DEC Officer Report

Application No.: 21/00378/C Applicant: Surfside Holiday Limited Proposal: Additional use of residential property as tourist accommodation Site Address: 12 Bridge Street Peel Isle Of Man IM5 1NF Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 18.05.2021 _________________________________________________________________

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.

It is considered that there is no demonstrable harm arising from the proposal and, in view of the provisions of Paragraph 9.5.8 and Business Policy 13, and the application is, therefore, recommended for approval.

Plans/Drawings/Information; This decision relates to the Location Plan, Site Plans, and Floor Plans date stamped and received 23 March 2021. _______________________________________________________________

Interested Person Status

Additional Persons

It is recommended that the following Government Departments should be given Interested Person Status on the basis that they have made written submissions relating to planning considerations:

Department of Infrastructure (DOI) Flood Risk Management Division _____________________________________________________________________________

Officer’s Report

- 1.0 THE SITE

1.1 The application site relates to 12 Bridge Street, Peel, a four storey end terrace property situated on the eastern side of Bridge Street and on the corner of Bridge Street and Stanley Mount. - 1.2 This three bedroom property has its living room and sub floor storage on the lower ground floor level, the kitchen on the upper ground floor, bedroom and bath room on the first floor, and two bedrooms on the second floor level (within the loft). The property has no access to private parking, although it is within close proximity to the Peel town centre and there is restricted on street parking on one side of the highway.

2.0 THE PROPOSAL - 2.1 The application seeks approval for the additional use of the residential property as tourist accommodation. There would be no changes to the external appearance of the building.

3.0 PLANNING STATUS - 3.1 The application site is located within an area identified as being 'Mixed use' on the Peel Local Plan (1989). The site is also within the Peel Conservation Area and the highway serving the dwelling has high likelihood of surface water flood risk as shown on the Isle of Man Indicative Flood Risk Maps. - 3.2 Given the nature of the proposal, and the location of the property within a Conservation Area, the most appropriate Strategic Plan guidance to be applied are as follows: - 3.3 Paragraph 4.4.4: "The development of tourism should be fostered by making appropriate use of the Island's natural attractions, our built heritage and our vintage transport systems. Accordingly:

Strategic Policy 8: "Tourist development proposals will generally be permitted where they make use of existing built fabric of interest and quality, where they do not affect adversely environmental, agricultural, or highway interests and where they enable enjoyment of our natural and manmade attractions."

"9.5.8 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."

3.4 Business Policy 13: "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." - 3.5 General Policy 2: "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:

• 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;
• i) does not have an unacceptable effect on road safety or traffic flows on the local highways."

3.6 Environment Policy 35 states:

• "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."
• 3.7 Planning Policy Statement 1/01 contains more detailed advice about development within a Conservation Area:

• 3.7.1 POLICY CA/2 SPECIAL PLANNING CONSIDERATIONS "When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area will be a material consideration when assessing the application."
• 3.7.2 POLICY CA/4 PROPOSALS FOR PRESERVATION AND ENHANCEMENT It is important that designation is not seen as an end in itself, but that there be an opportunity for the designation to be considered in a wider context, such as that of an area plan. It is this overview which will basically determine the long term validity and prosperity of the conservation area. For example, proposals and policies contained within an area plan may take the opportunity to improve matters such as traffic congestion in and around a conservation area by traffic management and improvement, the provision of off-street parking and the introduction of some pedestrian or bicycle priority ways. The plan will also prescribe the use of land and buildings within the conservation area and beyond and may indicate opportunities for enhancement by restoration and re-use, or if appropriate, for replacement of elements within the conservation area which detract from the special character of the area.

4.0 PLANNING HISTORY There are no previous planning applications considered relevant in the assessment and determination of this application. - 5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only.

5.1 The Department of Infrastructure (DOI) Highways Division have indicated that they 'Do not oppose' in a letter dated 20 April 2021. - 5.2 Representation from the Department of Infrastructure (DOI) Flood Risk Management Division confirms that that there is 'No Flood Risk Management interest' in the letter dated 26 April 2021. - 5.3 Peel Town Commissioners have not made any representations regarding the application although they were consulted on 8 April 2021.

- 6.0 ASSESSMENT

6.1 The application seeks approval for the additional use of a residential unit as tourist accommodation. The fundamental issues to consider in the assessment and determination of this planning application are the impact of the proposal on the living conditions of the immediate neighbours and the impact on local amenity. - 6.2 The dwelling is located within an area frequented by tourists with the beach, public houses, breakwater and cafes nearby. Like most residential properties within close proximity to the Peel town centre, the property is within walking distance to the Peel Castle, St. German's Cathedral (which is a Registered Building - RB 204), the Bowling Green Café, Peel Beach, Castle Street gardens, and the Peel Marina, all offering a varied range of activities to support

• tourists. As such, the location of the premises is well suited to the additional tourist use and the principle of such development is considered acceptable.
• 6.3 With regard to impact on neighbours, 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. In this case, the use of the existing residential dwelling as tourist accommodation would have a similar impact, whether it is used for tourist or permanent residential use and therefore would not have a significant impact upon the living conditions of the neighbouring properties. This is hinged on the fact that 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; a situation that may be less likely to occur for tourists as they would be out and about exploring various locations. It should also be remembered that the use of the site for private rental accommodation would require no planning approval and could result in frequent and continual turnover of residents with associated impacts on the neighbours.
• 6.4 There should be no material change in the effect on highway safety and car parking with arguably a reduced impact from tourist occupancy where such may not always have a car, or require a car as the property has no access to private parking. Besides, the property is within close proximity to a public transport corridor with tourists occupying the dwelling afforded easy access to public transport options to various parts of the Island.
• 6.5 The proposal involves no physical changes to the building and as such there are no visual impacts from the proposal which would impact on the character of the property or broader Conservation Area. However, finding additional income via tourist rentals for this property which is in the Conservation Area will ensure that there is revenue available to support the maintenance of the application dwelling so that it does not fall into a state of disrepair. For that reason, whilst the scheme would not result in any physical changes to the exterior of the building, it would ensure the continuous maintenance of the property through the provision of additional income generated and as such can be considered to preserve the character and appearance of the dwelling; complying with EP35 of the Strategic Plan and PPS 1/01.

- 7.0 CONCLUSION

7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan and as such is, therefore, recommended for approval. - 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:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material. 8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and

• o whether there are other persons to those listed above who should be given Interested Person Status

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: 19.05.2021 Determining officer

Signed : S CORLETT Sarah Corlett Principal Planner

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