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Application No.: 17/00502/C Applicant: Christina Margaret Davis Proposal: Change of use of dwelling to self-catering tourist accommodation Site Address: Rivendell Lhergy Cripperty Union Mills Isle of Man IM4 4NF Case Officer : Miss Lucy Kinrade Expected Decision Level: Officer Delegation
Officer’s Report SITE
1.1 The application site is the residential curtilage of an existing dwelling known as Rivendell. The semi-detached Manx cottage is located on the western side of the road and fronts on to the highway with only a small garden area outside of the front elevation. - 1.2 The existing two storey residential property has living accommodation on the ground floor and bedroom accommodation on the first floor. There is an existing conservatory at the rear. - 1.3 The property has a small garden area to the rear. There is not available off road parking, however designated on street parking is available on the opposite side of the road. PROPOSAL
2.1 The current planning application seeks approval for the use of the property as tourist accommodation. - 2.2 There are no proposed changes to the building or existing parking arrangements. PLANNING HISTORY
3.1 The site has been subject to two previous applications relating to the erection and roofing alterations of the existing considered however neither are considered materially relevant in the assessment of the current application. PLANNING POLICY - 4.1 In terms of local plan policy, the application site is within an area recognised as Predominantly Residential use under the Braddan Parish District Local Plan 1991 Map 2. The following policies of the Isle of Man Strategic Plan 2016 are considered relevant in the assessment of the application:
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 Braddan Parish Commissioners have no objection to the current planning application (19/05/2017).
5.2 The Department of Infrastructure Highway Services have indicated that there is no highways interest in this planning application as the existing access and parking arrangements will not be altered and no additional parking required (31/05/2017). ASSESSMENT - 6.1 The application seeks approval for the change of use of a residential property to tourist accommodation. The fundamental issue to consider in the assessment and determination of this planning application is the impact of the proposal on the neighbours and local amenities.
6.2 Although there is generally a view in favour of using domestic properties as tourist accommodation there can be times 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 semi-detached properties like this application, concern lies in the potential 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 on a main road, additional comings and goings will be no more apparent than those already living in the property and nearby area. The house is modest and not sized to accommodate a large numbers of tourists. While there is no off road parking available there is ample space provided for parking opposite the property which is already used by the current residents, this helps 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. - 6.5 It is considered the use of the existing residential dwelling as tourist accommodation would have a similar impact, whether it is used for tourist or permanent residential use and therefore would not have a significant impact upon the residential amenities of the 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 application 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: 11.07.2017 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 site location plan, ground and first floor plans and associated supporting statement and email all date stamped and received 5th May 2017
I can confirm that this decision has been made by the Head of Development Management in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 12.07.2017 Determining officer
Signed : S BUTLER Stephen Butler Head of Development Management
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