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Application No.: 21/00614/C Applicant: Mr David & Mrs Anne Turner Proposal: Additional use of dwelling as tourist accommodation Site Address: 1 Ballakeyll Colby Isle Of Man IM9 4AY Planning Officer: Mr Paul Visigah Recommended Decision: Permitted Date of Recommendation: 21.07.2021 _________________________________________________________________
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. The proposal is considered to comply with Business Policy 13 and Paragraph 9.5.8 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information; This approval relates to the Site and Location Plans, The Photographs, and Floor Plan, all date stamped and received 20 May 2021. _______________________________________________________________
None _____________________________________________________________________________
1.0 THE SITE - 1.1 The site represents the curtilage of an existing dwelling situated on the corner of Ballakeyll and the Main A7 highway. The existing dwelling is a semi-detached dormer bungalow attached to a property to the north east - Meadow View. The property has access to a garage and there are parking provisions on site. Unrestricted on-street parking is also allowed within this residential area which ends in a cul de sac.
2.1 The current application proposes the additional use of the dwelling for tourist accommodation. Its three bedroom configuration will be retained to support the residents and tourists. No external alterations are proposed.
3.0 PLANNING POLICY - 3.1 The application site is in an area designated as "residential" on the Area Plan for the South 2013 and the site is not within a Conservation Area. Given the nature of the proposal it is relevant to consider the following paragraph and policy from the Strategic Plan: - 3.2 Paragraph 9.5.8 states: "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." - 3.3 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 applications materially relevant in this case.
5.0 REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. - 5.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in the letter dated 14 June 2021. - 5.2 Arbory and Rushen Parish Commissioners have resolved to support the application in a letter dated 21 June 2021. - 5.3 No comments have been received from neighbouring properties.
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 Although there is generally a view in favour of using residential properties for tourist accommodation as outlined in Business Policy 13, there can be times whereby this is opposed - PA 14/00194/C. There have been a small number of refusals given to applications looking to gain the same permission; the use of flats for tourist accommodation could potentially have a damaging effect on the amenities of others through the comings and goings of tourists in comparison to permanent residents, although most are granted approval there has been an instance of one refusal on appeal (14/01089/C) which related to an apartment building. The current application relates to a building with a shared access, although no other space is shared. - 6.3 Whilst it is noted that the shared access may pose a challenge for the occupants of the other building attached to the application property if the tourists use a private car, it is not considered that most visitors to the Island would come in their private cars. Besides, visitors sharing the driveway with the current occupants of the application dwelling and the neighbours at Meadow View would not be considerably at variance with the current use of the property as the comings and goings of the tourist(s) may not be considerably different from visitors with vehicles staying at the property for a given period; although it is acknowledged that the tourists may also have a greater number of late nights and be disruptive on return. On the other hand, 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. In general the majority of people tend to behave well and raise no concerns, even though there will always be a percentage that may not behave.
6.4 Based on the foregoing, it is considered that 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; given the size of the property and rooms available for tourist use. 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. This applies too to parking and in fact it may be more likely that the occupants have fewer or no vehicles than if it were occupied by permanent residents. More so, there is ample on-street parking within this calm cul de sac which would serve tourists staying at the property. Whilst concerns about parking and highway safety are material and relevant, it is not considered that the proposed additional use would result in any significant change to the existing situation so this is not a reason to refuse the application.
7.0 CONCLUSION - 7.1 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, the application is 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:
8.2 The decision maker must determine:
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: 21.07.2021 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner
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