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Application No.: 08/01551/C Applicant: Paxton Enterprises Ltd Proposal: Change of use from hotel to private residence Site Address: - Ballacallin Hotel - Dalby - Isle Of Man - IM5 3BT ### Considerations Case Officer: Mr Steve Stanley Photo Taken: Mr Steve Stanley Site Visit: Delegated Decision Center #### Written Representations - Dalby House Dalby Isle Of Man IM5 3BW - Objects to the proposal - Dalby House Dalby Isle Of Man IM5 3BW - Objects to the proposal - Thie Grianagh Niarbyl Road Dalby Isle Of Man - Objects to the proposal - Kinsale Main Road Dalby - Objects to the proposal - Geary Varrey Main Road Dalby IM5 3BR - Objects to the proposal - Ballacallin Farm House Dalby IM3 3BR - Objects to the proposal - Roselea Cottage Main Road Dalby IM5 3BR - Objects to the proposal - PCMS Seacliffe Old Castletown Road Ballaveare - Objects to the proposal - Lhoob Dhoo Dalby Isle Of Man IM5 3BS - Objects to the proposal - Shen-Chroit-Ballacallin Dalby Isle Of Man IM5 3BT - Objects to the proposal - Clerk Of Commissioners On Behalf Of A Petition Of 37 Signatories Hall Caine Pavilion Old Church Road Crosby - Objects to the proposal - Shellan Meayl Dalby Isle Of Man IM5 3BR - Objects to the proposal - Sunnyside Dalby Isle Of Man IM5 3BR - Objects to the proposal 24 February 2009 08/01551/C ### Consultations {{table:540590}} Consultee: Highways Division Notes: Do not oppose Consultee: Patrick Commissioners Notes: Object Consultee: Tourism And Leisure Division Notes:** See Comments below
The application site represents the curtilage of the Ballacallin Hotel, Dalby, Patrick. The site is occupied by a large detached building which is set back approximately 47 metres from the A27. The site is accessed from the A27, having an 'in' and 'out' access arrangement. To the south of the existing building is a large hard standing which provides car parking to serve the hotel. To the west of the building is a large grassed garden area.
The building itself is substantial in size, being arranged over three floors. The main core of the building, excluding the single storey extension to the western side of the front elevation, is well proportioned and despite requiring some external maintenance, the building is an attractive and occupies a prominent position within Dalby Village. The application sets out that the business closed October 2007. Prior to this, the hotel offered a 2 star level of accommodation which was reached following a refurbishment programme by the current owner. It is stated that when open to the general public, the food and beverage was significantly subsidised by the accommodation side of the business.
The application site is located within an area identified as being of High Landscape or Coastal Value and Scenic Significance by the 1982 Development Order, which also identifies the existing hotel on the site. Within the adopted Isle of Man Strategic Plan 2007, the following policies are considered relevant in the assessment and determination of this application:
Community Policy 3, which states: "Development (including the change of use of existing premises) which results in the loss of a local community facility (other than shops and public houses) will only be permitted if it can be demonstrated that it is no longer practical or desirable to use the facility for its existing use or another use likely to benefit the local community."
Business Policy 15, which states: "In new Area Plans, the Department will seek to identify buildings and sites which are redundant for tourist use, and will propose new uses therefor."
The following previous planning applications are considered relevant in the assessment and determination of this application:
88/00212/A sought approval in principle for the erection of 5 holiday chalets, land associated with the Ballacallin Hotel. His was permitted.
88/04502/B sought approval for the erection of 4 holiday chalets and associated car parking. This was permitted.
99/00077/B sought approval for alterations to a bay window and the erection of a front porch. This was permitted.
99/01365/B sought approval for the erection of an extension, the installation of roof lights and the erection of two flagpoles. This was permitted.
00/01585/B sought approval for the installation of sliding sash windows to replace the existing windows. This was permitted.
01/01398/B sought approval for the erection of 4 holiday cottages. This was permitted. 03/01844/B sought approval for the erection of a three storey side extension to replace the existing single storey extension, the erection of a replacement single storey rear extension and the erection of a bin and bottle store. This was permitted.
The owners/occupiers of Thie Grianagh, Niarbyl Road, Dalby object to this application, stating that the property is already designated as residential use and the current hotel use would have to be taken into account in any future redevelopment of the site. It is stated that the bar and restaurant are used by local residents and by tourists visiting the area. It is considered that the hotel could be run successfully and as such it should be retained.
A resident of Dalby House, Dalby objects to this application, stating that the existing hotel is a useful amenity to local residents. It is considered that there is little else to attract people to the area.
A resident of Dalby House, Dalby objects to this application, stating that the existing hotel, bar and restaurant are a useful amenity to the area. The re-opened Niarbyl Café is considered to be a welcome addition to the area but it is judged that this should not be an excuse to lose the hotel.
The owner/occupier of Kinsale, Main Road, Dalby objects to this application, stating that the village needs the existing facility as it is one of few between Peel and The South. It is stated that the loss of the restaurant would be detrimental to smaller tourist accommodation offered in the area. It is considered that the hotel could be a successful business.
