**Document:** DEC Officer Report
**Application:** 22/00661/C — Erection of Summerhouse (Retrospective) and Additional use of summerhouse as tourist living accommodation
**Decision:** Permitted
**Decision Date:** 2022-09-16
**Parish:** Lonan
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/9024-lonan-north-baldrine-house-baldhoon-road-dwelling-retrospective/documents/952241

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# DEC Officer Report

**Application No.:** 22/00661/C
**Applicant:** Mrs Christina Foster
**Proposal:** Erection of Summerhouse (Retrospective) and Additional use of summerhouse as tourist living accommodation
**Site Address:** North Baldrine House Baldhoon Road Laxey Isle Of Man IM4 7NG
**Planning Officer:** Mr Paul Visigah
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 08.09.2022

## 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 structure, hereby approved, shall not be occupied at any time other than for purposes incidental to the residential use of the existing dwelling on the application site otherwise known as 'North Baldrine House', Baldhoon Road, Laxey, and/or as tourist accommodation. No approval is granted for any other use.

Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.

- C 3. The internal layout shall remain as shown on the submitted Drawing No.050/101, date stamped as having been received 20 May 2020. No kitchen facilities shall be installed in the building and no additional internal walls shall be erected to further subdivide the internal space of the building.

Reason: To ensure proper control of the development and to avoid any future undesirable fragmentation of the curtilage.

- C 4. The holiday/tourist accommodation hereby approved shall be used solely as temporary holiday letting accommodation and for no other purposes whatsoever including use as permanent residential unit without the prior express grant of planning permission by the Department.

The unit shall not be occupied as a person's sole or main residence and the owner of the holiday/tourist accommodation shall maintain an up-to-date register of the name of each occupier of the holiday/tourist accommodation on the site, their length of stay and their main home address and shall make this information available at all reasonable times to the Department.

Reason: The occupation of the holiday/tourist accommodation as an independent permanent residential unit would not comply with the Strategic Plan policies regarding residential development in this area.

This application has been recommended for approval for the following reason. It is considered that the planning application is in accordance with General Policy 2, Business Policy 13, Strategic Policy 8 and Environment Policy 35 of the Isle of Man Strategic Plan 2016.

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

- o Cover Letter and Correspondence,
- o Plan List,
- o Photographs,
- o Location Plan,
- o Site Plan, and
- o Plans and Elevation for Log Cabin, All date stamped and received 17 May 2022.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

## Officer’s Report

1.0 THE SITE - 1.1 The site is the residential curtilage of North Baldrine House, Baldhoon Road, Laxey, which is a two storey detached dwelling within the Laxey Conservation Area. The dwelling is situated east side of the road and is connected to the road by a driveway. - 1.2 Within the rear garden and at a position northeast of the main dwelling is a log cabin tucked among a cluster of trees on the north-eastern boundary of the site which serves as the summerhouse for the property. This cabin is at the end of the long driveway serving the dwelling and adjacent to the onsite parking area. There is provision within the site to accommodate more than five cars within the site.

2.0 PROPOSAL - 2.1 The current planning application seeks planning approval for Erection of Summerhouse (Retrospective) and additional use of summerhouse as tourist living accommodation.

2.2 The summerhouse is 5m long, 3m wide and 2.6m high to its asymmetrical roof ridge, and has an eave overhang 400mm wide on the front elevation. This summerhouse which is finished externally in Nordic Spruce, with doors and windows made of laminated pine is of timber framed construction. The summerhouse has its toilet facility and bathroom which is accessed externally. The summerhouse is erected within the rear garden, and situated on the eastern section of the site where it is completely enclosed by the mature landscaping on the boundary. This summerhouse would be used as tourist living accommodation for the dwelling, together with ancillary residential use.

