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Application No.: 17/00472/C Applicant: Peter Francis Nolan Proposal: Change of use of bedroom to Tattoo Studio Site Address: Flat 3 7 Royal Avenue West Onchan Isle of Man IM3 1HB Case Officer : Mr Jason Singleton Expected Decision Level: Planning Committee
THE APPLIACTION IS TO BE DETERMINED BY THE PLANNING COMMITTEE AS THE RECOMMENDATION IS CONTRARY TO THAT OF THE LOCAL AUTHORITY
1.1 The application site is the residential curtilage of (Flat 3) 7 Royal Avenue, Onchan, located on the western side of Royal Avenue (west) at the south end of the terrace. The property is a three storey terraced dwelling which backs onto a rear lane which runs to the rear of the properties fronting onto Belgravia Road. The terrace sits higher than the road with parking availability at the front of the terrace running parallel with the road to one side. THE PROPOSAL - 2.1 Proposed is a change of use of one of the bedrooms to Flat 3, the top floor flat, to allow the occupier & owner of the flat to use the room as a tattoo studio.
2.2 The applicant has commented to support his application; "I have completed the necessary work and it is ready to be used. He has been visited by environmental health (Mr Cowin) who was completely satisfied with my studio and my tattooing knowledge. However before he can issues me with a license I need to apply for planning permission. I work full time at the I.O.M Prison and this will only be a part time venture for me. I will be working alone and only working on my days off in the week, holidays and the odd evening. So it will not be busy. It will only be a small private tattoo studio seeing one customer at a time. I own my own apartment and across the road from me is a beauty salon". - 2.3 The application does not propose any external modifications or alterations or any display of advertisements.
3.1 The application site has not been the subject of any previous planning application that is considered specifically material to the assessment of this current planning application. DEVELOPMENT PLAN POLICIES - 4.1 In terms of land use designation, the site lies within an area of Residential use on the Onchan Local Plan of 2000.
4.2 In terms of strategic plan policy, the Isle of Man Strategic Plan 2007 contains one policy that is considered specifically material to the assessment of this current planning application. General Policy 2 states:
"Development which is in accordance with the land-use zoning and proposals in the appropriate Area Plan and with other policies of this Strategic Plan will normally be permitted, provided that the development:
4.3 Transport Policy 7 states in full: 'The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.' Appendix 7 of the Strategic Plan offers no standard for educational establishments, but does indicate that standards may be relaxed in town centre locations where development:
'(a) would secure the re-use of a Registered Building or a building of architectural or historic interest; or
REPRESENTATIONS
5.1 Onchan Commissioners recommend refusal to the application (24.05.17) commenting; "the proposals would introduce an undesirable use into this residential area".
5.2 The issue from a highways perspective is the impact on existing on street parking from vehicles travelling to the property. Given the small nature of the business, Highways Services would be prepared to support a temporary permission so as to monitor the situation. Therefore, should you be mindful to approve this application, please attach a suitably worded condition that limits the approval for no more than 24 months. Reason: In the interest of highway safety and maintaining parking provision for existing residents. - 5.3 A resident of Apartment 9, Belgravia Court has objected (18th May 2017) as the area is not a commercial zone and the use would be totally inappropriate and sets a precedent. Parking is already pushed to the limits with the over spill from Poker stars and Old Mutual using any available spaces during the day. There are a number of empty commercial properties in Onchan that would be better suited. - 5.4 The company that owners of No.5 Royal Avenue West (next door) objects on the ground of the increase in traffic and parking that is already congested, the increase in footfall in and out of the studio would be an invasion of privacy for tenants of their apartments, signage would be displayed. The proposed use would be considered unsuitable for the area, the fire escape is not suitable that serves flat 3. Disabled access is not provided. Other suitable locations within Onchan would be better suited. Alleges the works are retrospective and should be within a commercial area and not amongst residential properties. - 5.5 An objection has been received from No.4 Royal Avenue West (opposite) who object strongly on the grounds that the use is not suitable for the area and there remains a parking problem in the area; there are plenty of shops and business premises to rent in the area which are for commercial use.
ASSESMENT
6.1 The application seeks approval for an additional use of a bedroom of the property as a tattoo studio, the material considerations in the assessment are; (i) the impacts upon the character and
appearance of the existing dwelling as viewed within the street scene; and (ii) the impact upon the amenities (overlooking, loss of light and over bearing impact) of the neighbouring properties.
