179754 — 19/00800/B | Planning Portal IoM | Isle of Man Planning Portal

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                                      19/00800/B                                     Page  1  of  8

PLANNING OFFICER REPORT AND RECOMMENDATIONS

Application No. : 19/00800/B Applicant : Miss Olivia Berry Proposal : Widening of vehicle access and additional use of dwelling for use of business Site Address : 17 North View Peel Isle Of Man IM5 1DQ

Planning Officer: Mr Paul Visigah Photo Taken : 11.06.2019 Site Visit : 11.06.2019 Expected Decision Level : Planning Committee

Recommendation

Recommended Decision:

Permitted Date of Recommendation: 29.08.2019 __

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. The business use hereby approved is only for the provision of microblading treatments and shall only be carried out by Miss Olivia Berry and only whilst she is resident at 17 North View, Peel, and no other staff may be employed and/or work at the premises. Upon the cessation of occupation by Miss Olivia Berry the use for provision of microblading treatments hereby permitted shall cease.

Reason: This permission is granted exceptionally and the Department wishes to have the opportunity of exercising control over any subsequent use in the event of the applicant ceasing the use hereby permitted.

C 3. The business use hereby approved shall not commence until the front section of wall has been removed as shown on plan entitled, "Proposed Plan" date stamped as having been received on 17.07.19 and retained as such for the duration of the business use. The parking areas shown on the Proposed Plan shall not be used for any purpose other than the parking and turning of vehicles associated with the development and shall remain free of obstruction for such use at all times.

Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety.

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N 1. The owner/occupant of the site is reminded that any widening of the access may until such a time that a S109a agreement has been agreed with the Department of Infrastructure under separate highways legislation.

Plans/Drawings/Information;

This approval relates to the Location plan, Visibility Envelope Map, Visibility Splay Details, Existing Plan, Proposed Plan, Written Statement and Photographs date stamped and received 17 July 2019.

Interested Person Status - Additional Persons

None __

Officer’s Report

THIS PROPOSAL COULD BE CONSIDERED CONTRARY TO THE DEVELOPMENT PLAN BUT IS RECOMMENDED FOR APPROVAL

THE SITE 1.1 The site is the curtilage of an existing property at 17 North View, Peel, which sits on the corner of North View and Links Close which ends in a cul-de-sac. The property has two storeys of accommodation; the ground floor serves as the living space for the dwelling while the first floor is being used as a storage space for the dwelling. There are two parking spaces within the curtilage of the dwelling. Attached to the rear of the property is a conservatory and garden room.

THE PROPOSAL 2.1 The application seeks approval for the widening of vehicular access and additional use of dwelling for use of business.

2.2 No external alterations are proposed in what will consist of a change of use of part of the dwelling, namely a Microblading treatment business. In this respect, the ground floor garden room would be utilized as a treatment room and waiting room with access from the rear of the property. The remainder of the house, including the two main bedrooms and conservatory would remain in residential use.

2.3 The applicant indicates that she will be the sole operator of this business envisaging 2 - 3 clients per day with the treatment hours not exceeding three hours. The services will be provided on Mondays to Fridays (10.00 - 15.30) and Saturdays (12.00 - 15.30) with varying work periods and no work being undertaken on Sundays. There will only be one client at any one time with a minimum of 45 minutes between clients. This will ensure that there will always be space for one client's vehicle and never anyone waiting. The applicant has also stated that there are three public car parks within 2 - 7minutes walk to the application site which her clients will have access to.

2.4 Other than the removed of part of the front boundary wall, there are no proposed changes to the existing parking arrangements as the overhanging bushes and a rotten wooden flower patch on the boundary with No. 35 North View has been removed to free up the additional parking space on site. The changes have also created sufficient space for pedestrians to walk to the entrance of the property even when two cars are parked on the site.

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PLANNING POLICY 3.1 The site lies within an area designated on the Peel Local Plan of 1989 as 'Predominantly Residential'. The site is not located within a conservation area. Therefore, the following policies of the Isle of Man Strategic Plan 2016 are considered relevant in the assessment of the proposed use for business purposes.

3.2 Business Policy 1: The growth of employment opportunities throughout the Island will be encouraged provided that development proposals accord with the policies of this Plan.

3.3 Paragraphs 9.3.3 and 9.3.4 of the Strategic Plan 2016 provide key considerations that will be considered in the assessment of the application. Paragraph 9.3.3 states that: The Department has supported the location of offices in town and village centres for several reasons: (a) such centres are accessible to all members of the community, staff and visitors alike; (b) the activity and range of services contribute to the vitality and success of the centres; and (c) the investment in property can be used to renew the ageing fabric of our town centre buildings.

9.3.4 There are exceptions to this general approach: (c) working from home; where this does not result either in staff being employed or in day to day callers, there need be no detriment to the residential area, and there should be less travelling involved; this is also one way of encouraging the formation of new local businesses.

3.4 General Policy 2 deals with development which is in accordance with the land use zoning. Whilst the proposal does not strictly comply with this, the points set out under General Policy 2 are general principles that a development should consider.

3.4.1 General Policy 2 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: (c) does not affect adversely the character of the surrounding landscape or townscape; (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, and (i) does not have an unacceptable effect on road safety or traffic flows on the local highways.

3.5 Transport Policy 7: The Department will require that in all new development, parking provision must be in accordance with the Department's current standards.

