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PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 18/01214/C Applicant : Caroline Etherington Therapies Proposal : Additional use of residential property as a therapy treatment business Site Address : 38 Ballanawin Strang Douglas Isle of Man IM4 4NT

Senior Planning Officer: Mr Thomas O'Connor Photo Taken :

Site Visit : 30.01.2019 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 13.02.2019 __

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. No clients of the beauty therapy business hereby approved shall remain on the application site outside of the following hours 0830hrs to 2000hrs Mondays, Tuesdays, Wednesdays, Thursday, Fridays and 0830 to 1400 hours on Saturdays.

Reason: To ensure that the development is undertaken in accordance with the application details and in the interest of protecting neighbouring living conditions.

C 3. The beauty therapy use hereby approved shall only be for the benefit of Mrs Caroline Etherington while she is resident at 38 Ballanawin, Strang, Braddan as defined in the application and no staff may be employed and/or work at the premises.

Reason: Although the specific details of this application and the visual appearance of the building have all been found acceptable, any change to its use will require fresh assessment.

C 4. The driveway shall be available for the parking of vehicles associated with the dwelling and the beauty therapy business, and shall remain free from obstruction at all times.

Reason: In the interest of highway safety.

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Plans/Drawings/Information:

This approval relates to the Site Location Plan; unnumbered Ground Floor and First Floor Plan; Application Form & Photographs) date stamped and received on 20th November 2018

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Interested Person Status - Additional Persons

None __

Officer’s Report

THE APPLICATION IS BEFORE THE PLANNING COMMITTEE AS THE PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT RECOMMENDED FOR APPROVAL

1.0 THE SITE 1.1The site consists of a modern two storey semi-detached dwelling with front and rear curtilages, a detached garage set back on the side and room for single line parking for up to three vehicles to the side. Location is within an estate of similar dwellings with the dwelling sharing a broad access with No.36 onto the highway sufficient to accommodate two cars in width. The character of the area is primarily residential located within Braddan Parish.

2.0 THE PROPOSAL 2.1 No external alterations are proposed in what will consist of a change of use of part of the dwelling, namely a therapy treatment business. In this respect, the upper front bedroom would be utilized as a therapy room with access from the main front entrance. The remainder of the house, including the two main bedrooms would remain in residential use.

2.2 The applicant indicates that she will be the sole operator of this business envisaging 2 - 3 clients per day with hours of work limited to 20.00 hrs Monday to Saturday and no work being undertaken on Sundays.

3.0 PLANNING POLICY 3.1. The Braddan Parish District Plan, adopted July 1991, seeks in Policies 2.1 to 2-3 to retain significant retail development only within towns and villages but recognises that demand may be present for the development and placing of some retail in residential areas to serve local neighbourhood needs. However, the area surrounding the site is wholly residential in its character and zoned as such in chapter 5 of the Braddan Parish District Plan and the introduction of a commercial/retail use of the sort proposed would technically contrary to Policy and therefore require referral to Committee for a decision

3.2 General Policy 2 of the Isle of Man Strategic Plan 2016 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: (a) is in accordance with the design brief in the Area Plan where there is such a brief; (b) respects the site and surroundings in terms of the siting, layout, scale, form, design and landscaping of buildings and the spaces around them; (c) does not affect adversely the character of the surrounding landscape or townscape; (d) does not adversely affect the protected wildlife or locally important habitats on the site or adjacent land, including water courses; (e) does not affect adversely public views of the sea; (f) incorporates where possible existing topography and landscape features, particularly trees and sod banks;

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(g) does not affect adversely the amenity of local residents or the character of the locality; (h) provides satisfactory amenity standards in itself, including where appropriate safe and convenient access for all highway users, together with adequate parking, servicing and manoeuvring space; (i) does not have an unacceptable effect on road safety or traffic flows on the local highways; (j) can be provided with all necessary services; (k) does not prejudice the use or development of adjoining land in accordance with the appropriate Area Plan; (l) is not on contaminated land or subject to unreasonable risk of erosion or flooding; (m) takes account of community and personal safety and security in the design of buildings and the spaces around them; and (n) is designed having due regard to best practice in reducing energy consumption."

3.3 Strategic Policy 9 states: "All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) and all new office development (excepting corporate headquarters suitable for a business park (1) location) must be sited within the town and village centres on land zoned for these purposes in Area Plans, whilst taking into consideration Business Policies 7 and 8."