2.2 The applicants have provided additional information in the form of a Cover Letter which states the following:

- i. The applicant is submitting the application to enable them register the summerhouse with the Tourist Board for short-term tourist accommodation.
- ii. The cabin was erected in 2018.
- iii. The summerhouse has been registered with Homestay for use during TT and MGP weeks.
- iv. The applicants have a Building and Planning Regularisation Certificate which states that the summerhouse is suitable for Tourist accommodation, but the tourist board has advised that a Change of Use approval is required in order to register the summerhouse with them as a Glamping unit.
- v. The applicant intends to use the summerhouse for family and friends when not booked for tourists.

2.3 The following documents have been provided to support their claims:

- i. Planning and Building Control Regularisation Certificate dated 14 January 2020.
- ii. Invoice from MHS Limited dated 11 July 2018 to show the works to erect the cabin were completed in 2018.
- iii. Letter from the Treasury which indicates Rating assessment for the property to enable the use of the timber cabin/summerhouse as tourist accommodation, dated 6 February 2020.

2.4 The applicants note on the application form that the site has 7 car parking spaces, and that they intend to use the summerhouse for tourist use when in tourist season and for family/householder use when not in season.

3.0 PLANNING POLICY - 3.1 The site lies within an area designated on Area Plan for the East (Map 7 - Laxey) as predominately residential use, and the site is within the Laxey Conservation Area. The site is not prone to flood risks, there are no Registered trees on the site, and the site is also not within a Registered Tree Area. As such, the following Strategic Plan policies are considered relevant: - 3.2 Environment Policy 35 seeks to protect the character and appearance of the Conservation Area. - 3.3 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:

- (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;

- (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; (n) is designed having due regard to best practice in reducing energy consumption.

3.4 Paragraph 9.5.8 and Business Policy 13 set out a general presumption in support of additional use of private residential properties for tourist accommodation provided it does not compromise the amenity of neighbours. - 3.5 Community Policies 7, 10 and 11 provide guidance in respect of minimising criminal activity and reducing spread of fire.

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 Isle of Man Non-Serviced Accommodation Futures - Final Report

- 4.1.1 Planning Policy Recommendations "In terms of defining what is meant by 'overriding national need', we have suggested a number of tests or criteria that could be considered in terms of:

- o Extending the season/attracting visitors outside the main May-September period;
- o Serving and helping attract target markets - accommodation aimed at families, emptynesters, walkers, cyclists etc.;
- o Securing and attracting investment from both Island and off-island developers and investors - with developers signed up;
- o Showing 'additionality' in terms of providing something not already offered on the Island; meeting an identified gap in supply; attracting new markets rather than diluting existing
- ones; or bringing an established national or international brand name to the Island and all that brings with it in terms of profile, customer databases, and the ability to drive new demand through marketing, central reservations and customer loyalty schemes;
- o High quality, distinctive accommodation provision;
- o Spreading tourism activity and benefit geographically across the Island;
- o Encouraging longer stays and greater visitor spend as a result;
- o Inclusivity and contributing to the health and well-being agenda, e.g. the provision of accessible accommodation, provision for outdoor activities, accommodation that helps connect with nature;
- o Environmental sustainability in terms of eco-friendly accommodation development that respects, protects and enhances the Island's landscape and natural environment and develops its reputation as a sustainable tourism destination".

### 4.2 Isle of Man Visitor Economy Strategy 2022-2032

- 4.2.1 The Strategy's headline targets are to grow the annual visitor numbers to 500,000 by 2032 and increase the annual economic contribution of the Island's Visitor Economy to £520m. This will mean attracting an additional 170,500 visitors per year compared to 2019. The aim is to triple the holiday and short break market as well as grow all of the other visitor markets. Combined with an expected increase in average spending per visitor, driven by strong growth in longer staying and higher spending leisure markets, these visitor numbers should result in a more than doubling of annual visitor spending on the Island to £310m, which will support an increase in Visitor Economy jobs to 5,000 and generate an annual Exchequer benefit of £49m.

4.3 TOWN AND COUNTRY PLANNING ACT 1999 S18 Designation of conservation areas Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". It is not considered that this proposal would conflict with that objective and as such the application will be considered in the context of the policies as set out below and within section 3 of this report.

