Officer Report

Application No.: 16/00495/C Applicant: Mrs Michelle Garrod Proposal: Additional use of residential dwelling as tourist accommodation Site Address: Ballakaneen Chapel Andreas Road Andreas Isle Of Man IM7 4EW Case Officer : Mr Chris Balmer Site Visit: 24.05.2016 Expected Decision Level: Officer Delegation

Officer’s Report

1.0 THE APPLICATION SITE - 1.1 The application site is the residential curtilage of Ballakaneen Chapel, Andreas Road, Andreas which is a converted chapel situated to the eastern side of Andreas Road within the village of Andreas.

2.0 PROPOSAL - 2.1 The application seeks approval for the additional use of residential dwelling to provide tourist accommodation.

3.0 PLANNING POLICY - 3.1 The application site is within an area of 'residential use', under Isle of Man Development Plan Order 1982. The site is neither within a Conservation Area nor within an area of High Landscape or Coastal Value and Scenic Significance. - 3.2 Due to the zoning of the site and the proposed works the following policies are relevant in the determination of the application:- - 3.3 General Policy 2 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:

• (a) is in accordance with the design brief in the Area Plan where there is such a brief;
• (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them;
• (c) does not affect adversely the character of the surrounding landscape or townscape;
• (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses;
• (e) does not affect adversely public views of the sea;
• (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;
• (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;
• (j) can be provided with all necessary services;
• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan;

• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding;
• (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."

3.4 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."

4.0 PLANNING HISTORY - 4.1 There are no previous planning applications which are considered relevant in the assessment and determination of this application.

5.0 REPRESENTATIONS - 5.1 Highway Services have no objection to the application (received on 16.05.2016).

6.0 ASSESSMENT - 6.1 The property is currently used as a residential property; the application will enable the owners to rent the property for tourist accommodation when they are not occupying the dwelling. - 6.2 The dwelling is within a residential area so the principle of such development is considered acceptable. - 6.3 Business Policy 13 indicates that 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. There are a number of residential properties in the area. - 6.4 It is considered the use of the existing residential dwelling for tourist accommodation will have the same impact, whether it is used for tourist or permanent residential use. - 6.5 Parking would be provided via the existing off-street parking to the rear of the chapel, which would be used irrespectively if the property was used as permanent residential accommodation or tourist purposes. Arguably, it could be argued that tourist accommodation may have a lesser demand for parking, as persons visiting the property would more likely or not only have a single vehicle and unlikely to have person visiting, compared to permanent residential accommodation. The Highway Services have considered the proposal and has no objection.

7.0 RECOMMENDATION - 7.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan therefore it is recommended that the application be approved.

8.0 PARTY STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013, the following persons are automatically interested persons:

• o The applicant, or if there is one, the applicant's agent;

• o The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested;
• o Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material , in this case, Department of Infrastructure Highway Services and
• o The local authority in whose district the land the subject of the application is situated.

With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word

'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order. Recommendation Recommended Decision: Permitted Date of Recommendation: 06.06.2016 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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.

This approval relates to drawings reference Location/Site Plan, and Existing Floor Plans all received on 29th April 2016.

I can confirm that this decision has been made by a Senior Planning Officer in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.

Decision Made : Permitted Date: 13.06.2016 Determining officer

Signed : S CORLETT Sarah Corlett Senior Planning Officer

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