DEC Officer Report

Application No.: 19/01133/B Applicant: Mrs Johanna Martin-Edge Proposal: Removal of a rear doorway (retrospective) and additional use of guest house as a spa Site Address: Knock Rushen House Scarlett Castletown Isle Of Man IM9 1TA Principal Planner: Miss S E Corlett Expected Decision Level: Planning Committee Recommended Decision: Permitted Date of Recommendation: 18.11.2019 _________________________________________________________________

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 spa may be open for business only between the following times: Monday 1000 1500hrs, Tuesdays and Wednesdays 1000 - 1800hrs, Thursdays and Fridays 1000 - 2100hrs and Saturdays and Sundays 1000 - 1700hrs.

Reason: to reflect what is proposed in the application and to control the amount of additional traffic using Queen Street.

• C 3. This approval relates only to the use of the area shown in the application as a spa, for the delivery of beauty-related therapies and treatments and not for any other purpose.

Reason: to clarify the intention of the approval and to prevent the space being used for other purposes within the same Use Class.

Plans/Drawings/Information; This approval relates to drawing 304-01 received on 9th October, 2019.

Interested Person Status

Additional Persons

None _____________________________________________________________________________

Officer’s Report

THIS APPLICATION IS REFERRED TO THE PLANNING COMMITTEE AS THE DEVELOPMENT COULD BE CONSIDERED TO BE CONTRARY TO THE DEVELOPMENT PLAN

THE SITE

1.1 The site is the curtilage of Knock Rushen House, a large, detached house situated at the south western end of Queen Street. The house has three storeys of accommodation, an open area to the south which has had planning approval for a dwelling (see planning history) and an open, hard surfaced area in front. THE PROPOSAL - 2.1 Proposed are minor alterations, removing a door and the use of part of the ground floor as a beauty spa. This will be operational 7 days a week at different times - Monday 1000 1500hrs, Tuesdays and Wednesdays 1000 - 1800hrs, Thursdays and Fridays 1000 - 2100hrs and Saturdays and Sundays 1000 - 1700hrs. Up to 4 staff will be employed and with no more than 8 clients in the spa at any one time. The applicant does not appear to live on the site.

2.2 The floor layout shows a lounge, hair and beauty room, changing room and toilets and a treatment room which has two treatment couches. The applicant has explained that the spa is intended to complement the guest accommodation already been offered at the site and which is intended to be expanded (see paragraph 2.4 below). - 2.3 There is parking for at least thirteen vehicles in the area in front of the dwelling. - 2.4 No floor plans are provided other than of the existing and ground floor: the existing use is described as a guest house. No planning approval has been granted for this although planning approval is not required for the operation of a bed and breakfast where no more than three bedrooms are used as such. Online advertisements suggest that there are nine guest rooms available for rent. The applicant has indicated that they will be applying for this use in due course.

PLANNING POLICY

3.1 The site is designated as Predominantly Residential on the Area Plan for the South adopted in 2013. The proposed use would introduce a leisure use to the property which is not entirely in keeping with a residential designation although the Department has approved a range of beauty-related uses within residential properties in recent times - 19/01031/C - Lakeside View in Douglas, 19/00827/C (Bretney, Jurby), 19/00800/B (North View, Peel), 18/01214/C (Ballanawin, Braddan), 18/00876/C (Glen Vine Park), 18/00744/C (Ballachurry Avenue, Onchan), 18/00057/C (Castlemona Avenue, Douglas), 17/00199/C (Cooil Breryck, Ramsey). What is proposed here is on a larger scale than these and where the operator does not live on site. 3.2 The Area Plan for the South includes the following which are considered relevant:

• 2.1.8 The key elements of the Island Spatial Strategy for the South are: o Regeneration within Castletown, Port St Mary and Port Erin to create further housing, employment and leisure opportunities in keeping with the scale of the settlements.
• 3.3 There are no policies within either the Area Plan for the South or the Strategic Plan which guide beauty-related developments. Such uses are generally considered to be sui generis as

they fall somewhat between a shop in which hairdressing is included, and health services. In the revision of the existing Use Classes Order, this sort of use will be included in the definition of a shop along with hairdressing although this does not come into effect until 1st January, 2020. Uses which attract day to day callers are generally directed to the town centre - in this case, Castletown by paragraphs 9.3.3 and 9.3.4 and Business Policies 7, 9 and 10, where it is explained that such locations are accessible to all members of the community, the activity and range of services contribute to the vitality and success of the centres and the investment in property can be used to renew ageing fabric of town centre buildings, particularly relevant to Castletown's town centre which comprises a Conservation Area and many buildings which are Registered. However, the Plan also supports the growth of employment opportunities (Business Policy 1) and Community Policies 1 and 2 support the provision of new community facilities including small shops and meeting places and local halls being provided where they are located to serve the local population and be accessible to non-car users and should where possible reuse existing vacant or under-used buildings.

