DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 23/00573/C Applicant: Adorn Properties Limited Proposal: Additional use of Apartments 2, 3 and 19 as tourist accommodation Site Address: Flats 2, 3 & 19 The Elms Lezayre Road, Ramsey IM8 2TA Planning Officer: Mr Hamish Laird Photo Taken: 15.06.2023 Site Visit: 15.06.2023 Recommended Decision: Permitted Date of Recommendation: 11.10.2023

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 application accords with the provisions of Environment Policy 22, Environment Policy 23, Business Policy 13, General Policy 2 and Community Policies 7 and 11 of the Isle of Man Strategic Plan 2016, and is recommended for approval.

Plans/Drawings/Information;

The development shall be carried out strictly in accordance with the following approved plans and details:

Drawing No. 01 Rev. A - Site Location Plan; Site Plan; and, Proposed Plans and Elevations; As date stamped received 6th April, 2023. _______________________________________________________________

Interested Person Status

Additional Persons

A letter of objection to the application was received from a resident at 5 Dreeym Jallyn, Ramsey, IM8 2JY.

The comments received from the neighbour relate directly to planning matters. However, because they are located more than 20 metres from the site, they should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings mentioned in Article 6(4) and because they do not satisfy all of the requirements of paragraph 2 of the Department's Operational Policy on Interested Person Status (July 2018), in that they own/occupy land directly located more than 20m from the site.

_____________________________________________________________________________ Officer’s Report SITE

1.1 The site comprises a three-storey, apartment block containing 20 apartments, standing in spacious landscaped grounds with car parking to the rear. It located on the North West side of Lezayre Road, Ramsey. It lies within a residential area with Ramsey Grammar Scholl located on the opposite side of the road to the south. - 1.2 The site lies within the Settlement Boundary for Ramsey where it is classed as being located within a 'Predominantly Residential' area as shown in the Island Development Plan Draft Area Plan for the North and West (24 June, 2020). PROPOSAL

2.1 The full application proposes the "Additional use of Apartments 2, 3 and 19 as tourist accommodation". The submitted drawings show the existing apartment block with ground floor plans for Apartments 2 and 3; and, first floor plans for Apartment 19, with corresponding elevations highlighting the position of the Apartments within the block. The 1:500 scale site layout plan shows allocated car parking spaces - 1 each for Apartments 2 and 3; and 2 spaces for Apartment 19. - 2.2 There are no physical works proposed to facilitate the development. PLANNING HISTORY

3.1 03/00345/B - Erection of block of twenty apartments to replace former demolished Approved - 17/7/2003. PLANNING POLICY - 4.1 In terms of local plan policy, the site lies within the Settlement Boundary for Ramsey where it is classed as being located within a 'Predominantly Residential' area as shown in the Island Development Plan - Draft Area Plan for the North and West (24 June, 2020).

4.2 In terms of paragraphs and policies within the Strategic Plan, Business Policy 13 sets out a general presumption in support of private dwellings as tourist accommodation provided it does not compromise the amenity of the neighbours, Environment Policy 23 also addresses changes to neighbouring amenity as a result of development. The general design standards set out in GP2 and the Residential Design Guide 2021 shall also be taken into consideration along with Environment Policy 13, Community Policies 7 and 11 in respect of flood risk, minimising criminal activity and reducing spread of fire.

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

5.1 Ramsey Town Commissioners - have no objection to this proposal. (29/6/2023).

5.2 Department of Infrastructure Highway Services - comments received on 16/3/23 Highways advises: - "23/00573/C - After reviewing this Application, Highway Services HDC

finds it to have no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised that to consider installing cycle parking storage and an electric vehicle charging point to aid Active Travel and net zero objectives."

5.3 One letter in the form of a third party/neighbour representation has been received advising as follows: "I am writing to object to the proposal for flats 2, 3 and 18 The Elms, Lezayre Road Ramsey IM8 2TA to be used as tourist accommodation. This proposal will bring noise, a strong possibility of anti-social behaviour, and disruption to a family community. It is needless to say that people using these flats as tourist accommodation will likely be coming and going at late hours and could well be under the influence of alcohol leading to noise and commotion when residents on the neighbouring estate have children and work commitments. Also, bringing strangers into the area which is accessed from a housing estate where many young children play outside is also a cause for concern. I will be watching these developments carefully and wish to reiterate my strong objection to this proposal." - 5.4 The writer has provided a separate address in Ramsey to that of the application site.

