DEC Officer Report

Application No.: 19/00759/C Applicant: Mr John Mather Proposal: Additional use of residential dwelling as tourist living accommodation Site Address: Foghorn House Douglas Head Douglas Isle Of Man IM1 5BP Planning and Enforcement Assistant: Miss Vanessa Wilson Photo Taken: 15.08.2019 Site Visit: 15.08.2019 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 13.09.2019 _________________________________________________________________

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.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 8th July 2019:

• o Site/Location Plan
• o Floor Layout Plan _______________________________________________________________

Interested Person Status – Additional Persons

None _____________________________________________________________________________

Officer’s Report THE APPLICATION SITE

1.1 The application site is the curtilage of Foghorn House which sits to the south east of Douglas Harbour (Battery Pier) and to the east of the Camera Obscura, which is above. Foghorn House is situated within a courtyard with the Douglas Head Lighthouse.

1.2 Foghorn House is a single storey dwelling consisting of a three bedrooms, lounge, kitchen and dining. Foghorn House also had a separate storage area consisting on one small storage space and one larger storage space. - 1.3 There is no vehicular access to the site and pedestrian access is available via a footpath network involving sloping concrete pathways and a set of concrete steps. It is possible to walk to the site from the roadside parking spaces at Douglas Head within around 3 or 4 minutes with the walk back up taking slightly longer due to the route being uphill. The footpaths have a number of features of interest beside them: a picnic area with tables and chairs, telescopes and identified points of interest within the panorama, as well as commemorations of Horatio Nelson and William Hillary. THE PROPOSAL

2.1 The current planning application seeks approval for additional use as tourist accommodation. No changes have been proposed to the building. PLANNING HISTORY - 3.1 There are no previous planning applications identified on this site. PLANNING POLICY - 4.1 The site lies within an area zoned as Public Open Space on the Douglas Local Plan 1998. Foghorn House along with The Lighthouse and Lighthouse Cottage Registered under RB 149.

4.2 Given the nature of the application it is appropriate to consider General Policy 2, Strategic Policy 8, Business Policy 13 and Environment Policy 33 of the Isle of Man Strategic Plan 2016. - 4.3 General Policy 2 of the Isle of Man Strategic Plan 2016 states, "Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development: g) does not affect adversely the amenity of local residents or the character of the locality; - 4.4 Strategic Policy 8 of the Isle of Man Strategic Plan 2016 states, "Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and manmade attractions." - 4.5 Business Policy 13 of the Isle of Man Strategic Plan 2016 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." - 4.6 Environment Policy 33 of the Isle of Man Strategic Plan 2016 states, "The change of use of Registered Buildings will only be permitted if the proposed use is appropriate and any alterations associated with the change are not detrimental to its character as a building of special architectural or historic interest."

REPRESENTATIONS

5.1 Highway Services have No Highways Interest in this application (15.08.19).

5.2 Douglas Corporation have considered the proposal and have no objection (2.08.19). ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application, is the impact of the proposal on the neighbours and local amenities.

6.2 Foghorn Cottage is situated within a courtyard of several properties which are the only neighbours, as such it is difficult to 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 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. - 6.4 The property itself is a place where tourists might possibly want to stay due to the outstanding and unique views with a different perspective on the Island whilst also being among socially and historically important buildings.

CONCLUSION

7.1 For the reasoning that the proposal complies with General Policy 2, Strategic Policy 8, Business Policy 13 and Environment Policy 33, the application is therefore recommended for approval. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 (Article 6(4), the following persons are automatically interested persons:

• (a) The applicant, or if there is one, the applicant's agent;
• (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material
• (d) Highway Services Division of Department of Infrastructure and
• (e) The local authority in whose district the land the subject of the application is situated. 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 in Article 6(4) who should be given Interested Person Status.

I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 16.09.2019 Determining officer

Signed : C BALMER Chris Balmer Principal Planner

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