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Government Sicilye tilion Vannin
Emma Louise Buckley 50 Alberta Drive Onchan IM3 1LX
In pursuance of powers granted under the above Act and Order the Department of Infrastructure determined to APPROVE a planning application by Emma Louise Buckley, Ref 13/00478/C, for the additional use of residential apartment as tourist accommodation at Apt 68 Queens Apartments Palace Terrace Queens Promenade Douglas Isle Of Man IM2 4NY subject to compliance with the following condition(s):
Date of Issue: 12th June 2013
Director of Planning and Building Control
This decision was made by a Senior Planning Officer in accordance with the authority delegated to them. This permission refers only to that required under the Town and Country Planning (Development Procedure) Order 2005. Any appeal against this decision must be in writing and must be received by this Department within 21 days of the date of this notice.
An appeal form and guidance notes are available from either the Planning Office, Tel 685950, or to download from the Department's website www.gov.im/transport/planning/plan/applications/decision.xml
Please note that a copy of the Officer's report which led to the decision, together with correspondence relative to the application, are available for inspection at the Department.
The proposed development must not be commenced until either:
Whichever is the later.
If no appeal is lodged within 21 days of the date of issue overleaf, and this decision becomes final, the Department's public reference copy (counter copy) of the planning application may be collected by the applicant or their agent from Murray House.
Please note that if the counter copy of the application is not collected within THIRTY DAYS following the last date on which a planning appeal can be made it will be destroyed without further notice.
Department of Infrastructure, Murray House, Mount Havelock, Douglas, Isle of Man, IM1 2SF Tel (01624 685950) email; [email protected]
13/00478/C
Case Officer: Mr Edmond Riley
Photo Taken:
Site Visit: 07.05.2013
Expected Decision Level: Officer Delegation
1.0 THE SITE 1.1 The application site is Apartment 68 in the Queens Apartments flat block, a six storey building located on Queen's Promenade. It is the second building in the terrace of four similar buildings along Queen's Promenade that starts at the Hilton Hotel. 1.2 Apartment 68 is a one bed flat, consisting of a bedroom, lounge/diner, kitchen, bathroom and hallway / cupboards. It is located in the right-hand corner (when looking at Queens Apartments from Queen's Promenade) of the fourth storey, and is rear-facing. It shares internal walls with two other flats on the same floor, and also one flat each above and below. The neighbouring building – Avondale House – is also comprised of dwellinghouses and it is therefore probably that there are a additional neighbouring dwellings in this building. 2.0 THE PROPOSAL 2.1 The application seeks approval for the additional use of the dwelling as tourist accommodation. There are no external alterations proposed under this application. 3.0 PLANNING HISTORY 3.1 The previous planning applications are not considered to be specifically material in the assessment of the current application. 4.0 PLANNING POLICY 4.1 The application site is within an area zoned as "predominantly residential" on the Douglas Local Plan 1998. It is also within the Douglas Promenades Conservation Area. Given the nature of the application it is appropriate to consider General Policy 2 and Environment Policy 35 of the Isle of Man Strategic Plan (20th June 2007). 4.2 The relevant parts of General Policy 2 are as follows: "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:
| Application No.: | 13/00478/C |
| Applicant: | Emma Louise Buckley |
| Proposal: | Additional use of residential apartment as tourist accommodation |
| Site Address: | Apt 68 Queens Apartments |
| Palace Terrace | |
| Queens Promenade | |
| Douglas | |
| Isle Of Man | |
| IM2 4NY |
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; 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, and i) Does not have an unacceptable effect on road safety or traffic flows on the local highways". 4.3 Environment Policy 35 states in full: "Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development".
