Copy Decision Notice

CABINET OFFICE Government Office DOUGLAS Isle of Man IM1 3PN Direct Line (01624) 685280 Fax Number (01624) 685710 Email [email protected]

CHIEF SECRETARY Will Greenhow ACMA

25th July 2017

Our Reference: DF17/0005

DEFA Planning Secretary DEFA Planning & Building Control Division Murray House Mount Havelock Douglas

Dear Miss Corlett,

TOWN AND COUNTRY PLANNING ACT 1999 The Town and Country Planning (Development Procedure)(No 2) Order 2013

I refer to the abovementioned application, and in accordance with the obligations set down in statute, I herewith give notice of the decision as follows.

On 20th July 2017, the Council of Ministers considered the recommendations of the Planning Inspector and determined to approve the application subject to the following condition(s).

D. Clow.

Mr Will Greenhow ACMA Chief Secretary

Date of Issue: 25th July 2017

Reference	17/00405/B
Applicant	Mr James Kearns
Proposal	Conversion of existing store / retail / craft areas to provide tourist living accommodation
Address	Silverdale Mill Complex Silverdale Glen Silverdale Road, Ballasalla IM9 3DS

Conditions of Approval

1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

Reason: To comply with Article 14 of the Town and Country Planning (Development Procedure) (No 2) Order 2013, and to avoid the accumulation of unimplemented planning approvals.

1. The development hereby approved shall not commence until a Site Management Plan has been submitted to and approved in writing by the Planning Authority to include direct or indirect overnight guest supervision, promotion of the preferred use of the main public car park at Foxdale Road, provision of a handrail along the access footpath and security cameras at the car park itself. The development shall be carried out and managed in accordance with the Site Management Plan approved.

Reason: To secure the appropriate use of the available car parking facilities and to avoid obstruction to Silverdale Road and noise and disturbance to local residents.

1. The tourist accommodation hereby approved shall not be used or occupied other than as short-let holiday accommodation and shall not be used as a dwelling or dwellings for permanent occupation. No part of the accommodation hereby approved shall be occupied by the same person or persons for any single period or cumulatively for more than a total of 28 days in any one calendar year.

Reason: To prevent the creation of any unjustified, permanent residential dwelling in the countryside.

Please be advised that the decision of the Council of Ministers is binding and final.

All parties should note that there is no prescribed right of appeal relevant to the Council's decision herein and accordingly the only right of challenge is by a petition of doleance brought to the High Court of Justice of the Isle of Man. Such doleance proceedings required to be issued promptly and in any event within 3 months.

Yours faithfully,

A Johnstone

A Johnstone Planning Appeals Administrator On behalf of the Chief Secretary

Crown Division Government Offices Douglas Isle of Man

5 July 2016

To the Council of Ministers

Case Reference: DF17/0005 Planning Application: 17/00405/B

Application by Mr James Kearns for planning approval for change of use of existing store/retail/craft areas to create hostel type tourist accommodation, including associated facilities, at Silverdale Mill Complex, Silverdale Glen, Silverdale Road, Ballasalla, IM9 3DS.

Procedural Matters

1. On Tuesday 27 June 2017, I held an Inquiry in connection with the above application. A list of those present is at the end of this Report. I visited the site, the interior of the application building and the surrounding area the day before the Inquiry took place.

1. The application cannot be considered by the Planning Committee because the application site is owned by the Department of Environment, Food and Agriculture (DEFA), of which Planning and Building Control forms part. Section 10(1)(b) of the Town and Country Planning (Development Procedure) (No 2) Order 2013 sets down that the application cannot be considered by the Planning Committee, or by an officer of the Department, but must be determined by the Council of Ministers.

1. For the avoidance of doubt, the application proceeds and the advice of the Planning Authority is based upon amended Location and Block Plans WL/17/1404/3A and 4A, received 20 April 2017, and Existing and Proposed Floor Plans WL/17/1404/1 and 2, received 7 April 2017.

1. At the Hearing, the Applicant stated that consideration is being given to reducing the number of bedrooms and increasing the number of showers proposed, to ensure that five-star hostel standards would be met. This might reduce the potential impacts of the proposed development but might also entail the submission of an amended application to the Planning Authority. For the latter reason, this Report considers the application strictly as submitted.

