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Application No.: 24/91430/C Applicant: Sarah Anne Albone Proposal: Additional use of ground floor of residence as tourist accommodation Site Address: Thie Grian Ballacollister Road Laxey Isle Of Man IM4 7JR Planning Officer: Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.02.2025 _________________________________________________________________
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 is for a tourist accommodation and the condition ensure the use remain as a tourist accommodation.
It is considered that the proposal would not give rise to an unacceptable impact on amenity or impact on highway safety. The proposal is considered to comply with General Policy 2, Business Policy 13 and Transport Policy 7 of the Strategic Plan.
This approval relates to the documents, location plan, site plan, floor plans and photos, which have been date stamped as having been received on 23rd December 2024.
_________________________________________________________________ Right to Appeal
It is recommended that the following organisations should NOT be given the Right to Appeal: Garff Commissioners - No objection Department of Infrastructure - No objection
_________________________________________________________________ Officer’s Report
1.0 THE SITE - 1.1 The site is Thie Grian, Ballacollister Road, Laxey, a detached house located on the south of Ballacollister Road. The house sits on a slope. It is single-storey but also has a subbasement level, which is only visible at the rear of the house. - 1.2 The sub-basement level is linked to the main house with an internal staircase. It also has a patio door that is accessible from both the site's front and rear. The sub-basement has a kitchen/dining/lounge area and a bedroom with en-suite.
2.0 THE PROPOSAL - 2.1 The proposal is for the additional use of the sub-basement level as tourist accommodation.
3.0 Planning History - 3.1 There is no previous application considered materially relevant to this application.
4.0 Planning Policy Site Specific - 4.1 The site is within an area designated as Predominantly Residential Use in the Area Plan for the East. Strategic Policy - 4.2 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application:
PPS and NPD
4.3 No relevant Planning Policy Statement or National Policy Directive applies to this application.
5.1 There is no strategy or guidance materially relevant to this application. - 6.0 REPRESENTATION
6.1 Garff Commissioners does not object to this application (21.01.2025).
6.2 DoI Highway Services does not oppose this application (07.01.2025). The comment states there is no significant negative impact upon highway safety, network functionality and/or parking as the proposals would have a similar or less parking demand to the existing proposals, and there is enough parking within the site for the residents and tourist visitors of the proposals. The comment also recommends that a condition be attached for the visitor's parking. - 7.0 ASSESSMENT Elements of Assessment
7.1 The key considerations in determining the application are its principle, its impact on parking provision and the amenities of the neighbours.
Principle of the Development
7.2 The proposed subbasement can be considered a self-contained unit, with its occupants' ability to sleep, cook and use the toilet without accessing the house's ground floor. It also has its own access at the rear of the site without interacting with the house's ground floor. These two characteristics mean that the sub-basement level qualifies as a flat despite having an internal staircase leading to the house.
7.3 This being said, a condition can be attached to prevent the sub-basement level from becoming flat. Given the applicant also only asks for it to be used as a tourist accommodation, such a condition will be attached if recommended for approval. Parking - 7.4 When tourists occupy the room, their parking demand and behaviour are considered the same as a typical household. There could be an increased demand for one parking space, given that the tourists and the house owners could be occupying the site at the same time. The current parking provision is considered acceptable since highway services considered the additional parking demand to be satisfied on-site. Neighbouring Amenities - 7.5 Assessing how an individual would behave as a tourist or a resident is difficult. As a tourist, a person may be out often, have late nights, and be disruptive on return. In the meantime, both tourists and permanent residents have incentives for organising gatherings, which can easily be carried out till late at night. In general terms, however, most people behave well and raise no concerns. Therefore, this use change is unlikely to impact the living conditions of the neighbouring properties significantly.
8.1 It is considered that the proposal would not give rise to an unacceptable impact on amenity or impact on highway safety. The proposal is considered to comply with General Policy 2, Business Policy 13 and Transport Policy 7 of the Strategic Plan. Therefore, it is recommended for an approval. - 9.0 RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE
9.1 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).
9.2 Article A10 sets out that the right to appeal is available to:
9.3 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. - 9.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
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: 21.02.2025 Determining Officer
Signed : C BALMER Chris Balmer Principal Planner
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