**Document:** DEC Officer Report **Application:** 20/00352/C — Additional use of residence as tourist accommodation **Decision:** Permitted **Decision Date:** 2020-05-19 **Parish:** Malew **Document Type:** report / officer_report **Source:** https://planningportal.im/a/12887-malew-40-street-additional-use-residence/documents/995475 --- # DEC Officer Report **Application No.:** 20/00352/C **Applicant:** Mr David Callister **Proposal:** Additional use of residence as tourist accommodation **Site Address:** 40 Malew Street Castletown Isle Of Man IM9 1AF **Planning Officer:** Mr Paul Visigah **Expected Decision Level:** Officer Delegation **Recommended Decision:** Permitted **Date of Recommendation:** 13.05.2020 _________________________________________________________________ ## 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 planning application is in accordance with Business Policy 13, General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan 2016. Plans/Drawings/Information; This decision relates to Drawing No. 1876-01 date stamped and received on 24th March, 2020. _______________________________________________________________ ## Interested Person Status Additional Persons None _____________________________________________________________________________ Officer’s Report The site 1.1 The site represents the curtilage of an existing dwelling at 40 Malew Street situated on the eastern side of Malew Street within Castletown's Conservation Area. The property is a three storey traditional cottage which has a flat-roofed sun room on the rear. The property has an allocated single parking space provided at the rear of the property situated about 10m from the rear boundary of the site. PROPOSAL 2.1 The current application proposes the additional use of residence as tourist accommodation. There are no proposed alterations to the building or existing parking arrangements. 2.2 The property has three floors of accommodation with two means of pedestrian access; one through the kitchen at the rear and the other through the front entrance door. PLANNING POLICY - 3.1 The application site is in an area designated as 'mixed use' on the Area Plan for the South 2013 and also within the Castletown Conservation Area. Given the nature of the proposal it is relevant to consider the following paragraph and policy from the IOM Strategic Plan 2016 relating to tourist use along with EP 35 for development in Conservation Areas, and paragraph 6.6 from the Area Plan for the South 2013 which refers to mixed use designations: 3.2 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." 3.3 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." 3.4 Environment Policy 35 states: "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." - 3.5 Paragraph 6.6 of the Area Plan for the South 2013 states: "6.6 Encouragement of Sustainable Mixed Use Schemes 6.6.1 In order to achieve town and village centres which are attractive, viable and full of vitality it is essential to encourage a mix of different uses to locate within the Mixed Use areas. This will include elements of retail, office, light industrial, community facilities, leisure and tourism uses and residential as well as dedicated public spaces which will be a focus for community activity. Uses which are not compatible with residential developments will not be supported within the Mixed Uses areas. Generally there will be a presumption in favour of changes of use between the range of approved uses. Whilst planning approval may be required for some changes, this would normally be supported subject to the buildings being suitable for the new use." ## PLANNING HISTORY 4.1 The application site has been the subject of three previous planning applications which are not considered to be materially relevant in the assessment and determination of the current application. REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. 5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in a letter dated 29 April 2020. 5.2 There has been no written representation made regarding the current planning application by the Castletown Commissioners at the time of writing this report, although they were consulted on 6 April 2020. ASSESSMENT - 6.1 The application seeks approval for the additional use of the residence as tourist accommodation. The fundamental issues to consider in the assessment and determination of this planning application are the impact of the tourist use on the living conditions of the neighbours and local highways. 6.2 Although there is generally a view in favour of using domestic properties as tourist accommodation as outlined in Business Policy 13, there can be times whereby this is opposed. In the case of this application the proposal is for the additional use of part of this three bedroom property; meaning that both tourists and residents could be on site at the same time. 6.3 In the case of terraced properties like this, concern lies in the potential for disruptions to the immediate neighbours and on the local highways should there be additional traffic from the tourist use. In terms of differentiating a tourist and a permanent resident it is 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. - 6.4 The dwelling is located within part of the street which is predominantly comprised of residential properties where it is likely that the comings and goings of any expected tourists is likely to be no more apparent than those residents already living in the area. The property is modest and not sized to accommodate a large numbers of tourists or residents. The existing property has one off road parking serving the permanent residential use and the demand for parking by a tourist is not likely to be any different and therefore no new highways issues are expected as a result of the proposal. - 6.5 It is considered that the use of the existing residential dwelling as tourist accommodation would have a similar impact, whether it is used for tourist or permanent residential use and therefore would not have a significant impact upon the living conditions of the neighbouring properties. 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. - 6.6 Furthermore, as the proposal does not intend to extend or add additional accommodation but merely seek the additional use of the existing, it is considered the proposal would have a neutral impact on the surrounding street scene. It is also noted that the proposal does not result in any changes to the external appearance of the property and as such the development would preserve the character and appearance of the Conservation Area in line with EP 35. ## CONCLUSION 7.1 The proposal accords with Environment Policy 35 and Business Policy 13 of the Strategic Plan and is supported. 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. Decision Made : Permitted Date: 14.05.2020 Determining officer Signed : S CORLETT Sarah Corlett 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 onlineservices/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/12887-malew-40-street-additional-use-residence/documents/995475*