1. Some concern is expressed that the advertisement of, and time allowed for public comment on the application were inadequate. However, the Planning Authority is content that all statutory consultation procedures have been implemented and there is no evidence to the contrary. Moreover, the public Hearing afforded the proper opportunity for all views, and objections in particular, to be expressed. I am satisfied that the

Ministers may safely proceed to a decision on the information and responses before them, as summarised and appraised in this Report.

1. Many of the public comments received refer to the terms of the head lease relating to the application property, as well as to the funding and financial viability of the Silverdale Complex and the development now proposed. However, these are not strictly planning considerations, save in as much as they may inform judgement on the planning issues arising.

The Site and its Surroundings

1. The application site encompasses the Silverdale Mill Complex, together with the public car park, which lies adjacent to the main A3, Castletown to Foxdale Road, and the public footpath linking the car park to the Complex. The proposed accommodation would occupy two floors of Cregg Mill, within the Silverdale Complex. Access to Cregg Mill is from Silverdale Road, which runs eastward from the A3 towards Philldraw and Ballasalla.

1. The Complex is situated at the northern end of Silverdale Glen, close to the popular pedestrian route between Rushen Abbey and Athol Bridge. The site is within the Silverdale Glen Conservation Area (CA), which was designated in 1993 due to historic associations. Cregg Mill is also specifically identified, in the Area Plan for the South of 2013, as worthy of consideration for Registration.

1. The former Cregg Mill is a three-storey, stone building with an ice cream making facility and viewing area on the lower ground floor. It is situated alongside the Silver Burn to its east, with additional buildings to the west and south west. These are later additions providing a restaurant, public toilets, and craft workshops. The ground and upper ground floors of the Mill itself, including a former café, are currently unused. There are additional parking areas immediately south and west of the buildings. To the north of the buildings is a boating lake and play equipment, including an historic, water-powered roundabout, run by a small mill race.

1. There are several residential properties near the site. Silverdale lies some 40 metres to the east and Mill House, approximately the same distance to the south west, with Silverdale House just beyond. Cregg Mill Lodge lies towards the western end of Silverdale Road, close to the junction with the Foxdale Road.

1. The Applicant operates the site as tenant of the owning Department, which also owns the public car park.

The Proposed Development

1. The proposal is to convert the ground and upper ground floors of the original Cregg Mill building to provide tourist accommodation in the form of one double and seven twin bedrooms, together with four showers and a communal guest lounge, with cooking facilities, created from the former café. In practice, each bedroom could accommodate three guests, making a maximum complement for the proposed accommodation of 24 persons.

1. The only physical changes to the building would be internal, including the introduction of stud walling, new fire alarm and sprinkler systems, with all stairwells retained as existing. The ice cream unit on the lower ground floor would also remain as existing.

1. The stated intention of the Applicant is to provide five-star, hostel-style accommodation to UK tourism standards, attractive to visiting couples and individuals in the 55 year old age group, and to families, with the existing restaurant offering full board if required.

1. The Applicant is expressly willing to be bound by agreement or planning condition to provide a minimum four-star standard of hostel accommodation by UK guidelines and to enter into, and implement, a Site Management Plan to include overnight guest supervision and to promote the use by guests of the public car park and not the parking areas at the Silverdale Complex itself.

Planning Policy and Guidance

1. The site and associated facilities lie within an area designated for Tourism in the Area Plan for the South (APS), which identifies Silverdale, along with Rushen Abbey and Ballasalla, among many tourist attractions in the area. The APS notes a general decline in the number of tourist accommodation units in the south of the Island and records the approach of the Tourism Division to support the retention and development of tourist accommodation.

1. Cregg Mill is identified by the APS as a building worthy of consideration for Registration (Appendix 5 - Malew 17)

1. The adopted Isle of Man Strategic Plan 2016 (SP) contains the following policies relevant to this application.

1. Strategic Policy 1 (SP1) states that development should make the best use of resources, including by optimising the use of unused and under-used buildings.

1. SP4 includes general requirements for development (a) to protect Registered Buildings and Conservation Areas and, (c) not cause or lead to unacceptable environmental pollution or disturbance. SP10 includes criterion (c) that development should not adversely affect highway safety.

1. General Policy 2 (GP2) of the SP normally permits development which is compliant with the land use zoning of the APS. That is subject to a range of criteria including that the development (c) does not affect adversely the character of the surrounding landscape, (g) does not affect adversely the amenity of local residents or the character of the locality, (h) provides satisfactory safe and convenient access and adequate parking, and (i) does not have an unacceptable effect on road safety or traffic flows on local highways.

