98039

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                                      23/01086/C                                     Page  1  of  5

PLANNING OFFICER REPORT AND RECOMMENDATION

Application No. : 23/01086/C Applicant : Mrs Sharon Killip Proposal : Change of use of an existing ground floor storeroom to a dog grooming facility Site Address : Little Ballakewin Foxdale Road Ballasalla Isle Of Man IM9 3ET

Planning Officer: Mrs Vanessa Porter Photo Taken : 31.10.2023 Site Visit : 31.10.2023 Expected Decision Level : Officer Delegation

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 07.11.2023 __

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.

C 2. Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the building hereby approved shall be used only for the purpose hereby approved (the grooming of pets where no element of kennelling is provided) and shall not be used for any other purpose within Use Class 1.1 without the express grant of planning approval from the Department

Reason: To enable the Department to consider the implications of any subsequent change of use and impact to the amenity of the area.

C 3. For the avoidance of doubt, should the building cease to be used for the business use hereby approved, as specified in Condition 2 of the approval, the building may only be used for purposes incidental to the enjoyment on the main dwelling house at Little Ballakewin.

Reason: To enable the Department to consider the implication of any subsequent change of use against the amenity of the area.

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C 4. The use hereby approved shall only be for the benefit of Mrs Sharon Killip while they are resident at Little Ballakewin, Foxdale Road, Ballasalla and no staff may be employed and/or work at the premises.

Reason: Although the specific details of this application have been found acceptable, any change to its operation will require fresh assessment.

This application has been recommended for approval for the following reason. Overall, it is considered that the proposal would meet the aims of the policy while not having an adverse impact upon private or public amenities, or upon the countryside setting, especially as no physical works are required to be undertaken. Overall, it is considered the proposal would comply with Business Policy 1, Environment Policy 16, and Transport Policy 7 of the Strategic Plan.

Plans/Drawings/Information;

This decision relates to the following plans and drawings, date stamped received on 13th September 2023; o Drawing No. GROOM/001 o Drawing No. GROOM/002 o Drawing No. GROOM/003 o Drawing No. GROOM/IM/001 o Drawing No. GROOM/IM/002

This proposal also relates to an email received by the applicants dated 6th November 2023. __

Interested Person Status - Additional Persons

None __

Officer’s Report

THE APPLICATION SITE

1.1 The application site is within the curtilage of Little Ballakewin, Foxdale Road, Ballasalla which is a two storey dwelling with attached stone storerooms with accommodation above situated to the West of Foxdale Road.

1.2 The property is accessed directly of the main road by stone entrance gates, with a large amount of the front of the property and side of the property is laid to gravel, with there being parking spaces for several cars.

THE PROPOSAL

2.1 The current planning application seeks approval for the change of use of the store room as a dog grooming facility.

2.2 There are proposed no external alterations to the store room.

2.3 Further information was sought with regards to opening and closing times and when the applicants envisage that they will be operating, of which they have stated, "It's my intention that the grooming salon will be in use probably 3 times per week. The exact opening days and times will vary and will need some flexibility, depending on my client's availability given my

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domestic/ family commitments. However, I expect that I would not open before 9.30am and would close before 6pm."

PLANNING HISTORY

3.1 There are previous applications upon the property and the barn, of which the first floor of the barn to residential was approved under PA97/01983/B and the additional use of tourist was added under PA14/00802/C.

PLANNING POLICY

4.1 The site lies within an area zoned as ""Not for Development" on the Area Plan for the South. The property is not within a Conservation Area or a Flood Risk Zone.

4.2 In terms of the Strategic Plan (2016) the following Strategic Policies are the most relevant.

• Business Policy 1 which sets out that the growth of employment opportunities throughout the Island will be encouraged.
• Environment Policy 16 which seeks that small scale industrial/ commercial is acceptable from rural buildings if it meets the acceptance criteria.

