in favour of using residential properties for tourist accommodation as outlined in Business Policy 13, there can be times whereby this is opposed PA 14/00194/C. There have been a small number of refusals given to applications looking to gain the same permission; the use of flats for tourist accommodation could potentially have a damaging effect on the amenities of others through the comings and goings of tourists in comparison to permanent residents, although most are granted approval there has been an instance of one refusal on appeal (14/01089/C). 6.3 In the case of apartments, concern lies in the potential to cause disruptions to the immediate and adjoining neighbouring properties. In terms of differentiating a tourist and a permanent resident it is often difficult to define how each would behave. As a tourist, a person may be out a lot of the time, but may also have a greater number of late nights and be disruptive on return. On the other hand, permanent residents may be at home more, and could be more likely to invite friends or family over for dinner or parties that may be noisy. In general the majority of people tend to behave well and raise no concerns, although there will always be a percentage that may not behave. - 6.4 The dwelling is located within a busy area close to Douglas' amenities - the town shops, restaurants and entertainment venues and the beach. As such, the location of the premises is very suited to a tourist use. - 6.5 It is considered the use of the existing residential dwelling as 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 living conditions of the neighbouring properties. It should also be remembered that the use of the site for private rental accommodation would require no planning approval and could result in frequent and continual turnover of residents. ## - 7.0 CONCLUSION 7.1 It is considered that there is no demonstrable harm arising from the proposal and, in view of the provisions of Paragraph 9.5.8 and Business Policy 13, the application is recommended for approval. - 8.0 INTERESTED PERSON STATUS 8.1 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. 8.2 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 I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation. Decision Made : Permitted Date : 17.03.2020 Determining officer Signed : S BUTLER Stephen Butler Head of Development Management 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. --- *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/12646-braddan-17-victoria-dwelling-change-of-use/documents/1145058*