1. With respect to Tourism, Paragraph 4.4.4 of the SP states that Island tourism should be fostered, including by making appropriate use of the natural attractions and built heritage of the Island. SP8 provides that tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, do not affect adversely environmental or highway interests and where they enable enjoyment of the natural and man-made attractions of the Island.

1. Business Policy 12 (BP12) of the SP generally favours the conversion of redundant buildings in the countryside to tourist use. BP11 requires tourism development to be in accordance with the sustainable development objectives of the SP, applying policies and designations to protect the countryside with as much weight as to other types of development. That is subject to the criteria of Environment Policy 16 (EP16) on the conversion of existing rural buildings for tourism.

1. EP16 permits the tourist use of existing rural buildings, subject to requirements including that, (a) the building is no longer required for its original purpose and is capable of renovation, (b) fabric of historic, architectural, social or visual interest should be preserved, (d) there should be no unacceptable traffic generation, and, (f) the benefits should outweigh any adverse environmental or economic impacts.

1. Environment Policy 35 (EP35) of the SP makes the provision that, within Conservation Areas, only development which would preserve or enhance the character or appearance of the CA will be permitted.

1. Planning Policy Statement 1/01 (PPS1/01) supports EP35 of the SP, in particular by its Policies CA1-2. With respect to Registered buildings, PPS1/01 refers to the need to identify the optimum viable use that is compatible with the fabric, interior and setting of the building. It further states that an applicant for permission to convert such a building will have to illustrate that the effect of any proposed changes upon the architectural and historic interest of the building will be minimised. There is further reference to the particular importance to find appropriate new uses for buildings in Government ownership which are no longer in active use.

Advice from DEFA Planning and Building Control Directorate

The material points are:

1. The issues are whether the proposed conversion would adversely affect the building (albeit not Registered and requiring no consent for internal alterations) and whether the proposed development would cause any adverse impact on the living conditions of nearby residents, on car parking and highway safety or on the operation of the Silverdale Complex generally.

1. The site is designated by the ASP for tourism, supporting the principle of the proposed use. The Complex clearly encourages visitors, and tempts them to stay, by the offer of activities, such as the playground and boating lake, the Glen walks and the cafe. Silverdale has been a popular tourist

attraction for a considerable time. The recent provision of a coach and car parking area on Foxdale Road greatly relieves the road network that directly serves the site.

1. Direct access to the site is from either Ballasalla or Foxdale Road, via narrow, winding, rural roads, with limited space for passing or parking and limited forward visibility. A public footpath has been upgraded so that users of the car park can walk down the surfaced path, which has seating areas and timber build-outs to help those less steady on their feet, and access the Silverdale Complex in a few minutes. The path is suitable for use by those with prams or wheelchairs.

1. There are four allocated staff parking spaces alongside the Mill. There are a further 40 public spaces in the new car park. A bus service runs every 20 minutes between Douglas and Port Erin, with slightly fewer runs on Sundays and Bank Holidays, but with additional steam train services during the summer. The site is a ten minute walk from Ballasalla.

1. Day visitors tend to park alongside the buildings or on Silverdale Road, making it difficult for motorists and pedestrians to use this route. However, the new car park is readily accessible from the site. Those staying in the proposed accommodation would be more likely than day visitors to park in the new car park, as part of their agreement to stay at the site.

1. Cregg Mill is an historic building in its own right, as well as being part of an important area frequented by visitors and local people alike. It is not considered that the provision of accommodation, as proposed, would add significantly to the traffic generated by the Complex, nor create an insurmountable parking problem. Those staying at the accommodation are unlikely to remain within the Complex for the majority of the day, when day visitors come to the site. This would result in more, not less, parking space being available during the day, whilst those staying in the accommodation would be obliged to comply with the requirements of the letting agreement and park in the main car park. Parking spaces within the Complex are more likely to be available overnight and in the early morning and evening, in any event, when the site is generally less visited, other than for events at the restaurant. It is also likely, given the concern about noise, that such problems will be less likely to occur if people are staying on the premises. The facilities of the premises are limited and, in themselves, are unlikely to result in rowdy behaviour, noise or odour nuisance.

