DEC Officer Report

Application No.: 22/00554/C Applicant: Mrs Caitriona Ellis Proposal: Additional use of residence as tourist accommodation Site Address: 33 Hope Street Castletown Isle Of Man IM9 1AP Planning Officer: Mr Paul Visigah Expected Decision Level: Officer Delegation Recommended Decision: Permitted Date of Recommendation: 05.09.2022

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.

Overall, it is considered that the application would not harm the use and enjoyment of neighbouring properties and would comply with Business Policy 13, General Policy 2, and Environment Policy 35 of the Strategic Plan 2016.

Plans/Drawings/Information;

This approval relates to the submitted documents and drawings received on 18.05.2022, and Correspondence received 18.08.2022. _______________________________________________________________ Interested Person Status – Additional Persons None _____________________________________________________________________________

Officer’s Report

1.0 THE SITE - 1.1 The application site relates to 33 Hope Street, a two storey end-terrace property situated on the western side of Hope Street, within Castletown Conservation Area. The dwelling is finished with grey stone and features casement windows and a central front door. The property has a pitched roof and a chimney stack on the northern gable.

2.0 THE PROPOSAL - 2.1 The application seeks approval for additional use of residence as tourist accommodation. There would be no changes to the external appearance of the building.

3.0 PLANNING POLICY - 3.1 The site is identified as being within a Predominantly Residential area on the Area Plan for the South 2013. The site is within the Castletown Conservation Area and also within an area prone to high tidal flood risk. The site is, however, not within a Registered Tree Area, and there are no protected trees on site. As such, the following Strategic Plan policies are relevant: - 3.2 General Policy 2 states that 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:

• (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;

• (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;

• (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; and
• (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding.

3.3 Strategic Policy 4: Proposals for development must: (a) Protect or enhance the fabric and setting of Ancient Monuments, Registered Buildings(1), Conservation Areas(2), buildings and structures within National Heritage Areas and sites of archaeological interest; - 3.4 Environment Policy 35: Within Conservation Areas, the Department will permit only development which would preserve or enhance the character or appearance of the Area, and will ensure that the special features contributing to the character and quality are protected against inappropriate development. - 3.5 Environment Policy 13 notes that development which would result in an unacceptable risk from flooding, either on or off-site, will not be permitted.

4.0 OTHER MATERIAL CONSIDERATIONS - 4.1 TOWN AND COUNTRY PLANNING ACT 1999 S18 Designation of conservation areas Section 18(4) of the Town and Country Planning Act (1999) states, "(4) Where any area is for the time being a conservation area, special attention shall be paid to the desirability of preserving or enhancing its character or appearance in the exercise, with respect to any buildings or other land in the area, of any powers under this Act". It is not considered that this proposal would conflict with that objective and as such the application will be considered in the context of the policies as set out below and within section 3 of this report. - 4.2 Planning Policy Statement 1/01 "POLICY CA/2: SPECIAL PLANNING CONSIDERATIONS

When considering proposals for the possible development of any land or buildings which fall within the conservation area, the impact of such proposals upon the special character of the area, will be a material consideration when assessing the application. Where a development is proposed for land which, although not within the boundaries of the conservation area, would affect its context or setting, or views into or out of the area; such issues should be given special consideration where the character or appearance of a conservation area may be affected".

5.0 PLANNING HISTORY - 5.1 The site has been the subject of the following previous planning applications which are considered to be materially relevant to the current application: - 5.2 PA 21/00669/B for Conversion of garage and storage room to provide ancillary living accommodation. The current scheme proposes to use this converted section of the dwelling as tourist accommodation. - 5.3 PA 08/01114/C for Additional use of dwelling as an office - approved. This allowed the use of the dwelling for use. - 5.4 PA 97/00714/B for extension to rear of dwelling - approved. - 5.5 PA 97/00009/B for alterations and extension to dwelling - approved.

6.0 REPRESENTATIONS Copies of representations received can be viewed on the Government's website. This report contains summaries only. - 6.1 Representation from the Department of Infrastructure (DOI) Highways Division confirms that they 'Do not oppose' in a letter dated 22 June 2022. - 6.2 DOI Flood Risk Management have indicated that they do not oppose subject to condition(s) (22 August 2022). They note that the property is within a tidal flood zone although formal flood defences do protect this area, but request that that any new outside doors are flood resilient. - 6.3 There has been no written representation made regarding the current planning application by the Castletown Commissioners at the time of writing this report, although they were consulted on 17 June 2022. - 6.4 No comments have been received from neighbouring properties.