4.3 The following Strategic Policies are also relevant;

• Strategic Policy 1 which seeks that development make the best use of resources
• General Policy 2 which sets out general 'Development Control' considerations which are arguably relevant even where a proposal is not in accordance with the land-use designation, the wider impact (the amenity of local residents or the character of the locality) and parking/access/highway safety.
• General Policy 3 indicates development will not be permitted outside of those areas which are zoned for development on the appropriate Area Plan other than a number of stated exceptions, which do not include the extension of existing dwellings.
• Environment Policy 1 which seeks that the countryside and it's ecology is protected for its own sake.
• Community Policy 2 sets out that new community facilities should be located to serve the local population and be accessible to non-car users, and should where possible re-use existing vacant or underused buildings.
• Transport Policy 7 in connection with Appendix 7.6 which sets out the requirement for parking standards.

REPRESENTATIONS

5.1 The following representations can be found in full online, below is a short summery;

5.2 Highway Services have considered the proposal 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, due to the small size of the operation/room, off-street parking available for customers and using an existing access that has no observed safety issues that have occurred i.e. accidents." (22.09.23)

5.3 Malew Parish Commissioners have considered the application and state "No Objection." (04.10.23)

ASSESSMENT

6.1 The main issues to consider in the assessment of this planning application are:

• principle / compliance with Ep 16
• neighbouring amenity
• other matters

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6.2 PRINCIPLE / COMPLIANCE WITH EP 16

6.2.1 When considering this matter it is important to acknowledge that permission has been approved and refused for the operation of businesses (i.e. beauty treatments, hairdressers & tutoring) from residential properties throughout the Island. In fact the Permitted Development Order permits a number of business operations to be run from a dwelling, these including child minding (up to 6 children), Bed and Breakfast (up to 3 bedrooms) and an occupant of a dwelling can operate any business from home (no visitors/staff allowed) via a home office within the property. Accordingly, whilst the proposed use does not comply with the land use designation; this is not an automatic reason to refusal the application. Other material considerations as listed in paragraph 6.1 of this report need to be considered.

6.2.2 A further issue in terms of the principle is the impact on the nearby town centre. It is generally presumed that new commercial uses will be directed towards existing commercial areas. However, the impact of a single employee operating in this location is unlikely to draw materially harmful levels of trade away from the town centre.

6.2.3 Turning towards whether the proposal would be in compliance with Environment Policy 15, it is considered that whilst the use is not additional, the store room is one room within a block and relatively small and as such redundancy of the existing store room does not need to be demonstrated. The works would also result in the preservation of the existing building as there would be no external alterations or extensions to the store room, and any revenue generated form the business to serve to facilitate the repair and maintenance of the building where and when required. More so, the proposal would not involve redevelopment to accommodate the new use. As such it is considered that the requirements of Environment Policy 16 are met in this case, where an existing rural building is used for new purposes.

6.3 NEIGHBOURING AMENITY

6.3.1 Turning towards whether the proposal would have an impact upon neighbouring amenity. The site itself is relatively rural with the nearest detached neighbouring property being situated across the road to the South of the site and the closest attached being situated above the store room. As the case with proposals such as this, there would be some noise associated with the proposed use, whilst that is the case, the proposal is situated close to the Foxdale Road, which is a very busy road and as such it would have a certain amount of noise associated with it. Ultimately, as the applicant proposes to be cutting one dog at a time, the overall noise should be minimal and such any impact would be acceptable.

6.3.3 With regards to parking, the site has space for several cars within its courtyard, which means that there would be enough space for a customer to drop of their dog and to collect their dog, without it impeding on the main Foxdale Road.

6.4 OTHER MATTERS

6.4.1 With regards to whether the proposal would undermine safety or the character of the area. The site itself is rural in its appearance and whilst the proposal might be increasing the overall traffic to the area, the behaviour would be the same as if it was a visitor to the property. As such there is little concern or evidence that such activity would dramatically change the safety or character of the area.

CONCLUSION

7.1 The proposal is considered to comply with General Policy 2, Business Policy 10 and Transport Policy 7 of the Strategic Plan. Therefore, it is recommended for approval.

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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 : 08.11.2023

Determining officer Signed : S BUTLER

Stephen Butler

Head of Development Management

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.