1. It is important that historic buildings, such as Cregg Mill, are used and maintained. This is not currently the case, whereas the proposed use would complement the other attractions and facilities in the area. Whatever the desires of those living in the vicinity may be as to the use of the buildings in the Complex, the Tourism designation of the ASP includes residential accommodation. In particular, EP16 allows for the conversion of the building for that purpose. In terms of redundancy with respect to the original purpose of the Mill, there is no suggestion that the Mill should revert to milling or manufacturing purposes only. Its recent uses for craft or retail are no more aligned with the original use than would be the tourist accommodation now proposed. It is also relevant that, were this space to

be used for a future tourist attraction, as suggested by the Commissioners, this would also generate additional visitors and traffic at times when parking is most in demand, exacerbating the concerns of the local residents.

1. Due to the considerable interest of the building and the wider surrounding area, the comments of the Conservation Officer were sought. The response confirmed that Cregg Mill makes a definite, positive contribution to the Silverdale CA. In the absence of external alterations, the use of under-utilised floors within the building for visitor accommodation, associated with the outdoor activities offered, seems perfectly reasonable. The development would help to ensure the important continued use of the historic building.

1. The reputation of the Applicant, the viability or otherwise of the business plan and doubts expressed locally over the quality of the accommodation or the building work are not material planning concerns. Similarly, previous experiences of nuisance are not relevant to this proposal, as they apply to specific social functions, as distinct from living accommodation. Moreover, having people resident in the building overnight is likely to bring additional control over late night and noisy behaviour, given the Applicant would wish to encourage returning custom and positive feedback from satisfied clients.

1. The term 'hostel type accommodation' is subject to wide interpretation, ranging from 'cheap and cheerful' to something more sophisticated. In this case, the Applicant has identified a need for five-star, hostel-style accommodation on the Island, in conjunction with the Department of Economic Development (DED) Tourism Division. The DED confirms that there is an upturn in this part of the market. It is hoped to target couples and individuals, who currently represent 60% of the visitor market, but also to cater for others, including families and people visiting family and friends. Many of the attractions of the Island, such as walking, heritage and sightseeing, are within a short distance of Silverdale.

1. The Applicant aims for 146 days (40 per cent) occupancy a year, for each of the rooms. The tourists would also add custom for the restaurant. The existing restaurant would offer breakfast, lunch and dinner to resident guests if required, and the communal room would also be equipped with cooking facilities.

1. The Applicant leases the building from DEFA, which is responsible for the planning function. Therefore, the position of the Planning Authority in this case is more difficult than usual, in that the Department owning the building is supporting the application by allowing the application to be made and potentially benefitting from the income derived.

1. However, in assisting the Inspector to reach a recommendation, the Planning and Building Control Division would refer to EP16, which would support the application. Reference is also made to the advice of the DED Tourism Division, which identifies the proposal as compliant with their strategy, as well as the views of the DOI Highway Services and the Conservation Officer, neither of whom suggest that the application is

objectionable in any way. The Planning Authority fully acknowledges the importance of the building, which is of potential Registration quality. This makes it even more important to find a viable use for it. It is difficult to see how the use of the building as tourist accommodation would make the Complex less welcoming for those interested in the restaurant, play facilities, boating lake or the Glen, or how its presence would deter visitors to the Complex, whereas unused or under-used built fabric is likely to discourage return visits.

1. If the application is recommended for approval, the Planning Authority would support the imposition of a condition requiring the advance approval of a Site Management Plan to include direct or indirect overnight guest supervision and the promotion of the preferred use of the main public car park at Foxdale Road, together with the provision of a handrail along the access footpath and security cameras at the car park itself. The Planning Authority would also suggest the model condition limiting occupation of the proposed accommodation to short-let holiday use up to 28 days a year and not as a separate dwelling.

Representations by the Applicant, Mr James Kearns

The material points are:

1. Mr Kearns holds the head lease of the Silverdale Complex and will continue to operate the ice cream factory and the café. The two vacant floors of Cregg Mill offer disabled access at ground floor level. The traditional building lends itself to tourist accommodation, close to walking routes and attractions, served by good public transport.

1. Meetings with DED Tourism officials and other research have led to the target market of five-star hostel accommodation for older couples and individuals, which comprises over 60 per cent of this demand sector, and for which there is current under-provision on the Island.

1. In response to local objections, it was intended to accept a tenant to occupy the two rooms, which are the subject of this application, for a craft business. Objections from other tenants within the Complex led to this being refused by DEFA as owner of the building. Other alternatives already permitted, such as a children's nursery, would generate more traffic and congestion at regular times, due to the specific start and finish periods of such businesses.

1. In contrast, the development now proposed would involve guest activity across a much wider timescale, spreading traffic movements throughout the day. This would not affect adversely the parking situation, as not all of the occupants would be likely to arrive and depart at the same time.

