DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 24/00309/C Applicant: Mr Wai Man Ho Proposal: Additional use as tourist accommodation Site Address: Mill Tower Arbory Road Castletown Isle Of Man IM9 1HA Planning Officer: Vanessa Porter Recommended Decision: Permitted Date of Recommendation: 08.05.2024

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.

The proposal to add an additional use as tourist accommodation will not be altering the fabric of the building and will likely keep a Registered Building maintained, as such from this point of view the proposal will comply with the Section 15(1b) test of the Town and Country Planning Act 1999, Policy RB/4 of Planning Policy 1/01 and Environment Policy 33 of the Isle of Man Strategic Plan.

The proposal is unlikely to impact neighbouring amenity above and beyond what would currently be in place by dint of its location within the streetscene, with the proposal having the required two car parking space. As such the proposal complies with General Policy 2, Environment Policy 22 and Transport Policy 7 in connection with appendix 7 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 19th March 2024;

• o Location Plan
• o Site Plan
• o Drawing No. 1/F - Existing
• o Drawing No. 2/F - Existing
• o Drawing No. 3/F - Existing

• o Drawing No. 4/F - Existing
• o Drawing No. G/F - Existing
• o Drawing No. M/F - 1 (Kitchen) - Existing
• o Drawing No. M/F - 2 Toilet - Existing
• o Drawing No. 1/F - Proposed
• o Drawing No. 2/F - Proposed
• o Drawing No. 3/F - Proposed
• o Drawing No. 4/F - Proposed
• o Drawing No. G/F - Proposed
• o Drawing No. M/F - 1 (Kitchen) - Proposed
• o Drawing No. M/F - 2 Toilet - Proposed _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report APPLICATION SITE

1.1 The application site is within the curtilage of The Mill Tower, previously known as "The Witches Mill" which is an existing former Wind Mill. The Mill Tower is situated to the Western side of Arbory Road, to the end of a complex of residential buildings. 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 planning applications are not considered material to the assessment of this application. PLANNING POLICY - 4.1 In terms of local plan policy, the application site is within an area recognised as "Predominantly Residential" under the Area Plan for the South, Map 5 - Castletown. The property isn't within a Flood Risk Zone nor a Conservation Area but is a Registered Building, RB076.

4.2 Given that the property is a Registered Building, Policy RB/4 which seeks that a change of use of a registered building is compatible with the fabric, interior and setting of the building, of Planning Policy Statement 1/01 is the most relevant in the assessment of this application in connection with Environment Policy 33 which seeks the same as above. - 4.3 This is then followed by General Policy 2, Strategic Policy 8, Transport Policy 7, Environment Policy 22, Business Policies 11 and 13 from the Isle of Man Strategic Plan 2016 which set out the general standards towards acceptable development including parking standards, the acceptability of tourist development provided it does not adversely affect the surrounding area and where neighbouring amenity is not compromised, are also relevant to the assessment of this application.

REPRESENTATIONS

5.1 The following representations can be found in full online;

5.2 Highway Services have considered the proposal and state, "No highways Interest." (02.04.24)

5.3 No comments have been received from Castletown Commissioners at the time of writing this report.

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• - Section 15(1b) Test
• - Principle (RB/4, EP33)
• - Neighbouring amenity (GP2, EP22, TP7, BP11 & 13)

6.2 SECTION 15(1b) TEST

• 6.2.1 Due to the proposed works being a Registered Building it is necessary to test the application under Section 15(1b) of the Town and Country Act (1999), see section 4.2 of this report, on whether the proposed works would affect the buildings character as a building of special architectural or historic interest.
• 6.2.2 The Mill Tower is situated within a residential setting with a through road situated to the front and a parking area situated to the rear, the proposed additional use as tourist is not likely to impact the special architectural or historic interest as there are no physical works proposed within this application and the secondary use of the site as tourist is likely to mean the property would have more maintenance over time, which would keep the building structurally viable.
• 6.2.3 With the above in mind the proposed change of use would pass the Section 15(1b) test by not affecting the buildings character as a building of special architectural or historic interest.

- 6.3 PRINCIPLE

• 6.3.1 Due to the proposal being a Registered Building (RB076) it is necessary to make sure that the proposal will not be in conflict with this. Firstly there are proposed no alterations with this proposal, as such there is no impact on this matter. Turning towards the change of use itself and the impact in which this could have on the Registered Building.
• 6.3.2 Generally holiday accommodation is required to be of a suitable standard to be rented out,

• as such there is a likelihood that having an additional use to rent out the property to tourists will assist in the fabric of the property being maintained quicker than it would have been if the property were still a dwelling.

• 6.3.3 With the above in mind the proposed works will comply with Policy RB/4 and Environment Policy 33.
• 6.4 NEIGHBOURING AMENITY

• 6.4.1 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.

• 6.4.2 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.
• 6.4.3 The property is currently being used as a residential property of which the additional use of this application will enable the owners to part-rent the property for tourist accommodation. The dwelling is situated close to the town centre to the North West of Castle Rushen High School, Castletown Swimming Pool and Tennis Courts, with Arbory Road being a road, all of which will add a certain level of noise disturbance.
• 6.4.4 It is considered therefore deemed that 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 living conditions of the neighbouring properties.

• 6.4.5 The property has two allocated parking spaces which are situated to the rear of The Mill Tower, as such the property provides enough parking as per the standards within Transport Policy 7 in connection with appendix 7.
• 6.4.6 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 The proposal is considered to comply with the relevant polices of the Isle of Man Strategic Plan 2016 and Policy RB/4 and there is no demonstrable harm arising from the application. The living conditions of the neighbouring properties are not to be made worse as a result of the proposal and there is to be no impact on the fabric of the Registered Building. 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

I can confirm that this decision has been made by the Acting 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 : 09.05.2024 Determining officer

Signed : A MORGAN Abigail Morgan Acting Head of Development Management

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