Planning Officer Report

Planning Officer Report And Recommendations {{table:327659}} {{table:327658}}

Officer's Report

1.0 The Application Site

1.1 The site is the residential curtilage of Borrane, The Promenade, Port St. Mary which is part of a pair of a two storey semi-detached property situated on the northern side of The Promenade and east of the Bay Queen Hotel.

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 the 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 It should also be noted that under the Modified Draft Area Plan for the South the application site is again within an area of 'residential use'. The site is not proposed to be within a proposed Conservation Area, although is directly adjacent to The Promenade which is.

3.3 Due to the zoning of the site and the proposed works the following policy are relevant in the determination of the application:-

"General Policy 2: 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."

"Business Policy 13: "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 Highways Division and Port Erin Commissioners have approved the application.

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 on street parking as existing. The Highway Division have considered the proposal and has no objection.

7.0 Recommendation

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

8.0 Party Status

8.1 It is considered that the following meet the criteria of Town and Country Planning (Development Procedure) Order 2005, paragraph 6 (5) (d) and should be afforded interested party status:

Port Erin Commissioners

8.2 The Department of Transport Highways and Traffic Division is now part of the Department of Infrastructure of which the planning authority is part. As such, the Highways and Traffic Division cannot be afforded party status in this instance. Isle of Man Strategic Plan.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 16.03.2012

Conditions and Notes for Approval / Reasons and Notes for Refusal

C : Conditions for approval N : Notes attached to conditions R : Reasons for refusal

• : Notes attached to refusals

C 1. The development hereby permitted shall commence before the expiration of four years from the date of this notice.

C 2. This approval relates to the additional use of residential dwelling to provide tourist accommodation as proposed in the submitted documents and drawings WL/12/1229/1, WL/12/1229/2 and WL/12/1229/3 all received on 7th February 2012.

I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made : Permitted Date : 16/3/12

Determining officer (delete as appropriate)

Signed : Anthony Holmes Senior Planning Officer

Signed : Michael Gallagher Director of Planning and Building Control

Signed : Sarah Corlett Senior Planning Officer

Signed : Jennifer Chance Development Control Manager