6.2 The principle of the use of the bedroom of the top floor flat as an alternative use (private tattoo studio) would not be considered to impact on the vitality or viability of the existing town centre (Douglas and Onchan are within 10-15 minutes' walk away) given the small scale of the proposal. The property would retain its principle use as a residential flat and the alteration of a bedroom to a studio would remain subservient. There are no material changes to the external appearance being proposed and no proposal for signage, which would require a separate expressed consent. - 6.3 The use of the 'studio' would be limited to the owner of the flat and it is understood the applicant can only commit their spare time and or in between work patterns to tattooing which would be on an infrequent basis as they are full time employed. Given the nature of the proposal (tattooing) the applicant would only be able to deal with only 1 client at a time. This use would be similar to a hairdressers, beauty salon, extra-curricular tuition or professional services, where one client visits the premises at a time, generally by appointment only. It must be remembered this is also an integral part of the dwellinghouse. - 6.4 The 'studio' where the work is to be undertaken is spare bedroom within the flat and has been specifically set up as a dedicated area to undertake tattooing. Environmental health have inspected the premises and commented on 16/06/17; "I can confirm that; at Mr Nolan's request, I inspected his tattoo studio, his tattooing equipment in and scrutinised the hygiene of his tattooing procedure on the 17th March this year. I was satisfied that compliance with the Acupuncture, etc, Regulations 1984 had been achieved at that time and would be happy for Mr Nolan to be registered at those premises, subject to appropriate planning consent being obtained". - 6.5 With regard to traffic and parking, Highways Services have assessed the area and advised, given the small nature of the proposal, it would be difficult to substantiate what impact there would be of an additional car once or twice a week and would it be materially different than a regular visitor to the property. The urban setting allows for clients to walk to their appointments resulting in little or no on-street impact. Highways would be prepared to accept a temporary approval to monitor the situation. - 6.6 The concerns of the commissioners, highways and neighbouring residents are noted as described in paragraphs 5.1-5.5, and have been taken into consideration with regard to whether this application would introduce an element of harm to the neighbouring amenity. It is noted that we have only received representation from two resident neighbours (no.4 Royal Avenue West and No.9 Belgravia Court) and one from the company that owns No.5. We have not received any comments from within the application building from Flat 1 or Flat 2. With this in mind, a temporary approval could allow for a trial period. - 6.7 Having considered the potential for causing any harm to the neighbouring residents, on balance, the level and scale of the proposal is not considered to have a detrimental impact on the streetscene or that of the neighbouring residents. Given the small scale nature of the business and the infrequency of use, consideration of a temporary approval for two years would allow for any impact (highways and amenity) to be assessed and allows the applicant the opportunity to assess the viability of the proposal. - 6.8 Following discussions with the Environmental health officer who license such premises, being satisfied the licensing of the premises and the person, prohibits anyone else 'working' from the property, also the actual tattooing is no noisier than noises associated with a residential dwelling. In this case it is recommended the application is approved with a condition limiting the use to two years, after such time the applicant can re-apply or if the situation and employment aspect changes, relocation to a bespoke premises.
RECOMMENDATION
7.1 Overall, it is concluded that the planning application is in accordance with aforementioned General Policies of the Isle of Man Strategic Plan 2016 and is recommended for approval with a condition. INTERESTED PERSON STATUS - 8.1 In line with Article 6(4) of the Town and Country Planning (Development Procedure)(No2) Order 2013, the following Persons are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
8.28.2 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
8.3 In accordance with Article 6(3) of the Town and Country Planning (Development Procedure)(No2) Order 2013 and paragraph 2(1) of Government Circular No. 01/13, the following persons who have made representation to the planning application are not considered to have sufficient interest in the subject matter of the application to take part in any subsequent proceedings relating to the application:
Recommendation Recommended Decision: Permitted Date of Recommendation: 16.06.2017 Conditions and Notes for Approval: C : Conditions for approval N : Notes attached to conditions
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.
Reason: The development has only been found to be acceptable on a short term basis as a trial period.
This approval relates to floorplans and supporting information received on 27th April 2017.
I confirm that this decision has been made by the Planning Committee in accordance with the authority afforded to it under the appropriate delegated authority.
Decision Made : Permitted Committee Meeting Date: 03.07.2017
Signed : Miss Corlett Presenting Officer
Further to the decision of the Committee an additional report/condition reason was required (included as supplemental paragraph to the officer report).
Signatory to delete as appropriate YES/NO See below
Application No. : 17/00472/C Applicant : Peter Francis Nolan Proposal : Change of use of bedroom to Tattoo Studio Site Address : Flat 3 7 Royal Avenue West Onchan Isle of Man IM3 1HB Presenting Officer : Miss Corlett Addendum to the Officer’s Report
The Planning Committee approved the application at its meeting of 3rd July, 2017 but directed to remove the suggested condition 1 and its replacement with a condition which restricts the use to the applicant whilst he is resident at the property.
Reason: the intensity and nature of frequency of the operation is directly related to the applicant's personal circumstances.
Reason: The development has only been found to be acceptable on a short term basis as a trial period.
This approval relates to floorplans and supporting information received on 27th April 2017.
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