**Document:** DEC Decision Notice
**Application:** 13/00527/C — Additional use of residential dwelling as tourist accommodation
**Decision:** Permitted
**Decision Date:** 2013-06-11
**Parish:** German
**Document Type:** decision / decision_notice
**Source:** https://planningportal.im/a/4360-german-6-church-dwelling/documents/910516

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# DEC Decision Notice

## Isle of Man
Government

Brian Cooper Architect Ltd
150 Main Road
Wilford
Nottingham
NG11 7AA

## Town and Country Planning Act 1999
### The Town and Country Planning (Development Procedure) Order 2005

In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to **APPROVE** a planning application by Angie Jones, Ref 13/00527/C, for the additional use of residential dwelling as tourist accommodation at 6 Church Lane Peel Isle of Man IM5 1AW subject to compliance with the following condition(s):

1. 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.

2. This permission relates to the additional use of the dwelling as tourist accommodation as shown in drawing 550/08/03 received 1st May 2013.

Date of Issue:
11th June 2013

**M Kallyher**

Director of Planning and Building Control

### Guidance Note

This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.

An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml.

Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.

The proposed development must not be commenced until either:

- The time for requesting an appeal has expired; or
- Any appeal has been determined;

Whichever is the later.

If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.

Please note that if the counter copy of the application is not collected within **THIRTY DAYS** following the last date on which a planning appeal can be made it will be destroyed without further notice.

Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF
Tel (01624 685950) email; planning@gov.im

13/00527/C

## Planning Officer Report And Recommendations

[Table omitted in markdown export]

Case Officer : Miss Laura Davy
Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation

## Officer's Report

### 1.0 The Site

1.1 The application site is the curtilage of 6 Church Lane, Peel which is a three storey mid terrace property situated off Church Lane. The property is situated to the northern side of the highway.

### 2.0 The Proposal

2.1 The application seeks approval for the additional use of the dwelling as tourist accommodation. There are no external alterations proposed under this application.

### 3.0 Planning History

3.1 The previous planning applications are not considered to be specifically material in the assessment of the current application.

### 4.0 Development Plan Policies

4.1 The application site is within an area zoned as "Mixed Use" identified on the Peel Local Plan 1989. It is also within the Peel Conservation Area. Given the nature of the application it is appropriate to consider General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan (20th June 2007).

### 4.2 General Policy 2

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;
I) 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
n) Is designed having due regard to best practice in reducing energy consumption.
4.3 Environment Policy 35

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.

## 5.0 Consultations

5.1 Highways Division do not oppose as it has no traffic management, parking or road safety implications.
5.2 Peel Commissioners recommend for approval.

#### 6.0 Assessment

6.1 The application seeks approval for the additional use of the dwelling as tourist accommodation. The main issues to consider in the assessment of the application are the impacts upon the character and appearance of the Conservation Area and the impact upon the amenities of the neighbouring properties.
6.2 The application site is within an area zoned as Mixed Use and therefore the proposal is acceptable in principle.
6.3 It is considered that the use of the dwelling as tourist accommodation would have similar impacts upon the amenities of the neighbouring properties as the existing. Whilst the use of the site for tourist accommodation is likely to be less than that of a permanent residential dwelling it is likely that tourists might want to arrive and leave the property at unsociable hours, however this is only likely to be for short periods of time.
6.4 There would be no parking provided within the curtilage of the site, but it is reasonable to accept that tourists are likely to have fewer vehicles than permanent residents.
6.5 There would be no external alterations proposed under this application and therefore would not harm the character and appearance of the property.
6.6 For the above reasons the application is considered to be acceptable and is recommended for approval.

#### 7.0 Party Status

7.1 The local authority, Peel Commissioners is, by virtue of the Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d), considered an "interested person" and as such should be afforded party status.
7.2 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:** 10.06.2013

### Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval
N: Notes attached to conditions
R: Reasons for refusal
O: Notes attached to refusals

C 1.
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 2.
This permission relates to the additional use of the dwelling as tourist accommodation as shown in drawing 550/08/03 received 1st May 2013.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

**Decision Made:** Permitted
**Date:** 10/6/13

### Determining officer (delete as appropriate)

Signed: _________________________
Anthony Holmes
Senior Planning Officer

Signed: _________________________
Michael Gallagher
Director of Planning and Building Control

Signed: _________________________
Sarah Corlett
Senior Planning Officer

Signed: _________________________
Jennifer Chance
Development Control Manager

PA13/00527/C Angie Jones
Additional use of residential dwelling as tourist accommodation, 6 Church Lane Peel Isle Of Man IM5 1AW
Planning Officer:
Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 07.05.2013, includes;

Conservation Areas:
Cons Areas: Peel Cons Area
Dev Control Polygons:
Reference Number: 94/01677/B
Status: Permitted
Proposal: Replacement of existing windows, 6 Church Lane
(Watsons Court), Peel.
Reference Number: 08/01904/B
Status: Permitted
Proposal: Alterations and extension to rear elevation
BC Case Polygon:
Reference Number: 09/07596/DEX
BC Case Status: Building Work Started
Proposal: Ground Floor rear extension
Major Hazard Zones:
Site Location: Peel
Zone Description: Outer

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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/4360-german-6-church-dwelling/documents/910516*
