Officer Report

Application No.: 25/90572/C Applicant: Apres Investments Limited Proposal: Additional use of existing apartment 2 for tourist accommodation (Class 3.6) Site Address: Maisonette 16 Prospect Terrace Woodbourne Road Douglas Isle Of Man IM1 3AL Principal Planner: Chris Balmer Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 28.07.2025 _________________________________________________________________

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. Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan not having any significant adverse impacts upon private or public amenities.

Plans/Drawings/Information; This approval relates to the submitted documents and drawing all received on 20.06.2025.

_________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No Objection Local Authority - No Objection

_________________________________________________________________ Officer’s Report

- 1.0 THE APPLICATION SITE

1.1 The application site represents the curtilage of an existing property Maisonette, 16 Prospect Terrace, Woodbourne Road, Douglas. This property which is currently a apartment, is located at the second and third floors of the main building 16 Prospect Terrace. Within the same building there is a single retail unit at ground floor and second apartment at first floor.

2.0 THE PROPOSAL - 2.1 The planning application seeks approval for the additional use of existing apartment 2 for tourist accommodation (Class 3.6).

3.0 PLANNING HISTORY - 3.1 The application site has been the subject of a number of previous planning applications; however only the following are considered relevant; - 3.2 Change of use of existing apartment 1 (first floor level) from residential (Class 3.4) to beauty salon (Class 1.1) - 25/90571/C - PENDING CONSIDERATION - 3.3 Installation of a replacement shop front, front door and three air conditioning units to rear elevation - 24/00577/B - APPROVED - 3.4 Conversion of existing retail unit into a Betting Shop - 07/01332/B - APPROVED

4.0 PLANNING POLICY - 4.1 The site lies within an area zoned as "Predominantly Residential" under the East Area Plan. The site isn't within a Flood Risk Zone but is within a Conservation Area. - 4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2016 contains a number of policies that are considered specifically relevant to the assessment of this current planning application: - 4.3 General Policy 2 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (g) does not affect adversely the amenity of local residents or the character of the locality;
• (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space;
• (i) does not have an unacceptable effect on road safety or traffic flows on the local highways;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and
• (n) is designed having due regard to best practice in reducing energy consumption."

4.4 Business Policy 13 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."

5.0 REPRESENTATIONS - 5.1 The Highways Services comment (30.06.2025); "After reviewing these Applications, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the proposed use would have a similar or less parking demand to the existing site use." - 5.2 Douglas Borough Council do not object (08.07.2025).

6.0 ASSESSMENT - 6.1 The property is currently used as a residential property and the application will enable the owners to rent the property for tourist accommodation when they are not occupying the dwelling. - 6.2 The dwelling is within a predominately residential area so the principle of such development is considered acceptable. - 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. There are a number of residential properties in the area. - 6.4 It is considered the use of the existing residential dwelling for tourist accommodation will have the same impact, whether it is used for tourist or permanent residential use in this case. - 6.5 There is a single parking space to the rear of the building, albeit it does not appear to be proposed for this apartment/tourist unit. However, parking demand is unlikely to change whether the unit is used for permanent residential or tourist use. Highway Services have considered the proposal and has no objection.

7.0 RECOMMENDATION - 7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan not having any significant adverse impacts upon private or public amenities therefore it is recommended that the application be approved.

8.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted). - 8.2 Article A10 sets out that the right to appeal is available to:

• applicant (in all cases);

• o a Local Authority; Government Department; Manx Utilities; and Manx National Heritage that submit a relevant objection; and
• o any other person who has made an objection that meets specified criteria.

8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10.

8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):

• o any appellant or potential appellant (which includes the applicant);
• o the Department of Environment, Food and Agriculture, the Department of Infrastructure and the local authority for the area;
• o any other person who has submitted written representations (this can include other Government Departments and Local Authorities); and
• o in the case of a petition, a single representative.

8.5 The Department of Environment Food and Agriculture is responsible for the determination of planning applications. As a result, where officers within the Department make

comments in a professional capacity they cannot be given the Right to Appeal.

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 and/or rights to appeal.

Decision Made : Permitted Date: 30.07.2025 Determining Officer Signed : J SINGLETON Jason Singleton Principal Planner

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