**Document:** Officer Report **Application:** 15/00644/C — Change of use from tourist accommodation to residential use **Decision:** Permitted **Decision Date:** 2015-07-16 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/6171-rushen-the-nook-change-of-use/documents/918699 --- # Officer Report **Application No.:** 15/00644/C **Applicant:** Linda Eleanor Hilton **Proposal:** Change of use from tourist accommodation to residential use **Site Address:** The Nook Mill Road Surby Port Erin Isle of Man IM9 6QP Case Officer : Miss S E Corlett **Expected Decision Level:** Officer Delegation Officer’s Report THE SITE 1.1 The site is the residential curtilage of an existing dwelling which has its access of Mill Road and which backs onto Ballagale Close which leads onto Ballagale Avenue. The property is a detached dormer bungalow with integral garage and parking space in front of the property. THE PROPOSAL - 2.1 Proposed is the change of use of the property from tourist accommodation to permanent residential accommodation. Planning approval was granted for the change of use from residential to tourist accommodation under PA 01/01037/C. It is common practice to issue such approvals for an additional use to include tourist accommodation which then allows the property to be used for either purpose and avoids the need for a further application to change it back in the future. Such a condition was not attached in this case, hence the need for the current application. 2.2 No changes are proposed to the building. PLANNING STATUS AND POLICY - 3.1 The site is designated as residential on the Area Plan for the South adopted in 2013. As such there is a presumption in favour of residential use and development on the site. 3.2 The Strategic Plan provides the following advice on tourist accommodation: 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." 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." 3.3 There are no policies which give advice for the reverse of the above. - PLANNING HISTORY - 4.1 The property has been extended under PA 01/00205/B and 00/00762/B which also proposed the creation of a new access onto Mill Road. REPRESENTATIONS - 5.1 Department of Infrastructure Highway Services indicate that they do not oppose the application (22.06.15). ASSESSMENT - 6.1 The property was originally a dwelling and is surrounded by existing residential properties. As such, there are no reasons why the site is no longer suitable for its original use which is compatible with both the surrounding uses and the land use designation. The property is detached and the use is not considered to have any adverse impact on the living conditions of those in adjacent property. PARTY STATUS - 7.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons: - (a) The applicant, or if there is one, the applicant’s agent; - (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; - (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material (e) The local authority in whose district the land the subject of the application is situated. With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word ‘Department’ to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order. Recommendation Recommended Decision: Permitted Date of Recommendation: 07.07.2015 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 development hereby approved shall be begun before the expiration of four years from the date of this decision notice. Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals. -----------------------------------------------------------------------------------------------------------This approval relates to the drawings received on 8th June, 2015. I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control /Head of Development Management/ Senior Planning Officer. Decision Made : Permitted Date : 15.07.2015 Determining officer (delete as appropriate) Signed :…………………………………….. Chris Balmer Senior Planning Officer Signed :…………………………………….. Sarah Corlett Senior Planning Officer Signed : Michael Gallagher Michael Gallagher Director of Planning and Building Control Signed :…………………………………….. Jennifer Chance Head of Development Management --- *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/6171-rushen-the-nook-change-of-use/documents/918699*