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Application No.: 16/01078/C Applicant: Mr Terrance Noe Proposal: Change of use to occasional holiday cottage. Site Address: Apple Garth Patrick Road St Johns Isle of Man IM4 3BN Case Officer : Miss Lucy Kinrade Photo Taken: 27.10.2016 Site Visit: 27.10.2016 Expected Decision Level: Officer Delegation
Officer’s Report APPLICATION SITE
1.1 The application site is the residential curtilage of existing property Apple Garth, Patrick Road, St Johns and existing two storey Manx vernacular property facing directly on to the main road. - 1.2 Apple Garth sits within a modest size plot on the northern side of the road, the site has a half moon shape with the River Neb running along the northern boundary. - 1.3 The main body of the existing property has a 2 up 2 down formation with the two bedrooms on the first floor and the kitchen, living area and bathroom on the ground floor. In addition to this there is an existing single storey integral garage on the west side elevation and an additional single storey reception room on the east side elevation. There is also an additional lean to walkway on the rear elevation. - 1.4 To the west of the existing house is an area of hard-standing which provides suitable off road parking for up to three vehicles. THE PROPOSAL
2.1 The current planning application seeks approval for the occasional change of use of the residential property as tourist accommodation/holiday cottage. - 2.2 There are no proposals for the alteration or amendment to the existing building. PLANNING HISTORY
3.1 There have been 3 previous planning applications in relation to Applegarth; - 3.2 PA 06/00648/B for the installation of UPVC casement windows to replace existing to front elevation which was approved in 2006; - 3.3 PA 98/01738/B for the creation of off road parking which was granted full approval in 1999 and; - 3.4 PA 89/01085/B for the conversion of coal store into an outside WC, which was also granted full approval in 1989.
4.1 Although the application site is visible on the St Johns Local Plan 1999, it lies just outside of the local plan boundary line. Nonetheless it is evident that the site lies within an area of land not designated for development. However given that the application relates to a property already in existence we can consider the following policies of the Isle of Man Strategic Plan 2016. - 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."
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."
REPRESENTATIONS
5.1 Patrick Commissioners have recommended that the application be approved (12/10/2016). - 5.2 The Department of Infrastructure commented that "the proposal is to use a dwelling house as tourist accommodation. There is adequate off road car parking provision" and as such the Highway Services have indicated that they do not oppose the application (13/10/2016). ASSESSMENT
6.1 The application seeks approval for the additional use of a residential property as tourist accommodation. The fundamental issue to consider in the assessment and determination of this planning application is the impact of the proposal on the amenity of the neighbours. - 6.2 There is generally a view in favour of using domestic properties as tourist accommodation; however there sometimes can be occasions whereby this is opposed. 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 - PA 04/00194/C. - 6.3 In the case of assessing application like this, concern lies in the potential for the tourist unit to cause disruptions to the neighbouring properties. 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 property is located along a stretch of road where housing is sporadic, the nearest neighbour in this instance is approximately 20m away and as such the comings and goings will be more no more apparent than that of those already in existence at the property. - 6.5 The house is modest and not sized to accommodate a large numbers of tourists. There is ample space provided for off road parking as to keep vehicle congestion on the main road to a minimum. It is noted that although 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.
6.6 Following a telephone conversation, the applicant further explained that the proposed use of the property was to primarily be for the busy periods of the year; May and June for the TT Races and August and September for the Manx Grand Prix Races, the cumulative time of which equates to approximately 4 or 5 months of the year. For the remainder of the months the applicant shall be in residence at the property. - 6.7 It is considered the use of the existing residential dwelling for tourist accommodation would have no adverse impacts and whether it is used for tourist or permanent residents there shall be no significant impacts on the amenities of neighbouring properties. RECOMMENDATION
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 arising from the additional use as tourist accommodation and therefore recommended for approval. PARTY 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: 31.10.2016 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.
This approval relates to the location plan, ground floor plan and first floor plan all date stamped and received 19/09/2016.
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: 04.11.2016 Determining officer
Signed : S CORLETT Sarah Corlett Senior Planning Officer
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