DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00092/C Applicant: Mrs Lynsey Elliot Proposal: Additional use of existing residential property as tourist accommodation Site Address: Sea Spray Shore Road Port Erin Isle Of Man IM9 6HL Planning Officer: Mrs Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 04.03.2024

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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.

This application has been recommended for approval for the following reason.

In view of the lack of concern raised in respect to the application, it is considered that there is no demonstrable harm arising from the proposal and, in view of the provisions of Paragraph 9.5.8 and Business Policy 13, the application is recommended for approval.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 29th January 2024;

• o Drawing No. 01
• o Drawing No. 02
• o Drawing No. 03
• o Supporting Statement _______________________________________________________________

Interested Person Status

Additional Persons None

Officer’s Report APPLICATION SITE

1.1 The application site is within the curtilage of Sea Spray, Shore Road, Port Erin which is a three storey semi-detached dwelling, situated to the East of Shore Road. PROPOSAL - 2.1 The current planning application seeks approval for the additional use of the property as tourist accommodation.

2.2 There are no physical works proposed. PLANNING HISTORY - 3.1 The previous applications upon the site are not relevant in this assessment. PLANNING POLICY. - 4.1 The site lies within an area zoned as "Mixed Use" on the Area Plan for the South, Map 7 Port Erin/ Port St Mary and is situated within a Proposed Conservation Area. The property is not situated within a Flood Risk Zone.

4.2 Relevant policies are General Policy 2, Strategic Policy 8, Environment Policy 22, paragraph 9.5.8 in connection with Business Policy 13 from the Isle of Man Strategic Plan 2016 which sets out the general standards towards acceptable development, the acceptability of tourist development provided it does not adversely affect the surrounding area and where neighbouring amenity is not compromised. REPRESENTATIONS - 5.1 The following representations can be found in full online, below is a short summary;

5.2 Highway Services have considered the application and state, "No Highways Interest." (09.02.24)

5.3 Port Erin Commissioners have written in to say that they support the proposal. (14.02.24) 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 and whether there would be an impact to the streetscene as a whole or neighbouring amenity due to the proposed alterations.

6.2 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 Business Policy 13 indicates that 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.

6.4 Prior to the new owners, the property was being used as a residential property, of which the proposal in this application would not remove this residential use but would add the additional use as tourist accommodation to the site. The dwelling itself is situated within a small cluster of properties and near local businesses which would subject the site to a certain level of noise disturbance by dint of its location. - 6.5 It is considered therefore deemed that the use of part 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 living conditions of the neighbouring properties.
• 6.6 With regards to parking available to the site, the dwelling has one parking space available within the attached garage, with there being suitable space in front of the property for additional parking without impacting the highway. The property is relatively close to local transport such as the buses or the train, as such it is deemed that there is enough parking for its proposed tourist use.
• 6.7 The additional use as tourist use would not result in any changes beyond current occupation in terms of an increase in water usage, criminal activity nor increase the likely hood of spread of fire beyond the existing arrangement, and so the proposal is considered acceptable in these respects.

CONCLUSION

7.1 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 Paragraph 9.5.8 and Business Policy 13, the application is therefore recommended for approval. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 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 above who should be given Interested Person Status

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 and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status

Decision Made : Permitted Date : 04.03.2024 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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