Loading document...
Application No.: 22/01185/C Applicant: Mr Charles Simpson Proposal: Additional use of dwelling (class 3.3) as tourist accommodation (class 3.6) Site Address: Kingsley Cottage Ballamodha Straight Ballasalla Isle Of Man IM9 3EL Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 02.11.2022
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 application accords with paragraph 9.5.8, Business Policy 13, Environment Policy 23, General Policy 2 and Community Policies 7 and 11 of the Isle of Man Strategic Plan 2016.
Plans/Drawings/Information;
This approval relates to Location Plan, Floor Plan, Site Plan, and two annotated maps all date stamped and received 12/09/2022. _______________________________________________________________
Additional Persons
None _____________________________________________________________________________
Officer’s Report SITE
1.1 The application site relates to an existing detached converted barn located on the western side of the Ballamodha Straight, Ballasalla. The barn is known as 'Kingsley Cottage'. PROPOSAL - 2.1 Approval is sought for the additional use of the property as tourist accommodation.
2.2 There are no physical works proposed. PLANNING HISTORY - 3.1 The barn was originally approved for conversion in 2003 and subject to amendments in 2004 with the most relevant being 04/02078/B. PLANNING POLICY - 4.1 The site is not designated for development under the 1982 Plan of the Area Plan for the South 2013. The site is not recognised as being at any flood risk. In terms of paragraphs and policies within the Strategic Plan Paragraph 9.5.8 and Business Policy 13 set out a general presumption in support of private dwellings being used as tourist accommodation provided that it does not compromise the amenity of the neighbours, Environment Policy 23 also addresses changes to neighbouring amenity as a result of development. The general design standards set out in GP2 and the Residential Design Guide 2021 shall also be taken into consideration along with Community Policies 7 and 11 in respect of minimising criminal activity and reducing spread of fire.
REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Malew Commissions - no objection (05/10/2022)
5.2 Department of Infrastructure Highway Services - no comments received as of 02/11/2022. - 5.3 No comments received from neighbouring properties.
6.1 The application seeks approval for the additional use of a residential property into tourist accommodation, policies offer support to such development so long as it does not compromise neighbouring amenity. Although there is generally a view in favour of using domestic properties as tourist accommodation, there can be times whereby this is opposed. 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 - PA 04/00194/C.
6.2 In the case of rural properties like this there is already a limited degree of activity in the area and neighbours are generally further away and so it may be difficult to discriminate the behaviours between a tourist and a permanent resident or to differentiate the comings and goings of each minded that it may be no more apparent than those already living in the property and those in the nearby area. It may be that as a tourist, a person may be out a lot of the time, but 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, although there will always be a percentage that may not behave.
6.3 The existing property is already provided with off road parking and thus it is unlikely that there will be any new or increased demands on parking beyond that of the existing residential property. - 6.4 It is noted that although the nature of the use might be different from permanent residential accommodation, the use of the site for private rental accommodation would not require planning approval and could result in frequent and continual turnover of residents, and therefore It is considered 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 also minded of the distances between them. - 6.5 The additional use as tourist use would not result in any changes beyond current occupation in terms of criminal activity nor increase the likely hood of flood risk or spread of fire beyond the existing arrangement, and so the proposal is considered acceptable in these respects.
7.1 For these reasons the proposal is considered to comply with the relevant polices of the Isle of Man Strategic Plan 2016 and there is no demonstrable harm arising from the application. The living conditions of the neighbouring properties will not be made worse as a result of the proposal, and there are no physical works to effect the existing building. The application accords with paragraph 9.5.8, Business Policy 13, Environment Policy 23, General Policy 2 and Community Policies 7 and 11 of the Isle of Man Strategic Plan 2016. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
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: 03.11.2022
Determining officer Signed : J SINGLETON Jason Singleton
Principal Planner
Customer note This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.
Copyright in submitted documents remains with their authors. Request removal