- 4.2.2 Programme 3: Visitor Accommodation Transformation A key aspiration is to widen our non-serviced accommodation supply with the introduction of the innovative offers that are finding a strong market in competitor destinations, such as backto-nature retreats, lifestyle and wellness resorts, sea cabins, treehouses, sky huts and luxury glamping sites.

4.4 Planning Policy Statement 1/01 "POLICY CA/2: SPECIAL PLANNING CONSIDERATIONS When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected". - 4.5 Whilst not adopted planning policy, DEFA's Residential Design Guidance is a material consideration in the assessment of this application as, "It is intended to apply to any residential development within existing villages and towns, including individual houses, conversions and householder extensions". Sections 2.0 on sustainable construction, and 7.0 which deal with impact on neighbouring properties are considered relevant to the current scheme.

## - 5.0 PLANNING HISTORY

5.1 The site has been the subject of three previous planning applications which are not considered to be materially relevant to the current application.

5.2 The applicants have indicated that the summerhouse was erected as permitted development and as such there is no planning history for the summerhouse. However, in reviewing the scheme against the requirements of the Permitted Development Order (2012), it is noted that the summerhouse is less than 20m from the highway to the rear (New Road), and the summerhouse is nearer to the highway which bounds the curtilage than eastern elevation of the dwelling which abuts New Road. As such, it is not considered that all the conditions were met in erecting the summerhouse as it fails part (d) of Class 15 (Garden sheds and summerhouses) of the Permitted Development Order. - 6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in a letter dated 27 May 2022/ 22 August 2022. - 6.2 Garff Commissioners have stated that they have no objection to the application in a letter dated 30 June 2022.

6.3 No comments have been received from neighbouring properties. - 7.0 ASSESSMENT

7.1 The fundamental issues for consideration in the determination of this application are:

- i. principle of the development,
- ii. Impact on neighbouring amenity,
- iii. Visual Impact,
- iv. Impact on Character and Appearance of the Laxey Conservation Area, and
- v. Impacts on parking and highway safety

### 7.2 Principle of the Development (GP 2, Paragraph 9.5.8 and BP 13)

- 7.2.1 In assessing the acceptability of the principle of the proposed development, the key issue in this case is whether there would be any significant impact from the erection of the proposed summerhouse and its use as tourist use together with use as an ancillary accommodation for the main dwelling. It is often relevant in such an assessment to consider the existing use of the property, and in this case, the cabin (summerhouse) would serve as a

self-contained ancillary accommodation within the site. Moreover, the scale of the proposed summerhouse is well-suited to the size of the rear garden where it does to have adverse impacts on the general amenity of the occupants of the dwelling. The proposed timber/composite cladding and pitch roof design are design elements which are seen acceptable as it would be seamlessly integrated into the well-treed rear garden, and as such these works comply with General Policy 2.

- 7.2.2 It is also important to note that the existing strategies on the Island which have been referenced as the other material considerations within section 4 of this report, such as the Isle of Man Non-Serviced Accommodation Futures - Final Report, and the Isle of Man Visitor Economy Strategy 2022-2032, provide further guidance to shape the development of the tourism sector, and seek to maximise the potential benefits of an expansion on non-service accommodation on the Island. The Document on the Development of Non-serviced Accommodation states that the focus for the future "will be on the types of non-serviced accommodation identified as being in shortage within the study, namely the developments of multiple units; those that cater for families; those that cater for individuals with disabilities; proposals which incorporate leisure and entertainment facilities; high quality, luxury, boutique developments; clusters or separate small scale units which complement existing tourist activities or leisure facilities; glamping units and those catering for group experiences. What is proposed within this scheme would be akin to glamping units, given its set up, layout and position within the garden. As such, it is considered that the scheme as proposed aligns with the tourism strategies for the Island. Moreover, the unit would comfortably exist as a nonserviced accommodation without impacting on the residential use of the main dwelling since the only shared facility would be the garden areas and parking on site.
- 7.2.3 Like most residential properties within close proximity to the Laxey town centre, the property is within walking distance to the Laxey Wheel (about 1km), the Laxey Glen (about 100m), Laxey Beach and Promenade (about 1.3km), The Shelter Gardens (adjacent), Snaefell Mountain Railway Car Shed, Christ Church, Church Hill, Laxey (Registered Building No.85), Manx Electric Railway Station, pubs (Mines Tavern), and other services within the village core which offer a varied range of activities to support tourists. As such, the location of the premises is well suited to the proposed use and the principle of such development is considered acceptable.

