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Application No.: 16/00270/C Applicant: Jillian Routledge Proposal: Additional use of residential apartment as tourist accommodation Site Address: 3 Holmes Court Rowany Drive Port Erin Isle of Man IM9 6LW Case Officer : Mr Edmond Riley Site Visit: 06.04.2016 Expected Decision Level: Officer Delegation
1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of 3 Holmes Court, which is a first-floor, twobedroom apartment located south of Port Erin Golf Club and Rowany Drive. Along here are a number of purpose-built apartment blocks of similar style and of no particular architectural merit, along with some detached dwellings as well. Those with a northern aspect benefit from fine and open views of the golf course and countryside in this part of the Island. - 1.2 The ownership of the building, which provides four flats, also includes four single garages to the rear.
2.0 THE PROPOSAL - 2.1 Proposed is the additional use of the property as tourist accommodation in addition to the existing, residential use. No external changes are proposed to the building or its grounds.
3.0 PLANNING HISTORY - 3.1 Neither the site nor Rowany Drive itself has been the subject of applications considered material to the assessment of this one. - 3.2 There have been other applications of this kind in Port Erin in the recent past, though, and invariably these were approved (most recently at Beachcomber Cottage on Marina Lane under PA 16/00060/C). None can be found relating to apartment buildings in the town, though it is noted that several such proposals have been submitted along Douglas Promenade in recent years. Again, invariably, these are approved. - 3.3 Such a proposal at a semi-detached dwelling in Ard Reayrt in Laxey was refused. In that instance (PA 96/01285/C), the Inspector was concerned that the nature (that is, its size) of the dwelling could result in there being more people in it at any one time than would be the case if the dwelling were occupied as a private residence and the comings and goings and potential for disturbance to neighbours would be greater. He also identified that the higher turnover of occupants would be less likely to result in the occupants getting to know the neighbours, undermining the community spirit of the area.
3.4 A similar conclusion was reached much more recently in respect of a proposal to add tourist use to a residential apartment at the Empress Apartments in Douglas. The Inspector recommended the application be refused for the following reasons (the Minister agreed):
3.6 The Inspector appears to have been persuaded that there was a clear element of community feeling within Empress Apartments. This, along with the level of concern demonstrated by the residents of the building and a lack of any supporting statement from the applicants, were such as to indicate that the proposal would cause demonstrable harm to the amenity of the residents of the building contrary to Business Policy 13. It is appropriate to conclude that this finding as a key material consideration in the assessment of applications for similar proposals in future, while also remembering the important principle that every application should be treated on its own merits. - 3.7 It is interesting to note that the Inspector recommended a pair of conditions (in addition to the standard condition requiring the use be begun within four years of the approval's issuance) should the Minister have been minded to approve the application:
"Reason: A 2-year trial period would provide useful evidence about the effect, if any, that the approved change of use has had on living conditions at Empress Apartments."
"Reason: To assist in the assessment of the effect, if any, that the approved change of use has had on living conditions at Empress Apartments."
4.1 The site lies at the very northern edge of a large area zoned as predominantly residential on the Area Plan for the South, while to the north the land is zoned as Golf Course. With this in mind, it is considered that paragraph 9.5.8 and Business Policy 13 of the Strategic Plan apply.
4.2 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."
4.3 Business Policy 13 states in full: "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."
5.1 Highway Services of the Department of Infrastructure indicated the proposal has no highways implications on 15.03.2016, while Port Erin Commissioners resolved to support the application in comments received on 13.04.2016. - 6.0 ASSESSMENT
6.1 Although the Strategic Plan establishes a general presumption in favour of proposals such as this, there are occasions where the change in nature and character of a building in the manner proposed can be found to be unacceptable.
6.2 In view of the Inspector's assessment of the proposal at Empress Apartments (paragraphs 33 to 3.6, above), it is reasonable to consider that the acceptability of the current proposal will turn on the level of concern raised. - 6.3 It is difficult to assess how an individual person would behave whether they be a tourist or permanent resident. As a tourist, a person may be out a lot of the time, but may also have greater late nights and be disruptive on return. On the other hand, permanent residents may be at home more of the time, but be more likely to invite friends or family over for dinner or parties that may be noisy. In general terms, however, the majority of people tend to behave well and raise no concerns, although there will always be a percentage that might not, whether they are a permanent resident or otherwise.
6.3 The apartment is located within a purpose-built building amongst other such buildings as well as individual, detached dwellings, and also opposite a golf course: additional comings and goings would be more apparent than if the apartment were isolated, or otherwise more clearly distinct from other nearby residents. That being said, there is off-street parking, in additional to private front and rear space and, while the nature of the use might be different from permanent residential accommodation, 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. - 6.4 In view of the lack of concern raised with respect to the proposal, it is considered that there is no demonstrable harm arising from the proposal and, in view of the provisions of Business Policy 13, the application is therefore recommended for approval.
8.0 INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:
With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word
'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order. Recommendation Recommended Decision: Permitted Date of Recommendation: 03.05.2016 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
The development hereby approved relates to the Location Plan (scale 1:1000) and Floor Plans, both date-stamped as having been received 4th March 2016.
I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date: 09.05.2016 Determining officer
Signed : C BALMER Chris Balmer Senior Planning Officer
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