1. Tourist accommodation is one of the uses allowed in the head lease covering the application property, as is the operation of the existing licensed restaurant. A new tenant is to occupy the currently vacant ground floor retail unit in July.

1. Previous capacity social events at the restaurant gave rise to no reported problems of nuisance. The behaviour of the occupants of the new five-star accommodation, including whether they park their cars in the Foxdale Road car park, would be more likely be subject to control than other, ad hoc visitors to the Glen and the Complex. Noise nuisance would be unlikely.

1. Despite floods experienced in the area in December 2015, the Cregg Mill was not affected and the proposed accommodation is two metres above basement level.

1. The proposal would enhance the CA and support the Island economy, justifying the money spent on the Complex in recent years.

1. Mr Kearns would be willing to accept a planning condition requiring the prior submission of a Site Management Plan, of the kind supported at the Hearing by the Planning Authority. This would include direct or indirect overnight guest supervision and promotion of the preferred use of the main public car park at Foxdale Road, together with the provision of a handrail along the access footpath and security cameras at the car park itself.

Representations by Malew Parish Commissioners

The material points are:

1. Malew Parish Commissioners object to the application on grounds that hostel-style accommodation would be seriously detrimental to the character and quality of the Silverdale CA, contrary to EP35 of the SP and Policies CA/1-2 of PPS1/01. This would be due to factors including increased noise and traffic and consequent loss of amenity space and obstruction to public access to the historic Cregg Mill.

1. Any development at the site should be for the enhancement of the general visitor experience. The use of the building for residential accommodation now proposed would prevent its further use as a tourist attraction, leading to a reduction in visitors as well as unwelcome changes to the character of the building in an area which should be protected for its own sake due to its historic and natural value.

1. There is no known practical prospect of parking controls being introduced over the length of Silverdale Road.

Representations by Objectors to the Application

The material points are:

1. Written local objections were received from residents of:

• Silverdale, Silverdale Road
• Mill House, Silverdale
• Silverdale House, Silverdale Road
• Grey Tower, Silverdale Road
• Struan, Silverdale Road

Brookside, Silverdale Road Dale Rise, Silverdale Silverdale Farmhouse Thrang End, Phildraw Road Mannin Veg, Gansey Ballahott Cottage, Foxdale Road Westview House, Ballamodha Balladhoo House, Clannagh Road, Santon

1. Several of these residents and others (as listed below) made oral representations at the Hearing.

1. All the local objections are summarised together as follows:

1. The proposed conversion of a large part of the historic Cregg Mill is contrary to the concept of conservation and could lead to permanent living accommodation. This would reduce visitor numbers, due to the seasonality and questionable viability of tourist demand for associated outdoor activities. The concept of five-star tourist accommodation is neither fully explained nor understood. There is concern regarding the timescale of conversion works.

1. In the absence of on-site, overnight supervision, there would be implications for local amenity associated with the conduct of occupants and security. There is potential for unneighbourly behaviour by guests, particularly at night, including the use of barbecues beside the lake and general overspill from the communal guest room at busy times with up to 24 guests in residence. There is previous experience by neighbours of noise nuisance and parking problems on the site at unsocial hours, including the parking of ice cream or sandwich vans alongside the Cregg Mill by the Applicant.

1. The surrounding roads are not suitable to accommodate additional traffic, as shown by past parking and access difficulties, in the absence of enforceable parking controls. Frequent congestion and obstruction by indiscriminate parking along Silverdale Road, especially at weekends, is undisputed. This is well illustrated by submitted photographic evidence, which also shows that use of the public car park at Foxdale Road is minimal.

1. The proposed introduction of residents' cooking facilities would heighten the need for unobstructed emergency vehicle access. The unlit local roads without footways are unsuitable for pedestrians after dark, increasing the potential for disturbance due to the use of cars by visitors.

1. A Site Management Plan, as mooted at the Hearing, to promote the use of the Foxdale Road public car park would not be effective, due to the length and gradient of the access path, which is not suitable for prams and is positively dangerous for wheelchairs, despite the assertions of the Planning Authority to the contrary. Moreover, the steep path is periodically closed for maintenance, due to repeated erosion by rainwater. These factors

would alienate the very target 55 year old market the proposal seeks to serve, in favour of a younger clientele more likely to cause disturbance.

