DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/00341/C Applicant: Livelladeen Limited Proposal: Additional use of residential property as tourist living accommodation Site Address: 1 Charles Street Peel Isle Of Man IM5 1AF Planning Officer: Mr Peiran Shen Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 19.04.2022

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. This application is considered to comply with General Policy 2, Business Policy 13 and Transport Policy 7 of the Strategic Plan.

Plans/Drawings/Information;

This approval relates to the documents, site plan, floor plans and photos date stamped as having been received on 10th March 2022. _______________________________________________________________

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

- 1.0 THE SITE

1.1 The site is the residential curtilage of 1 Charles Street, Peel.

2.0 THE PROPOSAL - 2.1 The proposal is for the additional use as self-contained, self-catering tourist accommodation (use class 3.6).

3.0 Planning History - 3.1 Additional use of residential dwelling as tourist accommodation was APPROVED under PA 12/00530/C.

4.0 Planning Policy Site Specific - 4.1 The site is within an area designated as Mixed Use in the Peel Local Plan 1989. - 4.2 The site is within the Peel Conservation Area. Strategic Policy - 4.3 The Isle of Man Strategic Plan 2016 contains the following policies that are considered materially relevant to the assessment of this current planning application: Principle of Developments - 4.4 Strategic Policy 4 states: "Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings, Conservation Areas, buildings and structures within National Heritage Areas and sites of archaeological interest." - 4.5 General Policy 2, which provides an overall requirement for all development, 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: (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;

• (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;

• (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."

Environment

4.6 Strategic Policy 5 states: "New development, including individual buildings, should be designed so as to make a positive contribution to the environment of the Island." - 4.7 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." This is also reiterated in CA/2 of PPS 1/01. Parking - 4.8 Transport Policy 7 states: "The Department will require that in all new development, parking provision must be in accordance with the Department's current standards."

4.9 Appendix 7.6 states that for typical residential development, there should be two spaces for dwellings with two or more bedrooms. These standard can also be relaxed under certain circumstances. Tourism - 4.10 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." Safety and Security - 4.11 Community Policy 7, 10 and 11 state that the design of new development must, as far as is reasonable and practicable, pay due regards to existing best practise such as to prevent criminal and anti-social behaviour and outbreak and spread of fire. In addition, development should also provide proper access for fire-fighting vehicles and adequate supplies of water for fire-fighting purposes." - 4.12 Infrastructure Policy 5 particularly states that "Development proposals should incorporate methods for water conservation and management measures to conserve the Island's water resources." PPS and NPD - 4.13 There is no relevant Planning Policy Statement or National Policy Directive that applies to this application.

5.0 OTHER MATERIAL CONSIDERATIONS Legislation - 5.1 Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". This sets out the approach to be taken in determining planning applications, which includes giving great weight to the asset's conservation when considering the impact of a proposed development on the asset. Given that the site is within a Conservation Area, the above requirements apply and appropriate consideration will be given in section 7.

6.0 REPRESENTATION - 6.1 Peel Town Commissioners has not commented at the time of the report (19.04.2022). - 6.2 DoI Highway Services does not oppose this application (31.12.2021). The comment states that there is no significant negative impact upon highway safety, network functionality and/or parking.

7.0 ASSESSMENT Conservation Areas Statutory Test - 7.1 Before assessing elements of the proposal, as it is within a Conservation Area, a test should be applied to this proposal as mentioned in 5.1. This is whether the proposal would preserve or protect the character of the Conservation Area. - 7.2 The proposal does not involve external alteration. Therefore, the proposal is considered to preserve the character of the Conservation Area and passes the test. Elements of Assessment - 7.3 The key considerations in the determination of the application are the principle of development, its impact on parking provision and on the amenities of the neighbours.

• Principle of the Development
• 7.4 The dwelling is within a town centre and a mixed use area. Therefore, it is considered that the proposal is acceptable. Parking Provision
• 7.5 As the proposal is with easy access to public transport, it is considered that the parking standard can be relaxed and there is no impact on parking provision. Neighbouring Amenities
• 7.6 It is difficult to assess how an individual would behave, whether as a tourist or a resident. As a tourist, a person may be out a lot of the time, but may also have greater late nights and be disruptive on return. In the meantime, both tourist and permanent residents have incentives for organising gatherings, which can easily be carried out till late at night. In general terms, however, the majority of people tend to behave well and raise no concerns. Therefore, it is unlikely for this change of use to have a significant impact on the living conditions of the neighbouring properties.

8.0 CONCLUSION - 8.1 The proposal is considered to comply with General Policy 2, Business Policy 13 and Transport Policy 7 of the Strategic Plan. Therefore, it is recommended for an approval.

9.0 INTEREST PERSON STATUS - 9.1 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 which 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.

9.2 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 the Director of Planning and Building Control 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 : 20.04.2022

Determining officer Signed : J CHANCE Jennifer Chance Director of Planning and Building Control

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