**Document:** DEC Officer Report **Application:** 23/00131/C — Additional use of existing residential property as self-catering tourist accommodation **Decision:** Permitted **Decision Date:** 2023-03-21 **Parish:** Rushen **Document Type:** report / officer_report **Source:** https://planningportal.im/a/9953-rushen-waverley-house/documents/965734 --- # DEC Officer Report ## PLANNING OFFICER REPORT AND RECOMMENDATION **Application No.:** 23/00131/C **Applicant:** Mr Robert Brunsdon **Proposal:** Additional use of existing residential property as self-catering tourist accommodation **Site Address:** Flat 3 Waverley House Bay View Road Port St Mary Isle Of Man IM9 5AE Senior **Planning Officer:** Mr Jason Singleton **Expected Decision Level:** Officer Delegation **Recommended Decision:** Permitted **Date of Recommendation:** 14.03.2023 ## 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. This application has been recommended for approval for the following reason. The additional use of the property would be in accordance with General Policy 2 and Business Policy 13 of the Strategic Plan. Plans/Drawings/Information; This decision relates to drawings and supporting information submitted on 6th February 2023 _______________________________________________________________ ## Interested Person Status Additional Persons None _____________________________________________________________________________ ## Officer’s Report 1.0 THE SITE - 1.1 The application site is the curtilage of Flat 3, Waverley, Victoria Road, Port St Mary which is an end of terrace property situated on the corner of Victoria Road and Bay View Road. There is a shop unit at the front of the building which is accessed off Victoria Road. 2.0 THE PROPOSAL - 2.1 The application seeks approval for the additional use of Flat 3 for tourist accommodation. There would be no external alterations carried out under this application. - 2.2 The application site would rely upon on-street parking or public car parks in the locality. 3.0 PLANNING POLICY - 3.1 In terms of local plan policy, the application site is within an area zoned as "Mixed Use" identified on The Area Plan for the South 2013. It is also within the Proposed Port St Mary Conservation Area. - 3.2 Given the nature of the application it is appropriate to consider Strategic Plan 2016 which contains the following policies that are considered specifically material to the assessment of this application; Strategic Policy 8 Reuse of quality buildings for Tourism General Policy 2 General Development Considerations (a-n) Business Policy 13 Use of residential properties for Tourism use Environmental Policy 35 Preserve or enhancement for Conservation Areas 3.3 Residential Design Guidance provides advice on the design of new houses and extensions to existing property as well as how to assess the impact of such development on the living conditions of those in adjacent residential property. - 3.4 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". 4.0 PLANNING HISTORY - 4.1 The application site benefits from the following approvals; 14/00540/C - Additional use of residential apartment as tourist accommodation. Flat 1, Waverley. 5.0 REPRESENTATIONS - 5.1 Port St.Mary Commissioners (23/02/23) No Objection. - 5.2 Highways Services (08/03/23) No objection 6.0 ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application are; - (i) Visual Impact 6.2 The property is currently used as a residential property and the application will enable the owners to rent the property for tourist accommodation. The dwelling is within a mixed use area and within the centre of Port St Mary within immediate access to the shops, beaches and public transport. As such the principle of development is considered acceptable. Furthermore, as the proposal does not intend to extend or add additional accommodation to the dwellinghouse but merely seek the additional use of the existing fabric of the building, it is considered the proposal would have a visual neutral impact on the surrounding streetscene. This aspect is deemed to be an acceptable additional use that complies with those sections of Strategic Policy 8 and General Policy 2(b) & (c). - (ii) Neighbouring amenities 6.3 Business Policy 13 indicates that 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. There are a number of residential properties in the area and in terms of this building that has been subdivided into flats, the applicants have provided a supporting statement that notes; the remaining flats are No.1 occupied as residential and tourist as per a previous approval, and is managed by the owners of Flat No.2 and No.3 and No.4 is owned by the applicants. Flats 1 and 2 are accessed via a shared entrance off Victoria Road, whilst Flats 3 and 4 share an entrance off Bay View Road. - 6.4 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. 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. - 6.5 In considering the proposal, there is little discernible difference between the use as residential and that of tourism. Furthermore it is not considered the proposed tourist use would be any different than that of a friend or family member occupying the unit, than a tourist use would be. In this case it is not considered there to be any adverse impact on the neighbouring residential amenity, as such this aspect complies with General Policy 2(g) and Business Policy 13. 7.0 RECOMMENDATION - 7.1 The application would not harm the use and enjoyment of neighbouring properties and would comply with Strategic Policy 8, General Policy 2 and Business Policy 13 of the Strategic Plan 2016, and the Residential Design Guide 2019 and 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 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: 17.03.2023 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. --- *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/9953-rushen-waverley-house/documents/965734*