23 June 2016 · Planning Committee
The Warehouse, Braaid Road, St Marks, Ballasalla, Isle Of Man, IM9 3ar
The proposal sought permission for the change of use of two conjoined industrial-style sheeted buildings and gravel hardstanding from approved storage to a dog day-care and grooming business, which had already commenced with 15-18 dogs daily dropped off mornings and collected evenings.
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The officer assessed that the site's access has 'woefully and dangerously inadequate' visibility in both directions, virtually nil without encroaching on the highway, requiring drivers to listen for t…
Strategic Policy 1
Urges best use of previously-developed land, redundant buildings. Officer noted no evidence building marketed as redundant for approved storage; modern portal frame not eligible for conversion without social/historical/architectural interest.
Strategic Policy 2 - Priority for new development to identified towns and villages
Requires development primarily in towns/villages/settlements. Site in undesignated 'not for any particular purpose' land presumes against development.
Strategic Policy 10
Requires minimising private car journeys, no adverse highway safety impact. Failed due to intensified traffic via substandard access on busy road.
General Policy 3
Permits redevelopment of redundant previously-developed land in undesignated areas if reducing landscape impact and improving environment; excludes agricultural/forestry buildings. Failed as current storage use not proven redundant, no environmental benefits, and new dog care unlikely approvable.
Environment Policy 11
Provides for conversion of redundant buildings of interest. Modern buildings ineligible lacking social/historical/architectural merit.
General Policy 2
Highway safety test (h). Cited by Highways objection as failed due to substandard visibility.
Santon Commissioners raised multiple concerns including highway safety, sewage capacity, waste disposal, and noise; Highways Division opposed the application; a newspaper expressed interest in decision notices but provided no substantive comment.
Key concern: seriously hazardous position on a corner with consequent danger to customers' and staff vehicles entering and exiting
Santon Commissioners
ObjectionThe Commissioners have some concerns over this application as follows; It would be comforting to be reassured that... the increased usage... can be accommodated by the existing sewage treatment equipment; the Commissioners would like to be assured that disposal will be accomplished in a safe and appropriate manner; There is every possibility of noise being created by dogs barking and the Commissioners have a duty to mention this
Department of Infrastructure (DOI) Highways Division
ObjectionOppose; Highways input deferred pending further information/input
Isle of Man Newspapers
No CommentPlease can you include us as having expressed an interest so we receive decision notices for the following plans
The original application for retrospective change of use was refused by the Planning Committee on 20 June 2016 primarily due to dangerously inadequate access contrary to Strategic Policy 10 and potential noise nuisance to Tanyard House. The appellant argued the rural location minimised impacts, proposed road signs for safety, and claimed noise was controlled with dogs never left to bark. Highway Services and neighbours strongly objected citing substandard visibility splays, peak-hour traffic increases, collision history, and incessant barking. Inspector Ruth V MacKenzie conducted a site visit on 5 September 2016, found the access posed unacceptable highway safety risks and barking caused unacceptably adverse living conditions at Tanyard House despite mitigation efforts, recommending dismissal. The Minister upheld the refusal on 29 September 2016.
Precedent Value
Dismissal reinforces strict application of highway safety standards (visibility splays, peak traffic) outweighing business success in rural/undesignated areas. Future applicants must provide traffic data, access solutions under applicant control, and avoid retrospective applications without prior policy checks.
Inspector: Ruth V MacKenzie BA(Hons) MRTPI
