Planning Officer Report

Case Officer: Mr Chris Balmer Photo Taken: Site Visit: 04.02.2013 Expected Decision Level: Officer Delegation

Officer's Report

1.0 THE APPLICATION SITE 1.1 The site is the residential curtilage of Windways, St Georges Crescent, Port Erin which is part of a two storey detached property situated on a corner plot southwest of St Georges Crescent and south of St Georges Apartments.

2.0 PROPOSAL 2.1 The application seeks approval for the additional use of residential dwelling to provide tourist accommodation.

3.0 PLANNING POLICY 3.1 The application site is within an area of 'residential use', under the Isle of Man Development Plan Order 1982. The site is neither within a Conservation Area nor within an area of High Landscape or Coastal Value and Scenic Significance. 3.2 It should also be noted that under the Modified Draft Area Plan for the South the application site is again within an area of 'residential use'. 3.3 Due to the zoning of the site and the proposed works the following policy are relevant in the determination of the application:-

"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;

Application No.:	13/00080/C
Applicant:	Mr David George Trustrum
Proposal:	Additional use of dwelling as tourist accommodation
Site Address:	Windways
	St Georges Crescent
	Port Erin
	Isle Of Man
	IM9 6HR

• (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;
• (I) 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." "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."

4.0 Planning History

4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.

5.0 Representations

5.1 Port Erin Commissioners have asked for the application be deferred till their next meeting on the 5th March. 5.2 Highways Division have no objection to the application.

6.0 Assessment

6.1 The property is currently used as a residential property; 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 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. 6.5 Parking would be provided via off street parking as existing. The Highway Division have considered the proposal and has no objection.

7.0 Recommendation

7.1 Overall, it is considered the proposal would comply with the relevant policy of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved.

8.0 Party Status

8.1 It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d) and should be afforded interested party status:

Port Erin Commissioners

8.2 The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance.

Recommendation

Recommended Decision: Permitted

Date of 27.02.2013 Recommendation:

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the additional use of dwelling as tourist accommodation as proposed in the submitted documents and drawings 1, 2 and 3 all received on 25th January 2013.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 27/2/15

Determining officer (delete as appropriate) Signed : Signed : Signed : Anthony Holmes Sarah Corlett Senior Planning Officer Senior Planning Officer Signed : Signed : Michael Gallagher Jennifer Chance Director of Planning and Building Control Development Control Manager

27 February 2013 13/00080/C Page 3 of 3