### 7.3 Impact on Neighbouring Amenity (GP 2 & BP 13)

- 7.3.1 With regard to potential impacts on neighbouring amenity, it is considered that the summerhouse has been used by occupants or guests to the dwelling without key concerns raised given that none of the occupants of the neighbouring properties have written in to object to the application. It is also considered that the summerhouse is situated about 31.4m from the nearest neighbour at Dreemskerry, Baldhoon Road, to the north of the application site with the plantings (trees and shrubbery) on the boundary of the application site serving as a buffer between the summerhouse and the neighbouring property. Besides, the application property is situated at a busy part of Laxey where there is already a degree of activity in the area such that it would be difficult to discriminate between the behaviours of tourists and permanent residents or to differentiate the coming and goings of each, minded that it may be no more apparent than those already living in the property and those in the nearby area.
- 7.3.2 Whilst it is noted that a tourist may be out a lot of the time and have a greater number of late nights which could be disruptive on return, a resident who may be at home more could also be more likely to invite friends or family over for dinner or parties that may be noisy. It is, however, worth noting that the majority of people tend to behave well and raise no concerns, although there will always be a percentage that may not behave. Besides, the property is accustomed to family members or guests using the summerhouse and there are no indications that this has resulted in detrimental impacts on neighbours. Therefore, it is considered that the proposed tourist use of the summerhouse would accord with the requirements of Business Policy 13 and General Policy 2 (g) in terms of impacts on neighbours.

### 7.4 Visual Impact

- 7.4.1 In terms of visual impacts on the existing dwelling and site, it is considered that there would be limited views to the summerhouse from the public thoroughfare of New Road or any other road. Besides, its appearance is sympathetic and low impact due to its timber construction, scale and mass. Moreover, the thick line of trees and shrubbery on the boundary of the entire garden would ensure the scheme blends into the setting. Therefore, it is not considered that there would be any adverse impact on the character or appearance of the site or main dwelling.

### 7.5 Impact on Character and Appearance (EP 35 & GP 2)

- 7.5.1 With regard to possible impacts on the character or appearance of the Conservation area, it is noted that the summerhouse which is the subject of the current application is not positioned at a section of the site that would adversely impact on the character of the area, which implies that the Conservation Area is will not be impacted by the erection of the summerhouse. Additionally, income generated via the tourist rentals for this summerhouse which serves the property in the Conservation Area will ensure that there is revenue available to support the maintenance of the main dwelling should it be required. For that reason, it is considered that the scheme would preserve the character and appearance of the site and main dwelling and in turn the broader Conservation Area; complying with EP35 of the Strategic Plan.

### 7.6 Impacts on Highway Safety (GP 2)

- 7.6.1 In terms of highway safety impacts, there should be no material change in the effect on highway safety and car parking with arguably a reduced impact from tourist occupancy where such may not always have a car, or require a car. Besides, the property access to more than five parking spaces which is more than sufficient to meet the residential parking requirements of the property and tourist requirements when needed. More so, the property is within close proximity to a public transport corridor with tourists occupying the dwelling afforded easy access to public transport options to various parts of Laxey and the Island.

## - 8.0 CONCLUSION

8.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan and as such is, therefore, recommended for approval. - 9.0 INTERESTED PERSON STATUS

9.1 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. 9.2 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 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.

Decision Made : Permitted Date: 15.09.2022 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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.

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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/9024-lonan-north-baldrine-house-baldhoon-road-dwelling-retrospective/documents/952241*