7.0 ASSESSMENT - 7.1 The application seeks approval for the change of use of a residential unit to tourist accommodation. The fundamental issues to consider in the assessment and determination of this planning application are:

• i. the acceptability of the principle of the proposed change of use;
• ii. impact of the proposal on the living conditions of the immediate neighbours;
• iii. the possible impacts on the character or appearance of the Conservation area; and
• iv. the impact on Parking and Highway Safety

7.2 The principle (BP 13 & GP 2)

• 7.2.1 In assessing the acceptability of the principle of the proposed development, the key issue in this case is whether there would be any significant impact from the use of the property as a tourist unit, together with its use as permanent residential accommodation. It is often relevant in such an assessment to consider if nearby residential properties are used for such purposes and in this case, it is clear from the planning history of the area that some of the

• neighbouring properties, within Malew Street, Mill Street, Castle Street and Bank Street (which are all within close proximity to the town centre or within the town centre) have had approvals to be used as both residential accommodation and tourist use, which implies that they are suitable for such use.
• 7.2.2 It is also important to note that the dwelling is located within an area frequented by tourists with the Promenade, the beach, public houses, cafes, the marina, and Castle Rushen nearby. Like most residential properties within close proximity to the Castletown town centre, the property is within walking distance to the aforementioned facilities and places which offer a varied range of activities to support tourists. As such, the location of the premises is well suited to the additional tourist use and the principle of such development is considered acceptable.
• 7.3 Impact on Neighbouring Amenity (BP 13 & GP 2)

• 7.3.1 In terms of impact on neighbours, Business Policy 13 stipulates 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. In this case, the use 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. This is hinged on the fact that permanent residents may be at home more, and could be more likely to invite friends or family over for dinner or parties that may be noisy; a situation that may be less likely to occur for tourists as they would be out and about exploring various locations. It should also be remembered 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 with associated impacts on the neighbours.
• 7.3.2 Given the above, the use 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 and would conform to Business Policy 13 and GP 2 (g) of the Strategic Plan.

7.4 Visual Impacts

• 7.4.1 With regard to possible impacts on the character or appearance of the Conservation area, it is noted that the proposal involves no physical changes to the building and as such there would be no detrimental visual impacts from the proposal.
• 7.4.2 In addition, income generated via the tourist rentals for this property which is within the Castletown Conservation Area will ensure that there is revenue available to support the maintenance of the application dwelling so that it does not fall into a state of disrepair. For that reason, whilst the scheme would not result in any physical changes to the exterior of the building, it would ensure the continuous maintenance of the property through the income generated and as such can be considered to preserve the character and appearance of the dwelling and in turn the broader Conservation Area; complying with EP35 of the Strategic Plan and PPS 1/01.

7.5 Impacts on Highway safety and Parking

• 7.5.1 In terms of highway safety impacts, there should be no material change in the effect on highway safety and car parking with arguably a reduced impact from tourist occupancy where such may not always have a car, or require a car as the property has no access to private parking. Besides, the property is within close proximity to public transport corridors with tourists occupying the dwelling afforded easy access to public transport options to various parts of the Island. It is also considered that the Harbour Boat and car park is only about 30m away should car parking be required.

7.6 Other Matters

7.6 It has been noted from DOI Flood Risk comments that the area is within a flood risk zone with the request made that a condition be imposed requiring any new outside doors to be flood resilient. However, given that the scheme does not involve any physical alterations to the dwelling (including door installations), it is not considered appropriate that such a condition be imposed on the current scheme, as any application requiring physical alterations would still be advertised with DOI Flood risk management afforded the opportunity for comments. - 8.0 CONCLUSION

8.1 Overall, it is considered the proposal would comply with the relevant policies of the Isle Of Man Strategic Plan and as such is, therefore, recommended for approval. - 9.0 INTERESTED PERSON STATUS

9.1 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. 9.2 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 a Principal Planner 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: 09.09.2022 Determining officer Signed : J SINGLETON Jason Singleton Principal Planner

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