1. There is a history and potential risk of flooding to the application building from the Silver Burn.
2. The capacity of the privately funded, local sewerage system to accommodate the development is questioned.
3. The premises have benefitted from public funding, whereas profit from the proposed development would benefit only the Applicant.

Other Representations

The material points are:

1. DOI Highway Services have no objection concerning traffic generation by the proposed development, compared with the existing uses of the site, and consider the available car parking facilities to be adequate. The proposed residential accommodation would generate a robust, maximum estimated 56 car movements per day to and from the Complex, based on the accepted rate of one car per room. It is difficult to compare this level of generation with an alternative retail use of the floor space concerned. However, properly presuming in favour of the development, there should be a means in place to secure management of the accommodation and promote the preferred use of the Foxdale Road car park, including by the provision of a handrail up the steep access footpath. This could be achieved by the approval and implementation of a Site Management Plan, as supported by the Planning Authority. Apart from a short section of double yellow lines at the entrance to Silverdale, preventing roadside parking near the entrance by Order, there is no known practical prospect of imposing parking restrictions along the length of Silverdale Road.
2. Manx Utilities draw attention to a risk of flooding from the adjacent watercourse but have no objection to the proposed development, subject to no sleeping accommodation being provided on the lower ground floor (as proposed).
3. The DED (Tourism) comment that the site has the potential to contribute to the Destination Management Plan 2016-2020 (DMP) by the creation of high quality visitor accommodation, accompanied by a variety of activities. The location of the site lends itself to visitor accommodation, attracting additional niche growth markets, namely, walkers and cyclists. The proposal would support the target audiences of "Work Hard, Play Hard" and "Explorers" described in the DMP, as well as serving identified need for family-friendly accommodation for people seeking a mix of memorable outdoor and heritage attractions against a spectacular natural backdrop.
4. The DEFA Building Conservation Officer comments that the Cregg Mill makes a most definite positive contribution to the character of the Silverdale CA. The proposed alterations are wholly internal, involving the reversible insertion of timber stud partitions, and would not have a major

impact on the historic significance of the Mill. Silverdale Glen is longestablished as a place of outdoor activity. The proposed use of otherwise under-utilised floors within the Mill seems perfectly reasonable. Securing the continued use of a building such as this is important in ensuring its longevity.

Assessment by Inspector

Planning Issues

1. I consider that the main planning issues arising in connection with this application are the effects the proposed development would have on:

• the appearance and character of the existing Cregg Mill building and its surroundings within the Silverdale Conservation Area,
• the living conditions of local residents with respect to noise and disturbance,
• road safety in Silverdale Road, having regard to the potential for the generation of additional traffic, congestion and obstruction by parked vehicles, and
• the overall effect the conversion of part of the Cregg Mill as tourist accommodation would have on the operation of the Silverdale Complex and whether the development would result in benefits to tourism or other planning interests.

1. I also give consideration to matters of sewerage capacity, flood risk and whether particular planning conditions should be imposed on any permission the Ministers decide to grant.

Appearance and Character - Silverdale CA

1. The proposed development would involve only internal works to the Cregg Mill building and these would be reversible. Therefore, the development would have no unacceptably harmful impact on the building itself, despite its status accorded by the APS as being worthy for consideration for Registration. It follows that the conversion work would equally have no adverse visual impact on the Silverdale CA, as protected by SP4, GP2(c) and EP35.

1. Activity associated with the introduction of overnight residential accommodation within the Complex has some potential to affect the character of the CA by way of noise, disturbance and excess vehicle movement and parking. These factors are considered below, in connection with living conditions and road safety.

Local Living Conditions

1. The presence of up to 24 overnight guests at the Mill, sharing relatively modest hostel accommodation and a small communal lounge, creates the

potential for evening activity, such as barbecues, taking place outside, beside the lake. With the best of considerate behaviour by the relatively senior target clientele, this would be noticeable at nearby properties and could give rise to disturbance.

