**Document:** Officer Planning Report Recommendation **Application:** 10/01701/C — Removal of tourist occupancy condition to allow for residential use **Decision:** Permitted **Decision Date:** 2010-12-23 **Parish:** German **Document Type:** report / officer_report **Source:** https://planningportal.im/a/37307-greeba-soalt-veg/documents/1362206 --- # Officer Planning Report Recommendation **Application No.:** 10/01701/C **Applicant:** Mr Alan James Jackson **Proposal:** Removal of tourist occupancy condition to allow for residential use **Site Address:** Soalt Veg Kerrowgarrow Road Greeba Isle Of Man IM4 3LQ ### Considerations Case Officer : Mr Steve Stanley **Site Visit:** Yes **Expected Decision Level:** Senior Planning Officer ### Written Representations Glebe Cottage Maughold Isle Of Man IM7 1AS Interest expressed ### Consultations Consultee : Highways Division Notes: Do not oppose Consultee : German Parish Commissioners Notes: No objection ### Officer's Report ### The Site The application site relates to the detached converted outbuilding, Soalt Veg, Kerrowgarrow Road, Greeba, German. The building was converted from a barn to a holiday cottage under the provisions of planning application 93/00822/B. The building sits at the northern edge of the group of buildings associated with Kerrowgarrow Farm. To the west of the building is the detached dwelling Old Kerrowgarrow. ### The Proposal This application seeks approval for the removal of Condition 4 of planning approval 93/00822/B. This states: "The proposed accommodation must be available to bonafide tourists only between Easter and 1st October and must be let solely on a short-term basis with no individual tenancy exceeding four consecutive weeks in duration during such period." ### Planning Status The application site is located within an area identified as being of High Landscape or Coastal Value and Scenic Significance by the 1982 Development Order. The Isle of Man Strategic Plan 2007 contains policies relating to tourism-related development however these are aimed at the creation of tourist accommodation rather than its loss. ## Planning History The following previous planning applications are considered relevant in the assessment and determination of this application: 93/00822/B sought approval for the conversion of the barn into a holiday cottage. This was permitted 02/01030/B sought permission for the conversion of a farm outbuilding to form two holiday cottages (this was a different building to the one which forms the subject of this application). ### Representations German Parish Commissioners do not object to this application. The Highways Division do not oppose this application. The owners/occupiers of Glebe Cottage, Kirk Maughold object to this application stating that there is no justification, and in view of the importance of providing Tourist Accommodation, as highlighted continually by the appropriate Government Department, they see no good reason to accept this proposal. They remark that they object to the creation of new houses in the countryside "by backdoor means such as this". ### Assessment The main issues to be assessed in the consideration of this application are whether the building would provide a satisfactory level of amenity to form a dwelling and whether the loss of the building as a tourist unit is acceptable. Tourist accommodation is very similar to full-time residential housing in many ways. However there are a number of distinguishing factors that warrant consideration. One such factor is that tourists occupy premises on a short term basis and as such would likely not require the same level of privacy and amenity that a permanent residential dwelling should have in order to be satisfactory. Tourist accommodation also generates many different occupiers who due to not knowing an area particularly well may generate more disturbance than a full time resident. This may be manifested by inappropriate parking, greater vehicular movements to and from a property and a reduced level of care when making noise. These distinctions can be all but unnoticeable in some cases however generally there is a difference in character between tourist and permanent accommodation which distinguishes one use from the other. In considering applications which would result in a permanent residential unit being created in place of a tourist property, an assessment must be made as to how the change in use may affect the surrounding area. Particular regard should be given to impacts upon adjacent residential properties so as to judge whether existing amenity would be affected. Generally, a full time residential use will be preferable in terms of impact upon amenity due to the factors highlighted above. As such it may be expected that a permanent residential use would have a marginally reduced impact upon amenity. In some cases buildings which offer satisfactory tourist accommodation do not provide suitable permanent accommodation. This reflects the different expectation that tourists may have compared to residents looking for a permanent home. As such it is appropriate to consider whether a building can provide suitable long-term accommodation. In this case, the building is detached and has its own garden area to the north. The building backs onto the group of farm buildings however it is judged that the mutual relationship created is acceptable, particularly given that the building is orientated towards the front or north of the site. The Isle of Man Strategic Plan 2007 does not offer protection to existing tourist uses and so there is no planning policy objection to the principle of changing the building's use to become a permanent dwelling. Furthermore, the Planning Division deals with a relatively high number of applications which propose the conversion of barns to form tourist accommodation and these are often successful. It would seem that there is a natural equilibrium which retains a general number of rural tourist units on the Island. With regards to the comments received from the owners/occupiers of Glebe Cottage, provision for the conversion of outbuildings into dwellings is set out within Housing Policy 11. This allowance is the subject of a number of requirements which the building in question can meet. It is not accepted that the removal of the tourist condition would represent a departure from policies aimed at preventing new dwellings in the countryside. Overall, taking into account all of issues that are relevant to the proposal, this application is judged to be acceptable. ## Recommendation Permit. ### Party Status It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status: German Parish Commissioners Accordingly the following parties are not granted Interested Party Status: The owners/occupiers of Glebe Cottage, Kirk Maughold The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. ### Recommendation Recommended Decision: Permitted Date of Recommendation: 20.12.2010 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 C1 This approval relates to the removal of tourist condition to allow residential use of Soalt Veg, Kerrowgarrow Road, Greeba, German as shown by Location Plan, Site Plan and 3-945-3 all received 18th November 2010. I confirm that this decision accords with the appropriate Government Circular delegating functions to the Senior Planning Officer. Decision Made : Permitted Date : Signed : Senior Planning Officer --- *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/37307-greeba-soalt-veg/documents/1362206*