The Department of Tourism and Leisure do not support this application, stating that the loss of any tourist accommodation on the Island will impact upon the tourist industry's ability to contribute to the economy.
The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan objects to this application, stating that as no evidence has been provided to satisfy Community Policy 4, the application should be refused.
The owner/occupiers of Roselea Cottage, Main Road, Dalby object to this application, stating that the proposed change of use would not benefit the local community. Concerns are raised as to how the site may be developed should planning approval be forthcoming.
The owner/occupier of Geay Varrey, Main Road, Dalby objects to this application, stating that the loss of the existing facility would adversely affect local residents by removing a meeting place within the village. The existing management of the premises is questioned with a view being taken that the business could be run successfully. The failure to market the property for sale in order to allow it to continue as a hotel is highlighted. The loss of the hotel is considered to be detrimental to the Island's tourist economy.
The owners/occupiers of Ballacallin Farm House, Dalby object to this application stating that the loss of the local pub and restaurant would be detrimental to the local community. It is considered that the existing use of the building assists smaller local businesses in the area.
The owner/occupier of Shen Chroit Ballacallin, Dalby, objects to this application stating that the existing hotel with bar and restaurant are valuable to the local economy and smaller holiday lets in the locality. The lack of any other pub or restaurant facilities in the area is also raised. The potential future development of the site is considered to be detrimental to the surrounding area.
Patrick Parish Commissioners oppose this application stating that the approval of the application would result in a loss to the local community. The Commissioners highlight that there is considerable opposition to the proposal and suggest that the approval of the application would set a precedent for similar businesses to be closed.
The owners/occupiers of Lhoob Dhoo, Dalby object to this application stating that the Ballacallin is a meeting place for the local community. It is considered that if the application were approved, there would inevitably be pressure to redevelop the site, which would be detrimental to the area.
The Department of Transport Highways Division does not object to this application. The owner/occupier of Shellan Meayl, Dalby objects to this application stating that the existing hotel is a valuable part of Dalby Village.
A petition signed by the owners/occupiers of the following properties has been submitted setting out their objection to the planning application:
The owners/occupiers of Sunnyside, Dalby; The owner/occupier of Ballahutchin Farm, Dalby; The owners/occupiers of Cronk Moar, Dalby The owners/occupiers of Laburnum Lodge, Glen Maye The owners/occupiers of Glen Cottage, Glen Maye Their reasons for objecting may be summarised as concerns that the proposal will adversely affect local businesses, particularly small tourist accommodation.
The applicant has responded to these objections whilst also providing further information in relation to the application. It is stated that the property was purchased in 1999 and had been closed for the
previous year having declined into a poor state of repair. It was considered that the building could provide a full service hotel at 2 star level. Over the next 8 years it is stated that the business made a loss each year, compounded by the competition introduced by Niarbyl café. The business closed in October 2007. It is stated that a critical consideration in the decision to apply for this change of use is the need to upgrade the existing kitchen facility which, depending on specification, the applicant says could cost up to £ 135,000. The applicant believes that the Island's tourist industry is in serious decline and will take some years to recover. The competition from hotels across the Island is considered by the applicant to result in over-supply to the market which is further compounded by a large range of self catering accommodation.
The applicant has submitted a "viability study" which has been carried out by a local estate agent. This assesses the economic viability of the hotel business and states that the hotel derives income from three primary sources in the form of occupancy, restaurant/dining and wet sales/public licence. It goes on to state that the hamlet of Dalby is not of a sufficient size to sustain a public bar in high or low season 7 days a week and is not on a well used thoroughfare so as to generate passing trade. Comparisons with rural restaurants/public houses in other locations across the Island are made with it being concluded that factors such as distance from larger residential areas and passing trade make these viable. The final conclusions of the report are that the business is and has been failing and the built fabric requires considerable financial investment.
Callow, Matthewman and Co, Chartered Accountants for Paxton Enterprises Ltd (the applicant) have submitted a letter which states: "We have been asked by the directors of PEL to confirm that the company, in spite of strenuous efforts to establish a successful hotel business, has made trading losses at the Ballacallin Hotel since its incorporation in August 1998."
This application seeks approval for the change of use of the Ballacallin Hotel from a hotel to a private residence. The application includes plans and elevations of the existing building along with an indicative landscape plan which was requested by the Planning Authority. This shows how the hard surfacing to the front of the building could be landscaped should planning permission be granted.
The main issues to be considered in the assessment and determination of this application are the impact of the proposed change of use of the Ballacallin Hotel upon the existing building and site and the impact of the change of use upon the surrounding area. These issues must be assessed with regard to the relevant guidance set out within the Isle of Man Strategic Plan.
It is judged from the outset that this is a finely balanced case. The representations received from local residents, the Parish Commissioners and the Department of Tourism and Leisure reveal concerns based upon the loss of what is considered to be an important asset to the local community and a component which is incidental to the wider tourism strategies of the Island. On the other hand, the applicant argues that the existing hotel business is no longer economically viable, despite efforts to keep the business operational.
