Loading document...
Application No.: 24/00362/C Applicant: Mr Paul Bridson Proposal: Additional use of dwelling as tourist accommodation Site Address: Clougher Cottage Ballamodha Straight Ballamodha Ballasalla Isle Of Man IM9 3AZ Planning Officer: Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 29.05.2024
C : Conditions for approval N : Notes attached to conditions
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.
Reason: the application has been assessed on the basis of the existing garage being used in association with Clougher Cottage only, and not to be used for any independent or separate tourist or residential use.
The proposed additional use of the site for tourist accommodation 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. The living conditions of the neighbouring properties will not be made worse as a result of the proposal, and there are no physical works to effect the existing building. The application accords with paragraph 9.5.8, Business Policy 13, Environment Policy 23, General Policy 2 and Community Policies 7 and 11 of the Isle of Man Strategic Plan 2016. A condition ensuring the garage remains in association with the use of Clougher Cottage as one single planning unit is necessary as to avoid any separate or undesirable fragmentation of the site.
Plans/Drawings/Information; This approval relates to the following:
None _____________________________________________________________________________
Officer’s Report SITE
1.1 The application site relates to an existing detached property known as 'Clougher Cottage' which has an associated detached garage. Both of these structures form the single planning unit. - 1.2 Sharing the same access road is neighbouring property Clougher House sitting northwest of the cottage. PROPOSAL
2.1 Approval is sought for the additional use of 'Clougher Cottage' for tourist accommodation. - 2.2 There are no physical works proposed.
3.1 Clougher Cottage was originally approved as ancillary living accommodation to be used in association with Clougher House under PA 03/00694/B. A subsequent application PA 17/00191/B removed the condition requiring it to be associated with Clougher House and could be occupied independently.
3.2 The garage at Clougher Cottage was approved at a time between the above two applications under 05/02109/B. This garage was approved with conditions relating to standard 4 years, being built in accordance with the plans, the external finishes being in stone matching to the cottage and C3 relating to its nature of use, which was intended to follow suit with the ancillary nature of the cottage to the main Clougher House, however on a strict reading of this condition it references Clougher Cottage and not Clougher House and specifically states "The garage may be used only for the storage of the private vehicles associated with "Clougher Cottage" or those associated with the ancillary cottage identified within the red line plan on referenced P02". Nevertheless the tourist parking in the garage would be associated with Clougher Cottage and so would not undermine this original condition. PLANNING POLICY - 4.1 The site is not designated for development under the 1982 Plan of the Area Plan for the South 2013. The site is not recognised as being at any flood risk. In terms of paragraphs and
policies within the Strategic Plan Paragraph 9.5.8 and Business Policy 13 set out a general presumption in support of private dwellings being used as tourist accommodation provided that it does not compromise the amenity of the neighbours, Environment Policy 23 also addresses changes to neighbouring amenity as a result of development. The general design standards set out in GP2 and the Residential Design Guide 2021 shall also be taken into consideration along with Community Policies 7 and 11 in respect of minimising criminal activity and reducing spread of fire.
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Malew Commissions - no objection (01/05/2024)
5.2 Department of Infrastructure Highway Services - do not oppose (12/14/2024) no significant negative impact upon highway safety, network functionality and/or parking, as the existing access arrangements for the dwelling are acceptable for the proposed tourist use. The Applicant should consider an EV charging point for the proposals to aid Net Zero ambitions. - 5.3 No comments received from neighbouring properties.
6.1 The application seeks approval for the additional use of an existing residential property into tourist accommodation, policies offer support to such development so long as it does not compromise neighbouring amenity. 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.
6.2 In the case of rural properties like this there is already a limited degree of activity in the area and neighbours are generally further away and so it may be difficult to discriminate the behaviours between a tourist and a permanent resident or to differentiate the comings and goings of each minded that it may be no more apparent than those already living in the property and those in the nearby area. It may be that 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. - 6.3 Following submission of additional information it is evidenced that the existing property is already provided with a detached garage and off road parking and thus it is unlikely that there will be any new or increased demands on parking beyond that of the existing residential property. - 6.4 The use of the site for private rental accommodation would not require planning approval and could result in frequent and continual turnover of residents, although it is recognised that its use as tourist accommodation might have a more frequent turnover and activity associated with it, however given the location and distance from the neighbours it is not considered that tourist use would have any significant impact upon the living conditions of neighbouring properties. Noting the applicant is also the owner of Clougher House. - 6.5 The additional use as tourist use would not result in any changes beyond current occupation in terms of criminal activity nor increase the likely hood of flood risk or spread of
fire beyond the existing arrangement, and so the proposal is considered acceptable in these respects.
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. The living conditions of the neighbouring properties will not be made worse as a result of the proposal, and there are no physical works to effect the existing building. The application accords with paragraph 9.5.8, Business Policy 13, Environment Policy 23, General Policy 2 and Community Policies 7 and 11 of the Isle of Man Strategic Plan 2016. A condition ensuring the garage remains in association with the use of Clougher Cottage as one planning unit is necessary as to avoid any undesirable fragmentation of the site. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
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 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: 31.05.2024 Determining officer
Signed : C BALMER Chris Balmer Principal Planner
Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/ customers and archive records.
Copyright in submitted documents remains with their authors. Request removal