3.4 Transport Policy 4 states: "The new and existing highways which serve any new development must be designed so as to be capable of accommodating the vehicle and pedestrian journeys generated by that development in a safe and appropriate manner, and in accordance with the environmental objectives of this plan."

4.0 PLANNING HISTORY 4.1 None recorded

5.0 REPRESENTATIONS 5.1 Braddan Parish Commissioners: No objections raised (29/11/2018)

5.2 Neighbours and local residents: No observations have been received.

5.3 Highways: No objection subject to conditions that control the hours and extent of the business as described, namely o The business would operate 5 days a week excluding Sundays and a weekday; o The intention to have 2 - 3 clients visiting the site per day up to 20.00hours; o There would be only one client at a time with a minimum of 45 minutes between clients; o The applicant shall be the sole employee o The proposal would not change the existing site access and parking arrangements.

6.0 ASSESSMENT 6.1 The use of the site as proposed would in many respects be minor in terms of its scale of operation and provided the level of operation remains as stated would be unlikely to have any discernible impact upon the residential amenity of local resident in this cul de sac. No concerns have been raised by local residents.

6.2 When considering this matter it is important to acknowledge that across the Island permissions has been approved and refused for the operation of businesses (i.e. beauty treatments, hairdressers & tutoring) from a residential property, throughout the IOM. In fact the Department's Permitted Development Order permits a number of business operations to be run from a dwelling, these including child minding (up to 6 children), Bed and Breakfast (up to 3 bedrooms) and an occupant of a dwelling can operate any business from home (no visitors/staff allowed) via a home office within the property. Accordingly, whilst the proposed

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use does not comply with the land use designation; this is not an automatic reason to refusal the application in this case.

6.3 However introduction of a business use, no matter how minor, into a predominantly residential is a departure from the 1991 Braddan Parish District Plan.

6.4 The parking standards in 'The Isle of Man Strategic Plan 2016' require 2 car parking spaces for a dwelling. Additional site parking is also required for the proposed business development. Based on the information provided, the site has three tandem parking spaces off road able to accommodate three large cars and Highway Services state in their response dated 19/01/19, that they would not oppose the application subject to conditions being imposed to control the operation of the business as described in the application

7.0 THE PRINCIPLE OF OPERATING A BUSINESS FROM THE SITE 7.1 The main considerations when determining the application for a business of this type are the principle of operating a business from the site; the potential impacts upon neighbouring amenities; the potential impact upon on-street parking in the area and potential visual impact.

7.2 A further issue in terms of the principle is the impacts on the nearby town and village centres. It is generally presumed that new commercial uses will be directed towards existing commercial areas. However, the impact of a single employee operating in this location is unlikely to draw materially harmful levels of trade away from the town centre. Moreover, such small businesses could enable the growth of a business that would eventually achieve a sufficient turnover as to encourage its moving into larger, more attractive and more appropriate commercial premises in that town centre in due course.

8.0 THE POTENTIAL IMPACTS UPON NEIGHBOURING AMENITIES 8.1 As already indicated, the location of nearby properties can heighten the impacts of people coming and going from a property. For instance in a quiet residential cul-de-sac having the potential of 3 persons visiting over the course of a day, can have some impact to residential amenities on neighbouring properties along Ballanawin. However, given the low level of operation proposed it is not considered the impact would be so significant to warrant a refusal of this application.

8.2 Highway Services have indicated their preference for the business to be operated over a five day week period and suggested that the business does not operate at all during the week- ends but have offered to viable justification for this. The applicant has indicated in their submission that, because of the working arrangements of some of her customers, they would request that they be able to operate the business until 1400 hours on Saturdays with no business activities taking place from this time on Saturday to opening of business again on Monday mornings.

8.3 Overall, whilst the beauty therapy business will result in some level of increase in respect of the level of persons coming and going from the site and have some marginal potential to increase disturbance, it is not considered that such impacts are sufficient to warrant a refusal. Even with the business activities extended to 1400 hours on Saturdays, the physical development proposed is not considered to have a significant impact to warrant a refusal. Accordingly, the proposal would comply with General Policy 2 of the Isle of Man Strategic Plan 2016.

