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17/01012/C Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/01012/C Applicant : Melissa Menton Proposal : Change of use of existing apartment on upper floors to Hair/Beauty Salon as an extension of existing ground floor salon Site Address : 2 Bridge Street Peel Isle Of Man IM5 1NB
Case Officer : Mr Edmond Riley Photo Taken : 15.11.2017 Site Visit : 15.11.2017 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 20.11.2017 __
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 14 of the Town and Country Planning (Development Procedure) (No2) Order 2013 and to avoid the accumulation of unimplemented planning approvals.
Plans/Drawings/Information;
The development hereby approved relates to the Site Plan, the Location Plan and to the Existing and Proposed Floorplans, all four date-stamped as having been received 25th September 2017.
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Interested Person Status - Additional Persons
None. __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is 2 Bridge Street, Peel, which is a mixed use building situated on Atholl Place in Peel's commercial centre and also its Conservation Area. The building has four floors. On the ground floor is an existing beauty salon, with an associated store and bathroom
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in the basement below. On the upper two floors is a duplex, three-bedroom apartment, which has previously had approval to also be used as tourist accommodation although it is not known if this was taken up.
1.2 The current business' opening hours are as follows:
o Mondays 1:15pm to 3:45pm o Tuesdays 9am to 3pm o Wednesdays 9am to 7:30pm o Thursdays 9am to 8pm o Fridays 9am to 6pm, and o Saturdays 9am to 5pm
1.3 These do not appear to be controlled by Planning condition.
2.0 DESCRIPTION OF THE APPLICATION 2.1 The application seeks approval for the change of use of the above-basement floors, which would involve a re-organisation of the business operations and would include a new, hairdressing business. This would be located on the ground floor while the beauty salon treatment rooms would be moved to the upper floor; the floor below would provide a waiting room.
2.2 The business hours are not proposed to change.
3.0 PLANNING HISTORY 3.1 Aside from the aforementioned addition of tourist use to the duplex apartment (PA 12/00200/C), the site gained approval to be used as an event hire showroom and office in 2005, prior to which it was granted approval for other commercial uses to include a takeaway food shop and (in part) a music shop. It is therefore not immediately clear when the existing use started.
4.0 PLANNING POLICY 4.1 The site lies within an area zoned as Mixed Use in the Peel Local Plan. The Local Plan notes the following at paragraph 2.3:
"It is felt that, due to the sensitive nature and originality of the old town's fabric and its status as a Conservation Area, no fixed guidelines should be adopted as to the retail zoning."
4.2 The accompanying policy is, in part, helpful to note:
"Improved maintenance or refurbishment of the upper levels will be encouraged..."
4.3 Accordingly, the change of use proposed complies, in principle, with the land use zoning, and what remains for consideration is the detailed implications arising: these are set out in General Policy 2 and Environment Policy 35 of the Strategic Plan.
4.4 It is also important to note Housing Policy 18, however, which states that the loss of dwellings fit for habitation will not normally be supported unless accompanied by proposals for replacement housing.
5.0 REPRESENTATIONS 5.1 Highway Services of the DoI commented at length on the application, confirming that they had no objection in those comments, made on 16th October 2017. It is worth noting the salient points:
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"In terms of a highways impact, there will be some increase in numbers of clients using the salon which may lead to an increase in trips to and from the Salon. Some of these trips maybe car orientated resulting in an increase in on street parking demand.
"It is difficult to substantiate whether this is material enough change when comparing it against the existing use as a flat.
"Furthermore, the site is located in the town centre of Peel where there are good public transport links and residential properties close by where the majority of clients may come from.
"Based on the above, it is the view of Highway Services that the proposals would not be materially different to the existing use and on balance are considered acceptable.
"There are no suggested conditions."
5.2 Peel Town Commissioners offered no objection in an email on 12th October 2017.
6.0 ASSESSMENT 6.1 The addition of a hairdresser in a town centre is not objectionable. Such uses tend to operate without affecting neighbouring living conditions in terms of nearby residents through noise or other disturbance. The same is true of beauty salons. Both these uses do tend to be accompanied by the use of private vehicle use by customers, and while concern may be raised about the lack of this on site, Bridge Street is located within the centre of Peel and to object on this ground could render the building unfit for any use that had an associated parking demand. The proposed uses are not, therefore, considered unobjectionable. Approval to the application would also regularise the existing situation, which does not appear to reflect an issued planning approval.
6.2 Housing Policy 18 potentially causes some concern since, on the face of it, the application would conflict with it. However, it is considered that this policy is more intended to address the loss of housing where there is a clear shortage in a particular location. With planning approval in place for the creation of residential apartments within the town centre and also new dwellings being built on the outskirts of Peel it is not considered that a situation exists where the loss of this single unit warrants the application's refusal.
6.3 Consideration was given to the imposition of a condition limiting the business hours' operating times. These are quite normal in circumstances where there is a potential impact on neighbouring amenity. In this case, the business appears to have been operating for some time, and no enforcement complaint has been made to the Department. Moreover, the site lies within Peel's town centre (albeit on the very edge thereof), and therefore there must be some assumption made by nearby residents that some form of commercial activity is inevitable near to where they live. It is noted that there is a public house and the Peel Centenary Centre nearby, alongside hot food takeaways. These uses will have impacts on residential amenity, far more so than the existing and proposed use the subject of this application. Accordingly, and in view of the lack of objection received, it is considered that the restriction of opening hours by condition is not necessary to make the application acceptable, and would therefore not be a lawful condition in this specific instance. No such condition is recommended accordingly.
7.0 CONCLUSION 7.1 For the reasons set out above, the application is judged to comply with the relevant policies of the Development Plan.
8.0 INTERESTED PERSON STATUS 8.1 By virtue of the Town and Country Planning (Development Procedure) (No 2) Order 2013 Article 6(4), the following persons are automatically interested persons:
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(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) Highway Services Division of Department of Infrastructure, and (e) The local authority in whose district the land the subject of the application is situated.
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 in Article 6(4) 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.
Decision Made : Permitted Date : 23.11.2017 Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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