DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No.: 22/01259/C Applicant: Mr & Mrs Michael & Katherine Lightfoot Proposal: Change of use for property to be residential and tourist accommodation Site Address: 14 Milner Terrace Castletown Isle Of Man IM9 1AJ Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 01.12.2022

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. The application accords with paragraph 9.5.8, Business Policy 13, Environment Policies 23 and 35, General Policy 2 and Community Policies 7 and 11 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This approval relates to Site Plan, Location Plan and floor plans all date stamped and received 30/09/2022. _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report SITE

1.1 The application site is 14 Milner Terrace, Castletown a three storey mid-terraced property situated at the northern end of Milner Terrace. To the rear of the property is a rear lane which serves both Milner Terrace and Athol Terrace. 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 dwelling was approved for installation of replacement windows and door, replacement of existing roof tiles under 19/00925/B. PLANNING POLICY - 4.1 In terms of local plan policy, the application site is within an area recognised as residential on the Area Plan for the South 2013 and also within the Conservation Area. The site sits just outside of the high tidal flood risk area. In terms of paragraphs and policies within the Strategic Plan, Environment Policy 35 seeks to protect the character and appearance of the Conservation Area, and Paragraph 9.5.8 and Business Policy 13 set out a general presumption in support of private dwellings as tourist accommodation provided 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 Environment Policy 13, Community Policies 7 and 11 in respect of flood risk, 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 Castletown Commissions - no comments received as of 30/11/2022.

5.2 Department of Infrastructure Highway Services - Do not oppose (19/10/2022). - 5.3 No comments received from DOI Flood Risk or neighbouring properties.

ASSESSMENT

6.1 The application seeks approval for the additional use of a residential property to tourist accommodation which is generally to be supported 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 town centre properties like this there is already a degree of activity in the area and 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 not indicated on submitted plans to benefit from any 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 demand and use as a result of the tourist proposal. There are bus stops located in the nearby area and on-street parking nearby, public car parks are also available at a short walk away and which could be used by the current occupants or by any anticipated tourists.
• 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.
• 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.

CONCLUSION

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 are not to be made worse as a result of the proposal and as there are no physical works proposed there is to be no impact on the proposed Conservation Area. The application accords with Environment Policy 35, 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:

• (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: 02.12.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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