9.0 THE POTENTIAL IMPACT UPON ON-STREET PARKING IN THE AREA 9.1 The applicant has advised that they can accommodate three parked vehicles on their existing driveway comfortably and photographs included in the submission do demonstrate this. Highway Services comment that each parking bay should be at least 2.5m x 5.5m in size with a 0.9m wide path from the public highway to the dwelling front door and the proposed business unit. This would result in an overall driveway width requirement of 8.4m. This being

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the case the existing driveway appears to comply with this being approximately 8.5m in width. Accordingly, the Department is satisfied that the site can accommodate three vehicles comfortable within the site and provide a 0.9 wide path as requested by Highway Services.

9.2 The applicant indicates that planning conditions restricting the hours and days of operation are acceptable, and provided that they include operation on Saturdays up to 1400 hours to match that listed in the body of the application. Whilst condition requiring all persons needing to make an appointment before visiting is desirable and that only one person can be seen at any one time (unless more people arrive in a single car), it is unlikely that such conditions would be enforceable and as such, given that only one person, the applicant whilst she is resident at the property could reasonably attend to one client at a time, such conditions are not considered necessary.

9.3 It is also considered relevant that a personal condition be attached, which restricts the use of the building to the applicant only and only they can operate from the building. Should the use of the building as proposed cease, this part of the building shall be used in association with the main dwelling house.

10.0 POTENTIAL VISUAL IMPACT 10.1 Located wholly within the interior of the building the business would not be observable from outside of the house and the use can be conditioned to be carried out from the single room as indicated in the submitted drawing. As such, it is not considered that this proposal would undermine the character of the street-scene.

11.0 RECOMMENDATION 11.1 Overall, though the proposal would technically be a departure from the Braddan Parish District Plan 1991, and the Isle of Man Strategic Plan 2016 this operation, controlled by suitable conditions, would serve a therapeutic need within the locality and have no discernible impact upon the amenities of the surrounding area. As such, the application is recommended for approval subject to the conditions listed.

12.0 INTERESTED PERSON STATUS 12.1 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.

12.2 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.

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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: 04.03.2019

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Signed : T O’Connor Presenting Officer

Further to the decision of the Committee an additional report & amended condition were required

YES/NO See below

PLANNING COMMITTEE DECISION 04.03.2019

Application No. :

18/01214/C Applicant : Caroline Etherington Therapies Proposal : Additional use of residential property as a therapy treatment business Site Address : 38 Ballanawin Strang Douglas Isle of Man IM4 4NT

Senior Planning Officer : Mr Thomas O'Connor Presenting Officer As above

Addendum to the Officer’s Report

Committee at its meeting on 04/03/2019 required that condition 2 be amended to read:

No clients of the beauty therapy business hereby approved shall remain on the application site outside of the following hours 0830hrs to 2000hrs Mondays, Tuesdays, Wednesdays, Thursday, Fridays and 0830 to 1400 hours on Saturdays. There shall be a 15 minimum gap between individual customers attending appointments on the site.

Reason: To ensure that the development is undertaken in accordance with the application details and in the interest of protecting neighbouring living conditions.

Conditions of Approval

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.

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C 2. No clients of the beauty therapy business hereby approved shall remain on the application site outside of the following hours 0830hrs to 2000hrs Mondays, Tuesdays, Wednesdays, Thursday, Fridays and 0830 to 1400 hours on Saturdays. There shall be a 15 minimum gap between individual customers attending appointments on the site.

Reason: To ensure that the development is undertaken in accordance with the application details and in the interest of protecting neighbouring living conditions.

C 3. The beauty therapy use hereby approved shall only be for the benefit of Mrs Caroline Etherington while she is resident at 38 Ballanawin, Strang, Braddan as defined in the application and no staff may be employed and/or work at the premises.

Reason: Although the specific details of this application and the visual appearance of the building have all been found acceptable, any change to its use will require fresh assessment.

C 4. The driveway shall be available for the parking of vehicles associated with the dwelling and the beauty therapy business, and shall remain free from obstruction at all times.

Reason: In the interest of highway safety.

Plans/Drawings/Information

This approval relates to the Site Location Plan; unnumbered Ground Floor and First Floor Plan; Application Form & Photographs) date stamped and received on 20th November 2018.

Customer note

This copy of the officer report reflects the content of the file copy and has been produced in this form for the benefit of our online services/customers and archive records.