Loading document...
Application No.: 24/00678/C Applicant: Mr James Mylchreest Proposal: Additional use of ancillary buillding as occasional tourist accommodation. Site Address: Ballagarey Faaie Main Road Glen Vine Isle Of Man IM4 4AZ Planning Officer: Lucy Kinrade Photo Taken: 02.07.2024 Site Visit: 02.07.2024 Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 25.07.2024
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: to ensure that the development is only used and occupied as either short let holiday accommodation or incidental to the enjoyment of main house in line with the content as submitted and assessed as part of the application.
Reason: to ensure that the development is only used and occupied as short let holiday accommodation as the application has been assessed on this basis as set out in the submitted application.
Reason: to reflect the nature of works set out in the application and not to prevent any tourist vehicles being parked within the garage.
This application has been recommended for approval for the following reason.
The proposed use of the mezzanine for tourist purposes is not considered to result in any significant adverse harm on the amenity of the neighbours and is not to result in any new or adverse impacts on highway safety. The application is considered to comply with Strategy Policy 1, Spatial Policy 4, General Policy 2, Environment Policy 42, Business Policy 13 and Transport Policies 4 and 7 of the IOM Strategic Plan 2016. The application is recommended for approval subject to conditions in relation to the mezzanine tourist use and the garage parking area.
Plans/Drawings/Information;
This approval relates to the following: drawing number 2A drawing number 23 Email from the application
Additional Persons
It is recommended that the owners/occupiers of the following properties should be given Interested Person Status as they are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
1.0 THE SITE - 1.1 The application relates to a garage belonging to a property sitting on the southern side of the main road running through Glen Vine. Both the garage and dwelling having been recently approved and constructed under PA's 21/00844/B and 22/00749/B. The property includes parking within the garage as well additional parking for more than 2 vehicles on the driveway. The 22/00749/B garage was approved with a mezzanine level inside accessed by an external staircase at the back of the garage.
2.0 THE PROPOSAL - 2.1 Proposed now is the conversion of the mezzanine level to living accommodation with additional use for tourist purposes. There are no physical works proposed as part of this application.
2.2 The submitted plans show a studio arrangement with only a kitchenette, shower room, living space and a dining/store/home office space shown. - 2.3 An email from the applicant indicates that they propose only to use the mezzanine, although if they had request for visitor's vehicle to be stored under cover they would try to accommodate this in the garage.
3.0 PLANNING HISTORY - 3.1 Materially relevant previous applications are:
4.0 PLANNING POLICY - 4.1 The site is within an area designated as predominantly residential on the Area Plan for the East 2020. The site is not within a designated Conservation Area or within an area identified as being at floor risk from tidal or surface water flooding. There are no registered trees / tree areas identified on / adjacent to the application site. - 4.2 The following policies from the 2016 Strategic Plan are considered pertinent in the assessment of this application; Strategic Policy
Spatial Policy 4 Development in remaining villages
General Policy
Environment Policy 42 Designed to respect the character and identity of the locality
Business Policy
Transport Policy 4 Highway safety 7 Parking
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."
5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Marown Commissioners - no objection (25/07/2024).
5.2 Department of Infrastructure Highway Services - Do not oppose (21/06/2024) - no significant negative impact upon highway safety, network functionality and/or parking as there enough parking area on-site and in the garage for visitors of the proposals and existing residents. - 5.3 The owners of Ballagarey Lodge, Main Road (currently at Twisted Chimneys) OBJECTION (03/07/2024) - they are concerned with the potential for overlooking particularly if to be used for tourist purposes.
6.1 Business Policies 11-14 set out the general policies in respect of tourist development and seem to outline a distinction in those tourism proposals in rural areas compared to land specifically zoned for tourism, or within established settlements. The site in this case is not in a rural location being within an area zoned for 'predominantly residential' purposes and within the settlement of Glen Vine. Business Policy 13 states that permission will generally be granted for the use of private residential properties as tourist accommodation providing it can be demonstrated that such use would not compromise the amenities of neighbouring residents, while the proposal is not for the change of use of the whole dwelling per se, given the above site designation and location this would be perhaps the most applicable policy and assessment in this case. - 6.2 In this instance, the site comprises existing living accommodation within the main dwelling, which would retain its existing residential use, with the proposed mezzanine of the garage being available for the enjoyment of the main house as well being available for additional tourist use. Whilst no information has been provided as to the exact nature and frequency of such tourist use, the proposed level of accommodation is fairly modest with a floor space area of 31sq m but factoring in the sloping ceiling of the garage, the useable space may actually feel a little smaller inside. - 6.3 Use of the mezzanine by the main dwelling for their enjoyment would not constitute development and so the main concern in this application lies in the potential tourist use to cause disruptions to the immediate neighbouring properties. In terms of differentiating a tourist and a permanent resident it is often 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. However as this is very close to the main dwelling and shares a garden and parking area there would be some degree of on-site control and respect between parties and likely to be fairly self-regulating and so these concerns are diminished. - 6.4 The neighbours at Ballagarey Lodge have raised concerns in respect of overlooking. There are three roof lights on the roof slope racing the neighbours, and floor plans indicate that only one of these is to serve the proposed mezzanine. Roof lights help to afford daylight and generally given the roof pitch installed views are generally outwards and upwards to the sky, rather than outwards and down to the ground. Whilst there may be some potential for overlooking should a person be stood directly at that one roof light and perhaps more-so if it is open, and that there may even be some overlooking by persons on the external staircase, in both instances these views are likely to be fleeting and not considered to be to such a degree or scale to warrant a significant adverse concern or refusal in this case, also factoring the small scale nature of the mezzanine. The proposed additional use for tourist purposes is not considered to result in a material impact upon the residential amenities of the adjoining properties.
6.5 The site can cater for a number of vehicles off the road with adequate parking provision for both the residential and tourist uses and no objections have been raised by Highways Services. The additional use of the property for tourist purposes is further unlikely to result in a material impact upon the safety and capacity of the immediate road network. Noting the applicants email in respect of the proposed tourist use being for the mezzanine only as assessed as such, but not wanting to preclude the potential for parking of tourist vehicles in the garage a condition could be considered to ensure that the ground floor of the garage remains available for the parking and storing of vehicles and not for any sleeping purposes would align with the application as submitted and assessed. Other matters - 6.6 Although the submitted application drawings and content are fairly basic, the content meets the basic validation requirements for a change of use application and can be read in correlation to the planning history of the site too. The officer has visited the site and confirms that the garage and dwelling were built and on site. Although the blue line encompasses Ballagarey Lodge which is understood to now be in separate ownership, minded of the red line encapsulated the garage which is subject to this application and minded that the now owners of Ballagarey Lodge have written in on the application that its felt that no one has been disadvantaged that the application can progress to a decision.
7.1 The proposed development is considered to be acceptable in principle in an area zoned for 'predominantly residential' purposes in Glen Vine and without detriment to the amenities of surrounding residential properties including Ballagarey Lodge and without harm to the overall character of the area. The proposals are also not considered to result in any new or adverse impact upon the safety and capacity of the local highway network. The application is therefore considered to comply with Strategy Policy 1, Spatial Policy 4, General Policy 2, Environment Policy 42, Business Policy 13 and Transport Policies 4 and 7 of the Strategy Plan 2016. The application is therefore recommended for approval subject to conditions in relation to the tourist use and the garage being available for garage parking purposes and not for any tourist living or sleeping purposes. - 8.0 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: 31.07.2024 Determining officer Signed : J SINGLETON Jason Singleton 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
