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16/00276/C
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PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 16/00276/C Applicant : Beverley Jayne Clegg Proposal : Change of use from former dog grooming premises to a facility for the preparation and storage of cold pressed vegetable and fruit juices Site Address : The Store The Promenade Laxey Isle Of Man IM4 7DD
Case Officer : Mr Chris Balmer Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Officer’s Report
1.0 THE SITE 1.1 The application site is the curtilage of The Store, The Promenade, Laxey which is a single storey detached property which is to the north-western side of The Promenade within Laxey. The property partially used as public toilets and also as a dog groomer business, which has now ceased.
2.0 THE PROPOSAL 2.1 The application seeks approval for the change of use from former dog grooming premises to a facility for the preparation and storage of cold pressed vegetable and fruit juices. The business would operate from 0800hrs till 1700hrs Monday to Friday. There would be a weekly delivery of produce. The business focuses on home and corporate deliveries. There is no off street parking associated with the site and relies totally on the on-street parking along The Promenade.
3.0 PLANNING HISTORY 3.1 There have been a number of applications associated with this site; however, only the following previous application is considered to be specifically material in the assessment of the current application:
3.2 Change of use of storage hut to provide a dog grooming business - 05/00297/C - APPROVED
4.0 DEVELOPMENT PLAN POLICIES 4.1 The application site is within an area zoned as "Predominately Residential Use" as identified on the Laxey and Lonan Local Plan Order 2005. The site is within a Conservation Area.
4.2 Given the nature of the application it is appropriate to consider the following policies of the Isle of Man Strategic Plan (20th June 2007):
4.3 Environment Policy 22 states: "Development will not be permitted where it would unacceptably harm the environment and/or the amenity of nearby properties in terms of: i) pollution of sea, surface water or groundwater; ii) emissions of airborne pollutants; and iii) vibration, odour, noise or light pollution."
4.4 Business Policy 1 states: "The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan."
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16/00276/C
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5.0 CONSULTATIONS 5.1 Laxey Commissioners have recommended an approval (received on 04.04.2016).
5.2 DOI Highway Services have raise no objection (received on 15.03.2016).
6.0 ASSESSMENT 6.1 The site is within an area designated as predominately residential use; albeit none of the current or previous uses of the building have been residential. As the proposed use does not fall within this land use designation General Policy 2 cannot be taken into account; however, a number of points within this policy are relevant to consider, namely the potential impact of nearby residential amenities and/or traffic generate by the proposal and the potential parking provision in the area/highway safety matters.
6.2 As indicated previously the site was granted approval for a dog grooming business just over ten years ago. This application raise a number of objections from local residents relating to insufficient car parking, and the belief that use would have been incompatible with the surrounding area. It is perhaps important to note no objections have been received to this proposal.
6.3 The business is not proposed to attract visitors to the site, only a weekly delivery of produce. The applicants will then delivery the prepared food to homes and business throughout the Island. Given the size of the building (32sqm) it is unlikely to result in significantly more staff members than what the business employs (2), nor expand to a size where a significant amount of deliveries would occur. A condition on the hours of operation as stated should be attached to any approval. Accordingly, it is not considered the level of coming and goings associated with the business would adversely affect the amenities of neighbouring residential.
6.4 The business does not include any commercial cooking or need a commercial extract system. The business essential deals with the preparation and storage of cold pressed vegetables and fruit only. Accordingly, given this and as the site is located a distance from neighbouring residential properties, it is not considered the proposal would have any adverse impact upon neighbouring amenities.
6.5 Visiting the area on a number of occasions and observing the amount of available on street parking along the Promenade, especially during Monday to Fridays and during the hours the business would operate; the photographs submitted by the applicants of the available on-street parking; the relatively low level of potential traffic generated by the development; and as no objection has been received from Highway Services; it is consider the proposal would not have an adverse impact upon on street parking in the area nor have an adverse highway safety concerns.
7.0 RECOMMENDATION 7.1 In conclusion, for the reasons given the proposal would comply with the relevant planning policies and therefore recommended that the application be approved subject to conditions.
8.0 PARTY STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 as modified by the Transfer of Planning and Building Control Functions Order 2015, the following persons are automatically interested persons: (a) The applicant, or if there is one, the applicant's agent; (b) The owner and the occupier of any land that is the subject of the application or any other person in whose interest the land becomes vested; (c) Any Government Department that has made written submissions relating to planning considerations with respect to the application that the Department considers material; (d) The Highways Division of the Department; and (e) The local authority in whose district the land the subject of the application is situated.
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16/00276/C
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With effect from 1 June 2015, the Transfer of Planning & Building Control Functions Order 2015 amends the Town and Country Planning Act 1999 to give effect to the meaning of the word 'Department' to be the Department of Environment, Food and Agriculture unless otherwise directed by that Order.
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 14.04.2016
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 development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Reason: To comply with article 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
C 2. The use shall operate only between the hours of 0800hrs and 17:00hrs Monday to Friday.
Reason: to accord with the application details on which the application has been considered.
-- This approval relates to drawings reference numbers Location Plan, Site Plan, Floor Plans and Photographs all received on 7th March 2016
I can confirm that this decision has been made by the Interim Director of Planning and Building Control in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation.
Decision Made : Permitted Date : 14.04.2016
Determining officer
Signed : J CHANCE
Jennifer Chance
Interim Director of Planning and Building Control
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