9 May 2023 · Delegated
Michael Turner & Co, 17, Hope Street, Douglas, Isle Of Man, IM1 1aq
The property is a mid-terraced building on Hope Street, Douglas, which was originally a dwelling before being converted to offices in 1998. The proposal was to reverse that change of use, creating a three-floor residential layout — with a kitchen/dining room and lounge at ground floor, two bedrooms with en-suite facilities on the upper floors, and storage in the roof void — while also allowing the property to be let as tourist accommodation. No physical works to the building were proposed, and two car parking spaces to the rear were shown on the submitted plans. The site sits within the Douglas Town Centre boundary and the St George's Mixed Use Proposals Area, just outside the Athol Street/Victoria Street Conservation Area. The key planning issues were whether the change of use would harm neighbouring amenity, affect the character of the street scene, or impact the nearby Conservation Area. Officers concluded that, because no external works were proposed, there would be no visual impact on the street scene or Conservation Area, and the residential and tourist use would not worsen conditions for neighbouring occupiers.
The proposal was approved because no physical changes were proposed, meaning there would be no impact on the appearance of the building, the street scene, or the adjoining Conservation Area. The residential and tourist use was not expected to harm neighbouring amenity or increase risks such as anti-social behaviour or flood risk beyond the existing office use. The Isle of Man Strategic Plan supports the use of private dwellings as tourist accommodation where neighbouring amenity is not compromised, and this proposal met that test.
Paragraph 9.5.8
general presumption in support of private dwellings as tourist accommodation
large tourism element, such as Douglas Promenade, may be designated for "Residential/ Tourism" use (other potential uses may be identified and incl uded in a mixed designation if appropriate). 9.5.8 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. In Chapte r 7, there are described the circumstances in which redundant buildings in the countryside can be converted into dwellings. These policies apply equally to tourist use, except that it may very often be possible to convert to tourist use buildings which ar e too small to form a satisfactory permanent dwelling. The following policies and proposal are thus appropriate:
Business Policy 13
general presumption in support of private dwellings as tourist accommodation
Business Policy 13: Permission will generally be given for the use of private residential properties as tourist accommodation providing that it can be demonstrated that such u se would not compromise the amenities of neighbouring residents.
Environment Policy 23
changes to neighbouring amenity
Environment Policy 23: When considering alterations and improvements to existing facilities the Department will require that consideration be given to the potential adverse impact of the proposed changes to existing neighbours. 7.18 Environmental Impact Assessment(1) 7.18.1 Environmental Impact Assessment (EIA) is an important procedure for ensuring that the likely effects of new development on the environment are fully understood and taken into account before the development is allowed to go ahead. It is a process by which information about the likely environmental effects of certain types of development is collected, assessed and taken into account by the developer (as part of project design) and by the planning authority (in determining the acceptability of the application). In cases w here developments are likely to have significant environmental effects, whether public or private, by virtue of their nature, size or location, EIA's will be required and the general principles set out in Appendix 5 should be followed. 7.18.2 For some types of development, EIA's will be required in every case, whilst other development will only require an EIA if the particular project is judged likely to give rise to significant environmental effects. Where development does not fall wit hin these categories, (1) Environmental Impact Assessment is defined in Appendix 1 but still has a significant effect on the environment, the Department will require suitable supporting environmental information. The main criteria for judging significance are as follows: i. major developments which are of more than local importance; ii. developments which are proposed in particularly environmentally sensitive or vulnerable locations; iii. developments with unusually complex and potentially hazardous environmental effects. 7.18.3 A Planning Policy Statement will be issue d specifying the manner in which the Department intends to deal with applications which should be subject to EIA. Pending the adoption of the proposed Planning Policy Statement the Department will adopt current practice on EIA's from England and Wales set out in the publication "Environmental Impact Assessment: A Guide to Procedures" (1).
Environment Policy 35
protect the character and appearance of the Conservation Area
Environment Policy 35: 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. 7.30 Development adjacent to Conservation Areas 7.30.1 It is often the case that important views into and out of a Conservation Area can contribute significantly to its character. It is necessary to assess the impact any development adjacent to conservation areas may have on such views.
