**Document:** DEC Officer Report
**Application:** 20/00856/B — Alterations, erection of extension and additional use of residential dwelling (class 3.3) as tourist living accommodation (class 3.6)
**Decision:** Permitted
**Decision Date:** 2020-09-14
**Parish:** Rushen
**Document Type:** report / officer_report
**Source:** https://planningportal.im/a/13377-rushen-heather-cottage-extension-dwelling/documents/999456

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# DEC Officer Report

**Application No.:** 20/00856/B
**Applicant:** Mrs Heather Skinner
**Proposal:** Alterations, erection of extension and additional use of residential dwelling (class 3.3) as tourist living accommodation (class 3.6)
**Site Address:** Heather Cottage 15 Lime Street Port St. Mary Isle Of Man IM9 5EF Principal Planner: Miss S E Corlett
**Expected Decision Level:** Officer Delegation
**Recommended Decision:** Permitted
**Date of Recommendation:** 07.09.2020 _________________________________________________________________

## 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.

- C 2. No approval is hereby granted to the installation of the air source heat pump shown in the submitted plans as there is insufficient information provided to demonstrate that this would have an acceptable impact on the surrounding areas.

Reason: to clarify the extent of the approval and to ensure that what is approved has an acceptable impact on the surrounding area.

This application has been recommended for approval for the following reason. This development is considered in accordance with Business Policy 13, General Policy 2, Environment Policies 34 and 35 and Planning Policy Statement 1/01.

### Plans/Drawings/Information;

This decision relates to drawings 1885-01 and 1885-02 both received on 31st July, 2020 except insofar as they show an air source heat pump which does not form part of this application and is not hereby approved.

_______________________________________________________________ Interested Person Status – Additional Persons

None _____________________________________________________________________________

### Officer’s Report

1.0 THE SITE - 1.1 The application site is the residential curtilage of an existing dwelling situated on the seaward side of Lime Street, backing onto the harbour area which is used for harbour-related purposes including car parking and some fish and shellfish processing. Vehicular and pedestrian access is available to the rear of the application property and those others on this side of the street. - 1.2 The property is a single storey dwelling which, like its neighbour to the immediate north are lower than most others in the streetscene and have distinctive red diamond shaped roof tiles on the front and rear. - 1.3 The application has a flat roofed sun room on the rear of the property whose apex sits just under the level of the eaves of the main house. - 1.4 The front elevation has top opening top third casements above fixed lights and a lean to roofed square porch. The neighbouring property has no porch and has sliding sash windows.

2.0 THE PROPOSAL - 2.1 The current application proposes the additional use of the dwelling for tourist accommodation. External alterations are proposed in the form of the replacement of the sun room with a flat roofed annex with a lantern light protruding approximately 500mm above the height of the flat roof and where the roof is slightly higher than that of the sun room, sitting at the same level as the eaves of the house. - 2.2 Also proposed is the replacement of the existing red roof with slates and the replacement of the windows with timber sliding sashes. - 2.3 Four bifold doors are to be installed on the rear elevation of the extension. - 2.4 Also shown on the elevations and referred to in the application form is the installation of an air source heat pump. This does not comply with the provisions of the new Permitted Development Order on such installations (Town and Country Planning (Permitted Development and Change of Use) (Amendment) Order 2020) as it is less than 1m from the boundary of the site. No information has been provided in respect of this element, so it cannot be assessed for its impact in terms of noise, on the adjacent properties. The applicant has been contacted and now wishes for this to be omitted from the application as they are confident that they can comply with the provisions of the new Order.

## - 3.0 PLANNING POLICY

3.1 The application site is in an area designated as Predominantly Residential on the Area Plan for the South and also within a proposed Conservation Area. Given the nature of the proposal it is relevant to consider the following paragraph and policies from the Strategic Plan: - 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 General Policy 2 sets out general standards of development with which development should accord, these include the need for development to respect the character and appearance of the surrounding area as well as the living conditions of those in adjacent properties. The Residential Design Guidance also sets out advice on how new residential development can sit comfortably in

- its context and how its impact on the living conditions of those in adjacent properties may be assessed.
- 3.5 Environment Policy 22 sets out a presumption that development will not adversely affect the environment in terms of noise impact.
- 3.6 Environment Policy 35 and Planning Policy Statement 1/01 both require development to preserve or enhance the character or appearance of Conservation Areas and whilst the Area in question here is not yet designated, development should not prejudice the future designation of such areas.
- 3.7 Environment Policy 34 expresses a preference for the use of traditional materials in the extension, alteration or maintenance of pre-1920s buildings.

## - 4.0 PLANNING HISTORY

4.1 There are no previous applications materially relevant in this case. - 5.0 REPRESENTATIONS

5.1 Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.2 Highway Services have no objection (19.08.20).

5.2 Port St. Mary Commissioners have no objection (01.09.20). - 6.0 ASSESSMENT

6.1 The application seeks approval for a number of different elements and each needs to be assessed individually.

Tourist accommodation 6.2 The additional use of a residential unit as tourist accommodation. The fundamental issues to consider in the assessment and determination of this planning application are the impact of the proposal on the living conditions of the immediate neighbours and the impact on local amenity.

6.3 Although there is generally a view in favour of using residential properties for tourist accommodation as outlined in Business Policy 13, there can be times whereby this is opposed - PA 14/00194/C. There have been a small number of refusals given to applications looking to gain the same permission; the use of flats for tourist accommodation could potentially have a damaging effect on the amenities of others through the comings and goings of tourists in comparison to permanent residents, although most are granted approval there has been an instance of one refusal on appeal (14/01089/C).

6.4 The dwelling is located within an area frequented by tourists - those using the catering facilities on the ground floor of the building as well as those nearby and those using the beach. As such, the location of the premises is very suited to a tourist use. - 6.5 It is considered 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. Extension/replacement fabric - 6.6 There is a general presumption against flat roofed extensions (RDG) and the inclusion of such on a traditional building would not accord with GP2b, c and g. However, in this case there is already a flat roofed extension which is to be replaced and what is proposed is a better designed unit with a lantern light to add interest to the roofscape and with no change in the size of the extension.

6.7 Similarly, the development should at least preserve the character or appearance of the area where an area is or is proposed to be a Conservation Area. In this case it is considered that there is a slight enhancement of the character or appearance of the area with the replacement of the sun room as proposed. The replacement of the red tiles with slates and the existing windows with timber framed sliding sashes will both represent an enhancement as both elements represent the reinstatement of traditional materials. - 6.8 The air source heat pump is no longer part of the application so does not need to be assessed although reference should be made to it in the conditions to make this clear.

## - 7.0 CONCLUSION

7.1 It is considered that there is no demonstrable harm arising from the proposal and, in view of the provisions of Paragraph 9.5.8 and Business Policy 13, the application 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 the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date : 10.09.2020 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

## 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/13377-rushen-heather-cottage-extension-dwelling/documents/999456*