3.6 Appendix A.7.6 of the Isle of Man Strategic plan 2016 stipulates that, for a typical residential development, two (2) spaces should be provided per unit, at least one of which is retained within the curtilage and behind the front of the dwelling.

3.7 Section 11.4 of Manual for Manx Roads: Allocated and Unallocated Parking 11.4.1 The allocation of spaces to individual dwellings can have an adverse impact upon the efficiency of car parking provision. Allocated parking spaces include any spaces within the curtilage of a property (e.g. garage or driveway parking) and any spaces in communal areas where the space is reserved for one particular property.

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11.4.2 On-street spaces upon public highways are always unallocated. However they can be reserved for a particular purpose such as disabled persons or residents' parking through the making of relevant Traffic Regulation Orders. The costs associated with making such Orders will need to be funded by the developer.

PLANNING HISTORY 4.1 The application site has been the subject of six previous planning applications. However, only one prior application is considered to be specifically material in the assessment of the current application.

4.2 Construction of conservatory, 17 North View, Peel - 89/01572/B - APPROVED This conservatory now serves as the garden room which will be used as the treatment room and waiting area for the proposed additional use of the dwelling for operation of the microblading business.

REPRESENTATIONS Copies of representations received can be viewed on the government's website. This report contains summaries only. 5.1 Department of Infrastructure (DOI) Highways Division although consulted on 26 July 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.

5.2 Manx Utilities Authority although consulted on 26 July 2019, has not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.

5.3 Peel Town Commissioners although consulted on 26 July 2019, have not commented on this application at the time of drafting this report, and so it is assumed that there are no objections to the application.

ASSESSMENT 6.1 The key considerations in the determination of the application are: (i) principle of development, (ii) impact on residential amenity of the dwelling (iii) impact on highway safety and capacity of the road, (iv) impact on residential amenity of neighbouring properties, including the result of vehicular movements and parking.

6.2 When considering the application, 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. In fact the Department's Permitted Development Order (2012) 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 use does not comply with the land use designation; this is not an automatic reason to refuse the application in this case.

6.3 In terms of the use of the ground floor as a business place and as living accommodation, there are no concerns. Concern may arise if there was a singular entrance to the property. However, there exists a rear entrance which connects to the side entrance at the front elevation of the dwelling that will allow visitors to the business to gain access to the business area without impacting on the residential use for the dwelling.

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 and observations during the site visit, the site has two parking spaces. The on-street parking within the street will be available for use by the

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business during the working periods which ends at about 3.30pm, although these spaces are unallocated and as such are supply dependent. It is also noted that there are public parking spaces within 2 - 7 minutes' walk from the application site which the applicant has indicated that she would encourage her clients to take advantage of when necessary.

6.4.2 From the site observations, the time of operation would ensure that there are parking spaces available to clients who visit the business on the on-street parking provision along the street without impacting on the supply to the neighbouring dwellings who rely on these parking spaces when they return from work since the common parking arrangement for dwellings along North View is the available on-street parking. Besides, the applicant has insisted that there will always be an additional parking available on site as only one of the parking spaces will be utilised by the household during the operations of the business. Based on the foregoing, it can be concluded that the operations of the business will have limited impacts on parking provisions on the street if one of the parking spaces on the application site is available to the business during its operational periods.

6.5 Generally speaking, the concern in respect of neighbouring living conditions with businesses such as this operating from home is the impact of the disturbance that would result from that use. This disturbance can relate to both traffic movements and also the noise or odours arising from the use itself. The second matter is unlikely to be a concern given the nature of the business. As well, the impact on parking conditions would not be a concern if the proposed parking plan is maintained and as such this would be maintained via the recommendation of an applicable condition. This will ensure that the parking does not impact on neighbouring amenity.

CONCLUSION 7.1 It is considered that the proposal would have a neutral impact on the appearance and character of the dwelling, with negligible impacts on parking provisions and as such it is supported.

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 Planning Committee 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 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:...09.09.2019

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Signed :...P VISIGAH... 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

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.

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                                      19/00800/B                                     Page  7  of  8

PLANNING COMMITTEE DECISION 09.09.2019

Application No. :

19/00800/B Applicant : Miss Olivia Berry Proposal : Widening of vehicle access and additional use of dwelling for use of business Site Address : 17 North View Peel Isle Of Man IM5 1DQ

Planning Officer : Mr Paul Visigah Presenting Officer As above

Addendum to the Officer’s Report

The Planning Committee considered the application and agreed with the recommendation to approve the application subject to an additional condition being attached:

The use hereby approved shall not operate outside the hours of 10.00 to 17.00, Mondays to Saturdays, and shall not operate on Sundays.

Reason: To ensure that there is sufficient on-street parking during the business operational hours in the interest of the amenities of the residents of neighbouring dwellings.

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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Reason: To ensure that sufficient provision is made for off-street parking in the interests of highway safety.

C 4. The use hereby approved shall not operate outside the hours of 10.00 to 17.00, Mondays to Saturdays, and shall not operate on Sundays.

Reason: To ensure that there is sufficient on-street parking during the business operational hours in the interest of the amenities of the residents of neighbouring dwellings.

Plans/Drawings/Information

This approval relates to the Location plan, Visibility Envelope Map, Visibility Splay Details, Existing Plan, Proposed Plan, Written Statement and Photographs date stamped and received 17 July 2019.