Officer Planning Report

Planning Report And Recommendations {{table:439321}} ## Considerations {{table:439317}} ## Written Representations {{table:439318}} ## Consultations {{table:439319}} {{table:439320}}

Officer's Report

The Site

The application site relates to an existing dwelling located at Ballagawne farm, Peel Road, Kirk Michael. To the south of the dwelling in question is a larger dwelling and to the north is a stone barn with approval for conversion to form a dwelling. All of these buildings are under the ownership of the applicant and the site is accessed via a private lane from the A4.

The Proposal

This application seeks approval for the change of use of the existing building to tourist use.

Planning Status

The application site is located within an area identified as being of High Landscape or Coastal Value and Scenic Significance by the 1982 Development Order. Within the Isle of Man Strategic Plan 2007, the following are judged to be relevant:

Paragraph 8.9.3; Business Policy 13, and;

Planning History

There are no previous planning applications considered specifically relevant in the assessment and determination of this application.

Representations

Michael Commissioners do not object to this application. The Highways Division does not oppose this application. The owner/occupier of 33 Ballaquark, Douglas comments on where the land associated with the dwelling will be farmed from.

Assessment

The main issue to consider in the assessment of this application is whether the proposal complies with BP13. A secondary matter is how the change of use affects the agricultural land which is associated with the dwelling.

BP13 sets out the presumption in favour of using private residential properties as tourist accommodation provided that it can be demonstrated that such use would not compromise the amenity of neighbouring properties. In this case, the adjacent property is owned by the applicant and is also proposed to be changed to tourist accommodation. It is judged that the proposal complies with BP13.

Paragraph 8.9.3 sets out the criteria for judging whether there is need for a new agricultural dwelling. Part (a) specifically requires previous severance of buildings to be taken into account. The existing dwelling is not tied agriculturally and as such there is no planning control over ownership or those who can reside in the property. Any future application for an agricultural worker's dwelling would be considered having regard to this application.

Recommendation

Permit.

Party Status

It is considered that the following parties, who submitted comments, accord with the requirements of Planning Circular 1/06 and are therefore, afforded Interested Party Status:

Michael Commissioners Accordingly the following parties are not granted Interested Party Status: The owner/occupier of 33 Ballaquark, Douglas 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.

Recommendation

Recommended Decision: Permitted

Date of Recommendation: 08.04.2010 8 April 2010 10/00106/C

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 change of use of existing cottage from residential to tourist use, Ballagawne Farm, Kirk Michael as shown by 1859/09/01 and 1859/09/150 received 29th January 2010.

I confirm that this decision accords with Government Circular No 09/09 Delegation of functions, 10/09 Delegation of Functions (Development Procedure), GC No 11/09 (Advertisements) and GC No 12/09 (Registered Buildings) all to the Senior Planning Officer

Decision Made : Permitted Date : Signed : Senior Planning Officer