1. However, it must be taken into account that evening social events are already permitted at the premises, which are not subject to any limit on operating hours, and have evidently taken place without wide public complaint, notwithstanding certain individual incidents reported by objectors.
2. The Applicant relies upon providing a high quality of living accommodation in terms of UK five-star, or minimum four-star standards for hostel accommodation. However, these standards are not documented in the application and there remains some uncertainty as to the meaning of a four- or five-star grade of accommodation. It is, however, the clear intention of the application to provide a hostel development of high quality for a well-researched 55 year old demand sector, expressly supported by the DED Tourism Division. The Applicant is willing to commit to a Site Management Plan to include direct or indirect overnight supervision of guests and it is clearly in the interests of the business of the Complex, as a whole, that good behaviour is assured.
3. Where there is local concern about the timescale of the conversion works, this is not a matter which can practically be controlled by planning condition and the works would be limited to internal alterations in any event.
4. On a balance of judgement, with such a Site Management Plan in place, i consider that the potential for noise and disturbance to neighbours would be mitigated to a level acceptable in planning terms, particularly given the current unrestricted restaurant and social uses of the site.
5. In these respects the proposed development can reasonably regarded meeting the requirement of GP2(g) and being further compliant with SP4 and EP35 with respect to the character of the surrounding CA.

Traffic and Parking - Road Safety

1. Aside from concern regarding noise and disturbance from guests on the site affecting closely neighbouring properties, the question of parking and obstruction of Silverdale Road is the biggest single issue affecting the wider area surrounding the application site.
2. It was established, at the very beginning of the Hearing, that there is a serious parking and congestion problem along the narrow, winding Silverdale Road, with no realistic prospect resolution, apart from a very local section of double yellow line restriction imposed by Order at an individual property entrance.
3. Therefore, the question raised by the traffic and parking issue, and the one on which the decision on this application is likely to turn, is whether the proposed development would cause this situation to become worse.

1. There appears to be no question, including on the part of the Applicant, that any exacerbation of the present parking situation would be unacceptable, not only to residents but in wider traffic management terms.

1. If the maximum 56 traffic movements per day predicted by DOI Highways were to take place, it is not clear whether this would exceed the potential traffic generation from the currently permitted use of the vacant floors of the Mill building. However, it seems likely that it would not be dissimilar to current uses, including potential retail use of the floor space concerned. If a permitted children's nursery to operate in the vacant area currently available, it is indisputable that this could generate even higher periodic peak parking demand on Silverdale Road from parents delivering and collecting children.

1. Moreover, there is a greater prospect that residential guests, as distinct from day visitors, would be persuaded to use the Foxdale Road car park, despite its disadvantages of being remote and separated from the Mill by a steep and uninviting footpath. With proper information and direction, secured by way of the Site Management Plan, favoured by the Planning Authority and accepted by the Applicant, there is a credible prospect that most overnight guests would use the public car park.

1. It is fair to say that a requirement to use the relatively remote car park might alienate at least some of the very clientele of 55 year olds and over that the development aims to attract. However, with the provision of a handrail along the footpath and security cameras at the car park, it is reasonable to judge that compliance with well-publicised requirements to use the main car park would be achieved. That is apart from where clients were reliant upon wheelchairs, for which the path, from inspection and experience, seems excessively long and steep. However, such customers are likely to be in a small minority.

1. Taking into account also that residents using the proposed accommodation would be likely to depart early and return late compared with day visitors, it does appear that additional on-road parking and obstruction could be avoided by appropriate publicity and management by the operators of the Complex, especially when compared with its existing permitted retail uses.

1. On that basis, compliance of the proposed development with SP10(c) GP2(h) and (i) and with EP16(d) can be assured with regard to Traffic, Parking and Road Safety. In this respect too, the proposal would also be further compliant with SP4 and EP35 concerning the protection of the character of the surrounding CA.

Operation of the Silverdale Complex and Benefits of the Development

1. The terms of the head lease allow for visitor accommodation at the Silverdale Complex. Whilst the hostel use would override any potential added tourist attraction at Cregg Mill, the internal alterations would be reversible. There is currently no evidence of demand for the vacant

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floorspace for other suitable tourist uses for which planning permission exists. In fact, the information available is to the contrary.

1. In the circumstances, there would be a benefit in putting the space to the tourist accommodation use now proposed. This would complement the other tourist attractions of the Complex and is strongly supported by the DED Tourism Division, as addressing the specific accommodation need identified in the application. This consideration weighs substantively in favour of the application.
2. Moreover, whilst the building is not of Registered status, whereby the imperative of $\mathrm{C} 1 / 01$ to find suitable uses for it would directly apply, Cregg Mill is expressly recognised by the APS as worthy of consideration for Registration. The building clearly possesses recognised heritage value. The present proposal would put the vacant floorspace at Cregg Mill to suitable use, increasing its tourist attraction and potential longevity. This factor carries further material weight in support of the proposal.
3. As a result, the operation of the Silverdale Complex as a tourist attraction would not be compromised by the proposed development but potentially enhanced, whilst the development would bring about significant material planning benefits to tourism and the heritage value of the site.
4. The application accordingly meets the requirements of SP8, BP11-12 together with EP16(a), (b) and (f) of the SP, to promote tourism by the sustainable and beneficial re-use of existing built fabric of historic interest, without harm to environmental or highway interests.

