Planning Officer Report

Case Officer: Mr Jamie Leadbeater Photo Taken: Site Visit: Expected Decision Level: Officer Delegation

Officer's Report

The Application Site

1. The application site is the building known as 1 Granville Street, Douglas. The building on the application site was built before 1921 and in Victorian style. The building has a basement, a ground floor, a first and second floor and further floor space in the roof.
2. The building has a pitched slate roof with walls that have a rendered finish and are painted in dark cream colour. It has a distinctive hung bay window on the first floor, and six other sliding-sash windows on its front elevation, with a further two top-opening casement windows at basement level.

The Proposal

1. The application seeks a Certificate of Lawful Use, for the use of the building on the application site as a clinic and beauty salon.

Planning History

1. The application site has been the subject of a number of previous planning applications, two of which are considered specifically material to the assessment of this current planning application:

App. No. 87/00153/C - Change of use of premises from living accommodation to taxi booking office – Approved.

App. No. 85/01298/A - Approval in principle to convert premises into a residential retirement home – Refused.

Planning Policy

1. The application site was designated for Predominantly Shopping Use in the Douglas (Central Area) Local Plan 1988 and is currently designated for the same use in the Douglas (Central Area) Local Plan 1998, which supersedes the 1988 plan.

Representations

1. Douglas Borough Council does not object to the proposal.

Application No.:	11/01784/LAW
Applicant:	Dr Tracie Hepworth
Proposal:	Application for a Certificate of Lawful Use for the use of property as a clinic and beauty salon
Site Address:	1 Granville Street Douglas Isle Of Man IM1 2ES

Assessment

1. The assessment of an application for a Certificate of Lawful Use requires an examination of the available information in order to determine whether there is either sufficient or insufficient evidence that, on the balance of reasonableness, the use has existed for more than ten years. Under Schedule 4 Part 1 Paragraph 3 (c) of the Town and Country Planning Act 1999, no enforcement notice may be issued in respect of any other breach of planning control, after the end of the period of ten years beginning with the date of the breach.

1. In terms of evidence submitted by the applicant, the application is accompanied by a number of different pieces of evidence that the applicant considers to prove that at least one floor within the building on the application site has been used as a beauty-related shop for more than 10 years. The submitted evidence comprises of the following:

• A copy of an advertisement by Deanwood Estate Agents, Surveyors & Valuers for the sale of 1 Granville Street, Douglas, dated 30th December 2011.
• A copy of a Certificate of Registration with the Department of Local Government and the Environment for 'body piercing' at Fifth Avenue Beauty Salon, 1 Granville Street, Douglas, dated 12th September 1994.
• 8 no. copies of different advertising leaflets and pricing lists for Fifth Avenue Clinic, 1 Granville Street, Douglas. No date of publish is specified on any of these leaflets or pricing lists.
• 1 no. Invoice for electrical repairs completed on 1 November 2006 from Sparks of Man addressed to the applicant at 1 Granville Street, Douglas, dated 11 January 2008.
• 1 no. Invoice for building inspection works from Sparks of Man addressed to the applicant dated 18 March 2008.

1. The Planning Authority's evidence has been obtained by initially carrying out a planning history search of the site. The oldest record showed that application 85/01298/A was refused in 1985 for the principle change-of-use from a Guest House into a Residential Retirement Home along with adjacent property 3 Granville Street. In 1987, planning approval was granted for the change-of-use of the application property from residential accommodation to a Taxi Booking Office. Further enquiries by the Planning Authority with the Companies Registry Office confirmed that the applicant's company has been registered at the property on the application site from the 26th July 1996 to 29th June 2011. Prior to that date, another beauty-related business was registered at the property from 12th September 1994 to the 16th July 1996.

1. Douglas Borough Council submitted the only representation made in respect of the application, not objecting to the application property being used for beauty-related uses. As the representation response does not provide any additional evidence to either support or disprove the proposed use, it cannot carry any weight in determining this application and therefore must be determined upon evidence supplied by the applicant and obtained by the Planning Authority.

1. Whilst the applicant's evidence is inconclusive, the evidence obtained by the Planning Authority is considered to be more substantial and informative to support the notion that the property on the application site has been occupied continuously for beauty-related uses in excess of ten years until 29th June 2011. The application property is currently believed to have been vacant since that date, but is not considered to have an impact on determining this application, as insufficient time has passed between that date and the present, to substantiate claims for another use.

Recommendation

1. It is recommended that the Certificate of Lawful Use is to be granted.

1. As there is no right-of-appeal against a Certificate of Lawful Use there is no assessment of 'interested party statuses'.

Recommended Decision: Permitted Date of Recommendation: 06.02.2012

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Conditions and Notes for Approval / Reasons and Notes for Refusal

C: Conditions for approval N: Notes attached to conditions R: Reasons for refusal O: Notes attached to refusals

C 1.

The submitted application reference, PA 11/01784/LAW, contains evidence sufficient to demonstrates that:

• (a) the property known as 1 Granville Street, Douglas and its immediate curtilage (as defined in the plan attached hereto) have been used as a clinic and beauty salon and associated office use for a period of time in excess of ten years prior to 30th December 2011.

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I confirm that this decision accords with the appropriate Government Circular delegating functions to Director of Planning and Building Control / Development Control Manager/ Senior Planning Officer.

Decision Made: Permitted Date: 1 February 2012

Determining officer (delete as appropriate)

Signed: _________________________ Anthony Holmes Senior Planning Officer

Signed: _________________________ Michael Gallagher Director of Planning and Building Control

Signed: _________________________ Sarah Corlett Senior Planning Officer

Signed: _________________________ Jennifer Chance Development Control Manager