3.4 The Strategic Plan sets out parking standards and requires that development makes adequate provision for car parking in association with a proposed development (Transport Policy 7). The parking standards have various uses which are similar but none relating specifically to this sort of facility in this location. A pragmatic approach would be to consider the number of people likely to be at the premises at any one time and to ensure that there is sufficient car parking available given that Queen Street is not suitable for on street car parking due to its width and natural characteristics. PLANNING HISTORY - 4.1 The property has been subject to a number of applications for alterations and ones for the addition of dwellings on the site (08/00706/A, 10/00898/B and 12/00909/A). The land to the rear has been developed for residential purposes in the form of the Knock Rushen housing estate.

4.2 A number of applications were refused for the conversion of the existing dwelling into 12, 9 and 6 units - all rejected due to concerns about increases in the use of Queen Street and inadequate visibility for drivers emerging from the site (04/02404/A, 02/01715/A and 05/01129/A) REPRESENTATIONS - 5.1 There are no representations on the file at the time of writing. ASSESSMENT - 6.1 The issue in this case is whether the proposed use is appropriate outside the town centre and in a residential area; whether a proposed commercial use would have any adverse impact on the living conditions of those in nearby properties or on highway safety through the inadequacy of parking provision or additional traffic using Queen Street. Principle of use

6.2 The provision of beauty services is best located in a town centre where such uses can add to the range of services and attractions which make the town centre vital and viable in attracting customers. However, it is clear from the other approvals cited above that this can be acceptable in residential properties. In this case there are more facilities proposed than would usually be the case with a single room in a dwelling but the dwelling is clearly larger than a usual domestic dwelling and is likely to be used for more than just a residential property - in this case guest accommodation for at least three of the bedrooms. It is not uncommon for tourist accommodation to offer additional facilities and indeed Department for Enterprise are encouraging in their Destination Management Plan 2016-2020, the development of family holiday centres providing flexible accommodation and a range of on-site leisure and entertainment facilities and the focus on providing a quality product and visitor experience.

• Impact on neighbours
• 6.3 The properties immediately alongside the dwelling do not share the same access as they all have access from Scarlett Road. As such, the additional comings and goings will not affect the surrounding properties and the business is contained within the building with the parking on the other side of the house to the Knock Rushen properties and separated from 17, Scarlett Road by a pedestrian walkway and substantial walls. As such, it is not considered that there will be an adverse impact on those in neighbouring properties. Highway impact
• 6.4 The guest house has up to nine rooms and there is permanent residential accommodation within the property. The spa could involve four members of staff and up to eight clients at any one time. This results in a maximum car parking requirement of twenty three spaces. However, the nine guest bedrooms do not have planning approval and the accommodation of the additional nine spaces will be a matter for that application. As existing, the proposal will result in a need for three spaces for the three guest bedrooms, two for the dwelling and up to twelve for the spa - a total of seventeen spaces. However, the guest rooms could be operated without the need for any additional parking to be provided and as such, this number could reasonably be reduced to 14 spaces which could be accommodated on site as there are two garaged parking spaces in addition to the thirteen or so on the hard surfaced front area. It may well be that some customers share a vehicle to come to the premises.
• 6.5 Queen Street is narrow and it is the only means of access to Scarlett peninsula and is well used. However, it is not considered that the traffic generated at the prescribed times in association with the proposed use would be unacceptable relative to the overall level of traffic on this highway and given the size of the property and the traffic which it could generate regardless of the proposed spa.
• 6.6 Whilst the applications for running a beauty business from home usually relate to one or two rooms within an existing house with one client at a time, these applications generally relate to three or four bedroomed dwellings not such a large house as is the case here. The house is unusually large and previous attempts to subdivide it have been unsuccessful. Whilst the use would increase the amount of traffic using Queen Street and the access, this will be only at certain times of particular days and as such is not considered to be objectionable in the same way that were the previous applications for subdivision of the house.

CONCLUSION

7.1 The proposal is not considered to have any adverse impact and 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 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 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:…16.12.2019

Signed :…………S 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

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