6 June 2024 · Planning Committee (decision issued under delegated authority following Section 13 agreement; signed by J Chance, Director of Planning and Building Control)
Falcons Nest Apartments, Strand Road, Port Erin, Isle Of Man, IM9 6hb
Falcons Nest Apartments is a four-storey detached block of eight self-contained units originally approved as affordable housing for over-55s, later changed to tourist accommodation only. This proposal allows dual use as both tourist units (class 3.6) and residential apartments (class 3.4), with uniform balconies (1.7m …
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The proposal was approved as it complies with Housing Policy 17 (conversion of buildings to flats acceptable given layout, parking, and outlook), Business Policy 13 (mixed residential/tourist use not …
Strategic Policy 2 - Priority for new development to identified towns and villages
Requires priority for development in service centres like Port Erin. Officer assessed site as within defined Port Erin area in mixed-use designation, making general presumption for development (balconies/additional residential use) acceptable in principle.
General Policy 2
Tests visual impact (GP2b,c: balconies uniform with glass balustrades minimising impact), neighbouring amenity (GP2g: no loss of privacy at 33m/secondary rooms), and highway safety (GP2h,i: no adverse impact with existing parking/access). No tensions noted; fully compliant.
Housing Policy 17
Permits conversions where layout, parking, and outlook acceptable. Assessed as met due to self-contained apartments with adequate onsite parking and outlook, allowing blended residential/tourist use.
Business Policy 13
Allows tourist use without harm to amenity. Officer found little difference between residential and tourist occupation; no adverse impact on neighbours, compliant with mixed proposal not contrary to Area Plan tourism safeguards.
Housing Policy 5
Requires 25% affordable housing for 8+ units. Applied due to residential element in mixed-use site; secured via Section 13 agreement for provision or commuted sum, addressing policy despite ambiguous history.
Time limit
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.
Use classes restriction
The application hereby approved shall only be used in accordance with Class 3.3-'Dwellinghouse' and Class 3.6 'Self-contained self-catering units' as defined in the Town and Country Planning (Use Classes) Order 2019, or subsequently amended. REASON To ensure appropriate use of the building in accordance with this application.
No Highways Interest
No objections to the proposals
Confirm removal of container on site and address consultation concerns
DOI Highways and DOI Public Estates and Housing Division raised no objections to the application, with the latter requesting a commuted sum for affordable housing; public representations included one objection on privacy and parking grounds and one neutral query about a shipping container.
Key concern: privacy loss from balconies overlooking adjacent property
Department of Infrastructure Highways Division
No ObjectionDo not oppose; no significant negative impact upon highway safety, network functionality and /or parking; The Applicant is advised to consider the provision of bicycle parking and electric vehicle charging points.
Public Estates and Housing Division
Conditional No Objectionthe Department requests that in this case the Committee approves the inclusion of a Commuted Sum; The applicant has agreed with the Department that the Commuted Sum will be £46,620
Conditions requested: inclusion of a Commuted Sum to be paid by the applicant in lieu of two (2) affordable units; Commuted Sum will be £46,620, which would be paid after 30th June 2024 and before 31st July 2024
The Old Police Station resident
ObjectionThis will reduce our privacy more so than at present, as it will encourage residents to come out onto their balconies.; I anticipate that with 8 residential flats each awarded 2 parking spaces (as per the plans) this effect will be exacerbated.
Lincluden resident
No CommentWe do not have an issue with the proposed amendment to the apartments as we do not believe the balcony additions will impact us greatly.; We do however just want to understand if there is a plan to remove the large shipping container