Community Policy 3 states that the change of use of local community facilities will only be allowed if it can be demonstrated that it is no longer practical or desirable to use the facility for its existing use. The policy does not state how such practicality or desirability is to be assessed or indeed from whose point of view such an assessment should be based. The applicant has produced a report which sets out that the location of the hotel and the difficulty of operating a hotel in a seasonal market have combined to make the business unviable. However members of the local community point out that they have supported the hotel (including the restaurant and bar) in the past and prior to its closure. The applicant refutes this stating that had there been sufficient support from the local community, the business may have been more successful.
It is considered that the established use of the building is as a hotel. The bar and restaurant facility are considered to be ancillary to the main use of the building as a hotel. On this basis, it is considered that the existing use is a combination of tourism use (hotel) and community facility (bar/restaurant). However it is judged that the hotel use is the primary established use, with the bar and restaurant being subservient to this use. As such it is the prerogative of the owner of the site to offer the bar/restaurant facilities to the general public as opposed to offering this to residents of the hotel only or indeed offering room with no board. On this basis it is judged that it would be unreasonable to classify the restaurant/bar of the building as community facilities in their own right which would warrant the protection set out by Community Policy 3.
Turning to the hotel use, it is not considered that it is appropriate to classify a hotel as a local community facility, particularly given the definition of tourism set out by the Tourism Society contained within the Strategic Plan which defines tourism as "the temporary short term movement of people to destinations outside the places where they normally live and work and their activities during their stay at these destinations". As such, the most relevant policy, Business Policy 15, sets out that the identification and assessment of buildings and sites which are redundant for tourist use will be carried out as part of the future Area Plan process (currently underway with the Southern Area Plan being drafted). It is this process that will assess the viability and appropriateness of using sites such as the Ballacallin Hotel for tourist use or a new use. No such assessment or proposed alternative uses are available at present.
A possible test as to whether the retention of the existing tourist use is practical and desirable would be to advertise the business for sale. This has not been carried out by the applicant who points out that he is experienced in the hotel business and despite this has found this particular business to be economically unviable.
In conclusion, it is considered that it would be unreasonable to refuse this application on the basis that it represents the loss of a local community facility (Community Policy 3) given that the aspect of the business that may be classed as local community facilities were ancillary to the use of the building as a hotel.
Furthermore, the change of use of the building from a (currently non-operational) hotel would likely secure investment in the fabric of the building and as such would result in an improvement to the appearance of the site which would benefit the surrounding area. The Strategic Plan provides limited guidance on how to deal with applications of this nature. Business Policy 15 essentially postpones the general assessment of redundant tourism units across the Island until the Area Plan process has been carried out. It is judged that to refuse this application pending such an assessment (for which there is no set timescale) would be unreasonable and would potentially lead to the further decay of the existing building.
As a side issue, a number of the representations received from local residents relate to concerns that the change of use of the building to form a private residence would pre-empt development of the site. This application seeks only the change of use of the building from a hotel to a private residence. There are no physical alterations to the site proposed. It should be noted that any such works which would constitute development would be assessed through the planning application process and would be considered against the planning policies prevalent at that time.
It is recommended that the application be approved.
It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:
The owners/occupiers of Thie Grianagh, Niarbyl Road, Dalby The owners/occupiers of Dalby House, Dalby
The owner/occupier of Kinsale, Main Road, Dalby The Department of Tourism and Leisure The owner/occupiers of Roselea Cottage, Main Road, Dalby The owner/occupier of Geay Varrey, Main Road, Dalby The owners/occupiers of Ballacallin Farm House, Dalby The owner/occupier of Shen Chroit Ballacallin, Dalby, Patrick Parish Commissioners The owners/occupiers of Lhoob Dhoo, Dalby The Department of Transport Highways Division does not object to this application. The owner/occupier of Shellan Meayl, Dalby The owners/occupiers of Sunnyside, Dalby; The owner/occupier of Ballahutchin Farm, Dalby; The owners/occupiers of Cronk Moar, Dalby The owners/occupiers of Laburnum Lodge, Glen Maye The owners/occupiers of Glen Cottage, Glen Maye Accordingly the following parties are not granted Interested Party Status: The owner/occupier of Seacliffe, Old Castletown Road, Ballaveare, Braddan
Recommended Decision: Permitted
Date of Recommendation: 24.02.2009
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 change of use of the Ballacallin Hotel to form a private residence as shown by the plans and information 751.08, 129.12.00, 130.1.98 and 131.2.98 all received 6th August 2008.
C 3. The building may be used only as a single dwelling. C 4. Prior to any development taking place, there must be submitted to and approved by the Planning Authority a scheme of landscaping for the existing hard-surfaced area to the front (west) of the building. Such details must include the introduction of soft landscaping to improve the appearance of the site.
I confirm that this decision accords with Government Circular No 31/07 (Delegation of Functions to Senior Planning Officer)
Decision Made : Permitted Date : 26 / 2 / 09 Signed : Senior Planning Officer
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