General Policy 2
general design standards
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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (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; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks; (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; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption. 6.3 Development outside of areas zoned for development
Environment Policy 13
general design standards
Environment Policy 13: Development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted. 7.13. Agriculture 7.13.1. Agriculture is an integral and vital part of the rural economy and rural society and to a great degree is responsible for the appearance and stewardship of the countryside. The Island's farms not only provide the community with a healthy proportion of meat and vegetable produce but also provide employment opportunities. It is important to sustain agric ultural industry by safeguarding its prime resources, by allowing appropriately designed and sited new buildings (where need is established) and by encouraging conservation -based land management regimes (including appropriate tree and shrub planting). Howe ver, this must not be at the expense of the appearance and character or openness of the landscape, or result in the loss of traditional hedgerows and field boundaries or the loss of limited areas of good quality agricultural land. A recent study on agricultural soils on the Isle of Man (1) revealed that the majority of the agricultural land on the Island (80.26%) fell within Class 3, based on the land use capability class system in England and Wales (classes range from Class 1 to 5, with Class 1 being the mo st versatile land). Class 3 land characteristics can be summarised as land with moderate limitations which restrict the choice of crops and/or demand careful management. Only 4.87% of agricultural land falls within Classes 1 and 2. According to the agricultural land use capability map (figure 4 of the study), all of the Class 1/2 land of which Class 1 is the dominant class can be found in the south of the Island to the east of Ballasalla. New Area Plans will include a general presumption against the rel ease of Class 1 and 2 agricultural land for development. The highest level of protection will apply to the highest graded quality of land with Classes 1 and 2 soils being afforded most protection from development and being taken out of agricultural use. Where there is a proposal to develop land which is categorised in the Agricultural Soils of the Isle of Man report as being mixed Classes 2 and 3, those wishing to develop the land should ascertain which parts of the site represent higher grade of soil wi th these parts being avoided for development purposes. 7.13.2 One of the prime considerations in the determination of development proposals in the countryside will continue to be the conservation and enhancement of the landscape. In terms of the di versification of farms and farm buildings, there may be some circumstances where this may be appropriate and it is acknowledged that small scale enterprises can promote healthy economic activity in rural areas whether this be for commercial, industrial, tourism, sport or recreation uses. There is, however, a general presumption against the introduction of new uses into the countryside (including industrial or office uses): (a) for which there is no local need; (b) which would materially effect the rural character of an area; (c) which would necessitate the creation of new buildings; and (d) which would be more appropriate in industrial zones, business parks or within urban centres. 7.13.3 In recent years there has been increasing demand for new development and buildings in the countryside, particularly for new modern agricultural buildings. Such buildings can have, and in a number of areas already have had an adverse effect on the character and appearance of the landscape, particularly when sited in exposed locations away from building groups and on elevated land. It is important that new development should be compatible with the character of the surrounding area, and the need for n ew buildings in the countryside will be balanced against the harm that development may have on the particular environment within which it is proposed. In terms of new agricultural dwellings, permission will not be granted unless real agricultural need is demonstrated and will in every case be assessed in terms of need, sensitive siting, design, and size, and be subject to an agricultural occupancy condition. (1) Agricultural Soils of the Isle of Man, Harris et al, (Centre for Manx Studies) 2001 7.13.4 It is recognised that there have been considerable changes in the economy in the last twenty years. The number of people in full time agricultural employment has reduced for a number of reasons including increased mechanisation, reductions in the number of farms; and increases in the size of farm holdings. In many cases smaller farms have been amalgamated into larger units to increase economic viability. This has often been accompanied by the sale of former farmhouses and cottages to those who do not earn their employment in agriculture. At the same time there has been an increase in part time involvement in farming either where the income from agriculture is supplemented by other employment or where the person's main employment is not in agriculture but they farm on a part time basis. In considering the applications for new houses in the coun tryside the Department will give careful consideration to agriculture justification based on full time employment in agriculture. See also Section 8.9 in Chapter 8 - Housing.
Condition 1
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