Sewerage Capacity and Flood Risk

1. Despite local concern, there is no evidence to substantiate objection on grounds sewerage capacity.
2. Nor is there any substantive objection on grounds of flood risk, given there would be no sleeping accommodation on the lower ground floor, in compliance with the advice of Manx Utilities.

Planning Conditions

1. As well as the condition to secure the Site Management Plan discussed above, it would be appropriate to add a further condition to prevent the holiday accommodation becoming an unjustified permanent residence in the countryside.
2. Any further condition seeking to specify the quality of the proposed accommodation would be impractical to enforce but reliance can be placed on a general requirement of any permission to comply with the submitted detailed plans.

Conclusion

1. In the light of the foregoing, I have reached the view that the proposed development would avoid harm to the appearance and character of the Silverdale CA, residential amenity and highway safety. On that basis, the proposal would comply with the relevant protective provisions of the SP, as set out above.
2. However, that conclusion is subject to the prior establishment by planning condition of a Site Management Plan, to be implemented by the Applicant, to dissuade guests from creating undue noise and disturbance or obstructing Silverdale Road with parked cars, to a greater extent than occurs, or could occur, already.
3. At the Hearing, the Applicant expressed willingness to agree and implement a Site Management Plan in the terms described above and to be set out in a planning condition. However, the details of Site Management Plan, including any physical work or installations and their funding, would remain matters for negotiation between the Applicant, the owning Department and the Planning Authority, before the development could proceed. Nevertheless, there appears to be realistic prospect that a Site Management Plan could be established.
4. There can be no guarantee that this measure would be entirely successful in every way and at all times. However, as an overall judgement, I consider that the Site Management Plan would influence the conduct of guests on the site and their proper use of the Foxdale Road car park such that any adverse impacts of the development would be acceptably mitigated. If the Ministers agree with that judgement, I conclude that the permission sought should be granted, subject to the conditions outlined.

Recommendation

1. I RECOMMEND that planning approval be granted for change of use of existing store/retail/craft areas to create hostel type tourist accommodation, including associated facilities, at Silverdale Mill Complex, Silverdale Glen, Silverdale Road, Ballasalla, IM9 3DS, as shown on Drwg Nos WL/17/1404/1 and 2, received 7 April 2017 and WL/17/1404/3A and 4A, received 20 April 2017, and subject to the following conditions:
2. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

Reason: To comply with Article 14 of the Town and Country Planning (Development Procedure) (No 2) Order 2013, and to avoid the accumulation of unimplemented planning approvals.

1. The development hereby approved shall not commence until a Site Management Plan has been submitted to and approved in writing by the Planning Authority to include direct or indirect overnight guest supervision, promotion of the preferred use of the main public car park at Foxdale Road, provision of a handrail along the access footpath and security cameras at the car park itself. The development shall be carried out and managed in accordance with the Site Management Plan approved.

Reason: To secure the appropriate use of the available car parking facilities and to avoid obstruction to Silverdale Road and noise and disturbance to local residents.

1. The tourist accommodation hereby approved shall not be used or occupied other than as short-let holiday accommodation and shall not be used as a dwelling or dwellings for permanent occupation. No part of the accommodation hereby approved shall be occupied by the same person or persons for any single period or cumulatively for more than a total of 28 days in any one calendar year.

Reason: To prevent the creation of any unjustified, permanent residential dwelling in the countryside.

B J Sims

Brian J Sims BSc CEng MICE MRTPI Independent Inspector

List of Persons Present at the Inquiry

Mr James Kearns - Applicant Miss Sarah Corlett - DEFA Planning Mr Tim Robinson - DOI Highways Mr Barry Powell - Clerk, Malew Parish Commissioners Mr Buster Nixon - Mill House, Silverdale Road Ms Marion Hughston - Mill House, Silverdale Road Mr Edward Pearson - Silverdale House, Silverdale Road Mr Howard Benson - Thrang End, Silverdale Road Mrs Lorraine Matthews - Struan, Silverdale Road Miss H M C Cain - Silverdale Farmhouse, Glen Road, Ballasalla Mr W J Cain - Bellaholt, Foxdale Road, Ballasalla