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Application No.: 22/01430/C Applicant: Mr & Mrs Christopher & Sophie Cope Proposal: Change of use application for property to be additionally used as tourist accommodation Site Address: Frontignac Shore Road Port Erin Isle Of Man IM9 6HH Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 10.01.2023
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 the following drawings and information all numbered and date stamped and received 14/11/2022.
_______________________________________________________________ Interested Person Status – Additional Persons
It is recommended that the owners/occupiers of the following properties should not be given Interested Person Status as they are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings and are not mentioned in Article 4(2):
The owners of Gull Cottage, Bradda Road - as they do not clearly identify the land which is owned or occupied which is considered to be impacted on by the proposed development in accordance with paragraph 2A of the Policy and is not within 20m of the application site and the development is not automatically required to be the subject of an EIA by Appendix 5 of the Strategic Plan, in accordance with paragraph 2B of the Policy _____________________________________________________________________________
1.0 THE SITE - 1.1 The site is the curtilage of an existing three storey, semi-detached dwelling known as Frontignac, Shore Road, Port Erin. The dwelling comprises four bedrooms, two bathrooms, kitchen and lounge, first floor balcony and an integrated single garage. Its adjoining neighbour mirrors the frontage and also has an integrated garage. The dwelling has open views over Port Erin Bay.
1.3 The site does not relate to a Registered Building but is within Port Erin Proposed Conservation Area. The front part of the site is within an area of high tidal flood risk. - 2.0 THE PROPOSAL
2.1 Approval is sought for the additional use of the property as tourist accommodation. - 2.2 There are no physical works proposed to the outside.
3.1 The dwelling ad its adjoining neighbour have been subject to a number of previous application relating to their development including:
4.1 In terms of local plan policy, the application site is within an area of Port Erin recognised as residential on the Area Plan for the South 2013. The site sits just outside of the high tidal flood risk zone and is not at any surface water 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 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.
4.2 Although not in an area of Mixed Use paragraphs 6.6.1, 6.6.2 and 6.6.3 of the APS2013 seek a vitality and viability of Port Erin through having a mix and range of uses to benefit local community and attract visitors including tourism. - 5.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.
5.1 Port Erin Commissioners - in support (14/12/2022). - 5.2 Department of Infrastructure Highway Services - Do not oppose (24/11/2022) - no significant negative impact upon highway safety, network functionality and /or parking. The Applicant is advised to consider installing an electric vehicle charging point. - 5.3 Department of Infrastructure Flood Risk Management - No comments received. - 5.4 The owners of Gull Cottage, Bradda Road, Port Erin - Comments (29/11/2022) "Tourist accommodation is restricting choice for residents. There is no plan for the sustainable amount of tourist accommodation in the village. Recent applications for change of use have been contradictory. Shore Road should have restricted tourist accommodation."
6.0 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 properties like this which are within the settlement and in the town centre 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 indicated to have a single garage available for off road parking just as the existing. It is unlikely that there will be any new or increased demands on parking between the existing residential use or as a result of the proposed tourist use. There are bus stops located in the nearby area and on-street parking nearby which could be used by the current occupants or by any anticipated tourists. - 6.4 Comments have been raised on the application in respect of the loss of residential properties. This application is for the additional use for tourism and so the use can easily switch between the two. It is noted that although the nature of the tourist use might be slightly 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 would have a similar impact,
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 streetscene or surrounding area. The application accords with 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. - 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:
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: 20.01.2023 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner
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