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17/00938/C Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATIONS
Application No. : 17/00938/C Applicant : Megan Coulthurst Proposal : Change of use from retail (class 1) to pet groomers and retail (class 1) Site Address : Shop 12 Church Road Port Erin Isle of Man IM9 6AQ
Case Officer : Miss Lucy Kinrade Photo Taken :
Site Visit :
Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 26.10.2017 __
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.
C 2. The use hereby approved shall not be undertaken outside the following times:
0830 and 1900 hours on weekdays and 0900 and 1700 hours on Saturdays.
The use shall not be undertaken at any time on Sundays.
Reason: These hours are in accordance to those stated by the applicant and in order to maintain the amenities of the area.
Plans/Drawings/Information:
This approval relates to site plan, floor plan and photographs submitted with the application 1st September 2017.
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Interested Person Status - Additional Persons
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17/00938/C Page 2 of 4
NONE __
Officer’s Report
THE APPLICATION SITE 1.1 The application site is 12 Church Road, Port Erin an existing is a three storey terraced property situated on the southern side of the highway. The building has an existing retail unit at ground floor with a glazed shop frontage facing onto the pedestrian footpath, on street parking area and beyond to St Catherine’s Church.
1.2 The existing unit was previously occupied by a betting office (Class 2)
THE PROPOSAL
2.1 The current application proposes the change of use of the unit to a pet groomers and retail unit.
2.2 Proposed operating hours are Mon-Fri 0830 - 1800 hours with one day per week having late opening until 1900 hours. Saturdays 0900 - 1700 hours.
2.3 The grooming business is to operate on an appointment only basis.
2.4 No external alterations are proposed.
PLANNING HISTORY 3.1 There have been two previous planning applications for the site considered relevant in the case of this application:
PLANNING POLICY 4.1 In terms of local plan policy, the application site lies within an area designated as 'Mixed Use' on the Area Plan for the South 2013 and also within the "Proposed Port Erin Conservation Area".
4.2 Given the nature of the application it is appropriate to consider the relevant parts of General Policy 2, Environment Policy 22 and Environment Policy 35 of the Isle of Man Strategic Plan 2016.
REPRESENTATIONS 5.1 Department of Infrastructure Highway Services indicate that there is no highway interest in the application (19/09/17).
5.2 Port Erin Commissioners stated that they were in support of the application on 10/10/2017.
ASSESSMENT 6.1 The proposed use is somewhat sui generis comprising both retail and dog grooming in one. While there are no acknowledged policies or use classes for dog grooming the siting here within an existing unit located in a town centre and in an area recognized as being mixed use is considered acceptable.
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17/00938/C Page 3 of 4
6.2 No off road parking is provided however the existing unit and surrounding residential units are serviced by display on street parking and are within walking distance of public transport routes and public car parks.
6.3 No alterations are proposed to the external elevations as such the appearance of the proposed conservation area remains undisturbed.
6.4 The fundamental issues to consider for the application are whether or not the proposed dog grooming use would have an adverse noise impact on the amenities of the neighbours.
6.5 Proposed hours of use are Mon-Fri 0830 and 1800 hours with one of those day proposing to have a closing time of 1900 hours. On Saturdays the use will be 0900 - 1700 hours.
6.6 The general grooming of dogs is expected to include hair drying and washing implements that are likely to produce noise levels similar to that of a hairdressing salon. The handling of dogs may also generate barking. The proposed hours of opening upto and including 1900 hours is not considered to be unreasonable or at unsociable times to warrant a significant noise impact on the neighbours to warrant a refusal.
6.7 Grooming and cleaning of dogs may require the discharge of effluent in to the mains sewer. Included within the application is correspondence between the applicant and Manx Utilities regarding disposal of effluent in to the mains sewer. While no official certificate has been included it appears that the applicant has sought approval for this, although not a material planning consideration in the assessment of this particular applicant.
CONCLUSION 7.1 The application and the proposed use is considered acceptable. While the applicant has not advised which specific day they would have the 1900 hours closing time, it would not be unreasonable to have the operating hours conditioned as Mon- Fri 0830 - 1900 hours and Saturdays 0900 - 1700 hours.
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: (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 : 15.11.2017
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17/00938/C Page 4 of 4
Determining officer
Signed : S BUTLER
Stephen Butler
Head of Development Management
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