5.1 The Highways Department has not commented. 5.2 Douglas Borough Council has not commented. 5.3 One letter of representation has been received from the occupiers of Apartment 80, who comment on the following grounds:
6.1 The application seeks approval for the additional use of the dwelling as tourist accommodation. The main issues to consider in the assessment of the application is the impact upon the residential amenity of the area impacts upon the character and appearance of the Conservation Area and. 6.2 As the application site is within an area zoned as "predominantly residential", and since tourist accommodation falls within the definition of "residential", the proposal is considered to be acceptable in principle. 6.3 It is reasonable to assume that tourist accommodation is used less than that of a residential property resided in full time. As a result, the effect on the residential amenity of the area, were the application to be approved, would be similar to (if not less than) that of a residential dwelling. As a result, it is considered that the safety and security of the building would also be of a commensurate, if not lower, level than currently is the case were the application approved. 6.4 While previous decisions on planning applications are a material consideration in the determination of this planning application, all planning applications are determined on their own merits and, as such, the potential for a precedent being set is not considered to be of great significance. 6.5 This application is for a permanent, not intermittent, additional use of a residential unit for tourist accommodation, and must be determined on this basis. Moreover, planning
permission is not required for "homestay" as this is generally the taking in of guests which can comply with the provisions of the Permitted Development Order. 6.6 It is noted that the Highways Department has not responded to the application. It is reasonable to assume that traffic movements will be lower with a tourist use than as a residential use as holidaymakers are considered likely to have fewer vehicles. 6.7 It is considered, therefore, that the additional use of the property as tourist accommodation would not adversely affect the amenities of the neighbouring properties or the surrounding area in general. 6.8 The conservation area has been designated for many reasons, but significant among them is the strong architectural frontages that indicate the Georgian, Victorian and Regency heritage of the buildings fronting Douglas Bay. Moreover, Douglas Promenade developed primarily in response to the demands of the tourist industry. It is therefore considered that this proposal for new tourist accommodation would, if approved, complement the touristbased history of Douglas Promenade, which is becoming less evident as older hotels are converted to residential accommodation. As a result, the proposal is considered to actively support the designation of the Conservation Area as well as the provisions of Environment Policy 35.
7.1 For the above reasons the application is considered to be acceptable and is recommended for approval.
8.1 It is considered that the following parties that made representations to the planning application should be afforded interested party status:
Recommended Decision: Permitted
Recommendation:
C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.
C 2. The development hereby permitted shall not be carried out except in full accordance with the following plans: Plan No. 1, Plan No. 2, Plan No. 3 and the un-titled block plan all received on 19 April 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 : $\qquad$ Determining officer (delete as appropriate) Signed : $\qquad$ Anthony Holmes Senior Planning Officer Signed : $\qquad$ Michael Gallagher Director of Planning and Building Control
Signed : $\qquad$ Sarah Corlett Senior Planning Officer Signed: $\qquad$ Jennifer Chance Development Control Manager
PA13/00478/C Emma Louise Buckley
Additional use of residential apartment as tourist accommodation, Apt 68 Queens Apartments Palace Terrace Queens Promenade Douglas Isle Of Man IM2 4NY Planning Officer:
Planning history and constraint detail extracted from the planning database for this site, collated for the benefit of the Planning Officer on 24.04.2013, includes;
Conservation Areas: Cons Areas: Douglas Promenades Cons
Dev Control Polygons: Reference Number: 91/00737/D Status: Permitted Proposal: Erection of advertising signs, site of Queens Mansion, Queens Promenade, Douglas. Reference Number: 88/01172/B Status: Permitted Proposal: Alterations and additions to form en-suite bedrooms, Doric Hotel, Queens Promenade, Douglas. Reference Number: 87/00208/B Status: Permitted Proposal: Installation of 3 en-suite bathrooms, 5 Palace Terrace, Douglas. Reference Number: 01/01723/B Status: Refused on Review Proposal: Erection of two seven storey apartment blocks with basement and rear parking, Block A housing 80 apartments on Queens Promenade and Block B housing 19 apartments on Palace Terrace. Reference Number: 89/01711/B Status: Permitted Proposal: Construction of rear fire escape, Friendship Hotel, Queens Promenade, Douglas. Reference Number: 99/01732/B Status: Permitted on Review Proposal: Creation of apartment block, housing 61 apartments and associated parking. Reference Number: 03/01009/B Status: Permitted Proposal: Alterations to rear porches on approved apartment Block A, Queens Mansions, Reference Number: 03/00484/B Status: Permitted Proposal: Creation of electricity substation, relocation of bin store and alterations to approved apartment Block B and courtyard. Reference Number: 86/01415/B Status: Permitted Proposal: Installation of en-suite bathrooms to third floor, Doric Hotel, Queens Promenade, Douglas. Reference Number: 88/04080/B Status: Permitted on Review Proposal: Erection of apartment block of 40 apartments and administration houses, 1-7 Queens Promenade, Douglas. Reference Number: 89/00183/B
Status: Refused Proposal: Temporary portacabin as key store for guests cars and office for car hire, site of Grasmere, 1-4 Palace Terrace, Douglas
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