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Application No.: 25/90100/C Applicant: Mr Robert Moore Proposal: Additional use as tourist accommodation Site Address: Ballajora Cottage Dreemskerry Road Ballajora Ramsey Isle Of Man IM7 1BL Planning Officer: Vanessa Porter Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 25.02.2025 _________________________________________________________________
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.
It is considered that there is no demonstrable harm arising from the proposal and, in view of the provisions of Paragraph 9.5.8 and Business Policy 13, the application is therefore recommended for approval.
Plans/Drawings/Information; This decision relates to the following plans and drawings, date stamped received on 29th January 2025;
This decision also relates to an annotated site plan, which shows the parking area and additional photos dated received 7th February 2025. _________________________________________________________________ Right to Appeal It is recommended that the following organisations should NOT be given the Right to Appeal: DOI Highway Services - No objection
Garff Commissioners - No objection
_________________________________________________________________ Officer’s Report THE APPLICATION SITE
1.1 The application site is within the curtilage of Ballajora Cottage, Dreemskerry Road, Ballajora which is a converted barn situated to the Western side of Dreemskerry Road. There is a track adjacent to the property which provides entry to the rear of the property and to the adjacent properties to the South. THE PROPOSAL - 2.1 The application seeks approval for the additional use as tourist accommodation. PLANNING HISTORY - 3.1 The following applications are relevant to the assessment of this application; PA04/00700/C - Change of use of existing holiday accommodation to a residential unit Permitted on Review PA98/01333/B - Conversion of outbuilding to holiday cottage with external alterations Permitted. PLANNING POLICY - 4.1 In terms of local plan policy, the application site is within an area recognised as "not zoned for development" under the 1982 Development Plan, North Map. The property is not within a Conservation Area nor a Flood Risk Zone.
4.2 Relevant policies are General Policy 2, Strategic Policy 8, Environment Policy 22, Business Policies 11 and 13 from the Isle of Man Strategic Plan 2016 which set out the general standards towards acceptable development, the acceptability of tourist development provided it does not adversely affect the surrounding area and where neighbouring amenity is not compromised. REPRESENTATIONS - 5.1 The following representations can be found in full online, below is a short summery;
5.2 DOI Highway Services have considered the application and state, "After reviewing this application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking as the proposed use as a similar or less parking demand to the existing use." (03.02.25)
5.3 Garff Commissioners have considered the application and state, "The location and circumstances were discussed. There were no objections to the proposals." (10.02.25) ASSESSMENT - 6.1 The fundamental issues to consider in the assessment of this planning application, is the impact of the proposal on the neighbours and local amenities and whether there would be an impact to the streetscene as a whole or neighbouring amenity due to the proposed alterations.
6.2 It is difficult to assess how an individual person would behave whether they be a tourist or permanent resident. As a tourist, a person may be out a lot of the time, but may also have greater late nights and be disruptive on return. On the other hand, permanent residents may be at home more of the time, but be more likely to invite friends or family over for dinner or parties that may be noisy. In general terms, however, the majority of people tend to behave well and raise no concerns, although there will always be a percentage that might not, whether they are a permanent resident or otherwise.
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.
6.4 The property is currently being used as a residential property of which the additional use of this application will enable the owners to part-rent part of the property for tourist accommodation. The dwelling is not located nearby neighbouring properties, as such by dint of its location would have a minimal impact. - 6.5 It is considered therefore deemed that the use of part 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. - 6.6 With regards to the parking available to the property, further information was requested of which details were provided and show that there would be enough parking within the overall site for the use of the cottage as tourist and for the main dwelling within the site. - 6.7 The additional use as tourist use would not result in any changes beyond current occupation in terms of an increase in water usage, criminal activity nor increase the likely hood of spread of fire beyond the existing arrangement, and so the proposal is considered acceptable in these respects.
7.1 In view of the lack of concern raised with respect to the proposal, it is considered that there is no demonstrable harm arising from the proposal and, in view of the provisions of Paragraph 9.5.8 and Business Policy 13, the application is therefore recommended for approval. RIGHT TO APPEAL AND RIGHT TO GIVE EVIDENCE - 8.1 The Town and Country Planning (Development Procedure) Order 2019 sets out the process for determining planning applications (including appeals). It sets out a Right to Appeal (i.e. to submit an appeal against a planning decision) and a Right to Give Evidence at Appeals (i.e. to participate in an appeal if one is submitted).
8.2 Article A10 sets out that the right to appeal is available to:
8.3 Article 8(2)(a) requires that in determining an application, the Department must decide who has a right to appeal, in accordance with the criteria set out in article A10. - 8.4 The Order automatically affords the Right to Give Evidence to the following (no determination is required):
I can confirm that this decision has been made by the Head of Development Management 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, and/or rights to appeal.
Decision Made : Permitted Date : 27.02.2025 Determining Officer
Signed : S BUTLER Stephen Butler Head of Development Management
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