ASSESSMENT

6.1 The application seeks approval for the change of use of three of the existing Apartments in this 20 Apartment Block to a residential use with the additional use of the residential property as tourist accommodation. Both uses are generally supported as long as they would not compromise neighbouring amenity. Although there is generally a view in favour of using domestic properties as tourist accommodation, there can be times when this is opposed. There has 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 - PA 04/00194/C - at Flat 4, Highcliffe & Beachmount, South Promenade, Port Erin, IM9 6JD.

6.2 In this case, comments raising concerns as outlined above have been expressed by a neighbour who has given a separate address to that of the application Block of Apartments. Apartments 2, 3 and 19, The Elms are owned/controlled by the applicant, Adorn Properties Ltd, and are presently solely in residential use. There is no record of any other Apartments in the block being approved for use for residential/tourist accommodation.

6.3 The site is located in a residential area opposite Ramsey Grammar School, and is within easy walking distance from Parliament Square in Ramsey, where tourists congregate to watch the TT and Manx GP races during their respective race meetings; the Town centre, Sulby River, and Ramsey Harbour. The proposal involves the allocation of 4 No. car parking spaces in the car park to the rear of the block. Ramsey Grammar School is located opposite the site with the pick-up/drop-off layby located directly opposite on Lezayre Road. There are already elements of noise and disturbance from associated traffic using the layby, as well as vehicles passing along the A27 Lezayre Road, although the layby use would occur mostly at school opening/closing times. - 6.4 Ramsey is a busy settlement located in the north of the Island and Lezayre Road forms part of the TT course. It would, therefore, be difficult to differentiate between the behaviours of tourists, permanent residents or school traffic and toings and froings, in the locality, which may be no more apparent than the daily movements of those living in the property and those in the nearby area; and, during race meetings. It could be that 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 this case, it is

• noted that the surrounding and nearby uses are mostly residential properties and the Grammar School. In general, it is considered that incidences of anti-social or disruptive behaviour are very unlikely to arise as a result of the proposed development, which would relate to 3 of the existing 20 Apartments.
• 6.5 The existing properties are shown on the submitted plans as benefitting from a total of 4 No. off road vehicle parking spaces to the rear and it is unlikely that there will be any new or increased demands on parking beyond that of the existing residential demand and use as a result of the tourist proposal. There are bus stops located in the vicinity of the site and onstreet parking in adjoining streets to the north, as well as nearby public car parks a short walk away at Albert Road, and Victoria Mall. A Disc Parking scheme relating to on-street car parking is also in operation for short stay parking requirements. These could be used by the current occupants or by any anticipated tourists. It is noted that Highway Services has raised no objection to the proposals.
• 6.6 Although the nature of the use may, if used for tourism purposes, may be different from permanent residential accommodation, the use of the site for private rental accommodation would not require planning approval and could result in frequent and continual turnover of residents, although of a low impact on any adjoining or nearby occupants residential amenities. Therefore, it is considered that the use of the existing residential Apartments as either a residential dwelling or as tourist accommodation would have a similar impact, which overall, would be very unlikely to result in any significant adverse impact upon the living conditions of occupants of any neighbouring properties.
• 6.7 The comments from DoI Highways in respect of installing cycle parking storage and an electric vehicle charging point to aid Active Travel and net zero objectives are noted, however, the siting of the allocated car parking spaces away from the main Apartment Block and the difficulty in running cables to such spaces, would prevent such measures being installed without operational difficulty arising from disruption to other residents/car park users in the Apartment Block.
• 6.8 It is considered that the additional use as tourist use would not result in any changes beyond current occupation in terms of anti-social behaviour nor increase the likelihood of flood risk or spread of fire beyond the existing arrangement. In these respects, the proposal is considered to be acceptable.

CONCLUSION

7.1 For these reasons the proposal is considered to comply with the relevant polices of the Isle of Man Strategic Plan 2016 and there is no demonstrable harm to the above outlined interests arising from the application. The living conditions of the neighbouring properties would not be made worse as a result of the proposal and as there are no physical works proposed. There would be no adverse impact on the character and appearance of the Apartment Block containing these 3 units within the street scene, or to the character and appearance of the surrounding area.

7.2 The application accords with the provisions of Environment Policy 22, Environment Policy 23, Business Policy 13, General Policy 2 and Community Policies 7 and 11 of the Isle of Man Strategic Plan 2016, and is recommended for approval. 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 Acting Head of Development Management 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 : 16.10.2023 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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