DEC Officer Report

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No.: 21/01153/C Applicant: Mr Richard Haley Proposal: Additional use of dwelling as tourist living accommodation Site Address: Cronk Urleigh Lodge Douglas Road Kirk Michael Isle Of Man IM6 1AU Planning Officer: Miss Lucy Kinrade Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 23.11.2021 _________________________________________________________________

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 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. The application complies with Paragraph 9.5.8 and Business Policy 13 of the Isle of Man Strategic Plan 2016.

Plans/Drawings/Information;

This approval relates to Site Plan, Location Plan, Parking Plan, First Floor Plan and Proposed Floor Plans and Elevations all date stamped and received 21/09/2021. _______________________________________________________________

Interested Person Status

Additional Persons None _____________________________________________________________________________ Officer’s Report THE SITE

1.1 The site is the residential curtilage of an existing detached dwelling situated on the western side of Douglas Road, Kirk Michael.

• THE PROPOSAL
• 2.1 Proposed is the additional use of the property for tourism. PLANNING HISTORY
• 3.1 The application dwelling has been subject to one previous application for a replacement utility/porch extension under PA 11/01572/B, although this is not material to the current application. PLANNING POLICY
• 4.1 The application site is within an area designated as not for a particular purpose and within a wider area of High Landscape Value and Scenic Significance on the Development Plan (Planning Scheme) Order 1982. The proposal does not include any physical works and so the most relevant policies and paragraphs in the assessment of the additional tourist use here would be Paragraph 9.5.8 and Business Policy 13 which both indicate that a tourist use of an existing dwelling will generally be supported so long as it does not impact or compromise the amenities of neighbours:

4.2 Paragraph 9.5.8 states: "The use of existing private residential properties as tourist accommodation may be acceptable if it can be demonstrated that it will not compromise the amenities of any neighbouring residents." - 4.3 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."

REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only.

5.1 Kirk Michael Commissioners - no objection (11/10/2021).

5.2 Department of Infrastructure Highway Services - Do not oppose - (06/10/2021). - 5.3 No comments received from neighbouring properties.

ASSESSMENT

6.1 The fundamental issues to consider are the impacts on the living conditions of the immediate neighbours and the impact on local amenity. In the case of this application the nearest residential dwelling is around 35m away and also under ownership of the applicant whom is unlikely to be negatively affected by the proposal. In any case of different ownership, any comings and goings of tourist will likely be no more apparent than use for permanent residential or having friends or family visit. The property is modest and not sized to accommodate a large number of tourists or residents and parking demand will be no different between permanent residents and tourist users as to create any new impacts on highways beyond the existing arrangement. It should also be noted that the use of the site for private rental accommodation would require no planning approval and could result in frequent and continual turnover of residents. CONCLUSION - 7.1 It is considered the use of the existing 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 or unacceptable impact upon the living conditions of the

neighbouring properties to warrant a refusal or to result in any new or adverse highway safety issues beyond the existing arrangement.

7.2 It is considered that there is no demonstrable harm arising from the proposal in view of the provisions of Paragraph 9.5.8 and Business Policy 13 and the application is therefore recommended for approval. INTERESTED PERSON STATUS - 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:

• (a) the applicant (including an agent acting on their behalf);
• (b) any Government Department that has made written representations that the Department considers material;
• (c) the Highways Division of the Department of Infrastructure;
• (d) Manx National Heritage where it has made written representations that the Department considers material;
• (e) Manx Utilities where it has made written representations that the Department considers material;
• (f) the local authority in whose district the land the subject of the application is situated; and
• (g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.

8.2 The decision maker must determine:

• o whether any other comments from Government Departments (other than the Department of Infrastructure Highway Services Division) are material; and
• o whether there are other persons to those listed above who should be given Interested Person Status

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

Decision Made : Permitted Date : 24.11.2021 Determining officer

Signed : S BUTLER Stephen Butler Head of Development Management

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