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24/00343/C Page 1 of 4
PLANNING OFFICER REPORT AND RECOMMENDATION
Application No. : 24/00343/C Applicant : Ms Anna Kenna Proposal : Additional use of detached garden room as a salon (retrospective) Site Address : 84 Eary Veg Douglas Isle Of Man IM2 5LZ
Principal Planning Officer: Belinda Fettis Photo Taken : 08.05.2024 Site Visit : 08.05.2024 Expected Decision Level : Officer Delegation
Recommendation
Recommended Decision:
Permitted Date of Recommendation: 23.05.2024 __
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 26 of the Town and Country Planning (Development Procedure) Order 2019 and to avoid the accumulation of unimplemented planning approvals.
C 2. The use hereby approved shall only be for the benefit of Anna Kenna and in accordance with the details set out in the letter from the applicant date stamped the 26th March 2024 and indexed on the 26th March 2024.
Reason: The development hereby approved is only acceptable in this location because of the special circumstances of the applicant.
This application has been recommended for approval for the following reason. Due to the small scale capacity and private off-road parking capability the use of the garden shed by the applicant for home working as a beautician is considered acceptable. Overall the proposal is unlikely to cause adverse harm to the amenity of neighbouring residents and generally meets the aims and objectives of General Policy 2 of the Isle Strategic Policy (2016).
Plans/Drawings/Information;
This decision relates to the following detail, plans and drawings received on the 26th of March 2024;
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24/00343/C Page 2 of 4
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Interested Person Status - Additional Persons
None __
Officer’s Report
1.0 THE APPLICATION SITE 1.1 The application site is within the curtilage garden of a detached dwellinghouse comprising enclosed private gardens and private off-road parking. Due to the topography the house is on a ground level lower than the road. The specific location of the use is proposed within the south-west corner of the rear garden, accessed down the side of the house. Adjacent to no.84 Eary Veg is another detached dwellinghouse, no.85. Both dwellinghouses back onto a walkway that connects Cronk Liauyr with Tromode Park. The site is bound by mock timber panel with trellis above fence panels and posts in white.
1.2 Eary Veg is a cul-de-sac comprising detached bungalows of mixed design style and similar scale. Access is from Cronk Liauyr.
2.0 THE PROPOSAL 2.1 The submitted plans and detail are: o Proposed floor plan showing dimensions of 3660mm x 3160mm Supporting letter states: o One customer at a time o Applicant has private parking o Noise limited to a dyson hairdryer. o No lighting proposed but is found necessary would be on a timer. o Operating no more than 8hours a day 5 days a week.
2.2 In email correspondence on the 22nd of May 2024 the applicant confirmed that the height of the outbuilding is 2460mm sitting upon decking that is 160mm from the ground level.
3.0 PLANNING HISTORY o 23/00274/B Creation of vehicle access and additional driveway, works to include the dropping of a kerb. Permitted. 3.1 There is other planning history but none considered to be materially relevant to the assessment of this planning application.
4.0 PLANNING POLICY 4.1 The site is not a Registered Building, is not in a Conservation Area and is not within the setting of either. The land is identified in the Isle of Man Strategic Plan as land Predominantly Residential.
4.2 There is no specific policy relating to conversion of outbuildings in domestic gardens for the purpose of working from home. Within the Strategic Plan General Policy 2 is relevant to all applications and in this instance (g) does not affect adversely the amenity of local residents or the character of the locality.
5.0 REPRESENTATIONS
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24/00343/C Page 3 of 4
5.1 Copies of representations received can be viewed on the government's website. This report contains summaries only. 5.2 Highways: As a single person operation from home the proposal will have no significant negative impact upon highway safety, network functionality and/or parking. Recommend the salon is a single person operation (controlled via condition). 5.3 Douglas Borough Council: No objection.
6.0 ASSESSMENT 6.1 Being a business use (light industrial) within a Predominantly Residential Area, the proposal is contrary to the Development Plan however falls under 2(1)(c)(ii) of the Standing Orders (Planning Committee) where an application is proposed to run a business from a residential property where there is to be no-one else employed and there are no objections. The applicant is the only worker and no objections have been received therefore the application can be determined by delegation.
6.2 The building in which the activity is proposed has been constructed without the submission of a planning application therefore it is appropriate to consider whether the building is permitted development. Under Class 15 the Town and Country Planning (Permitted Development) Order 2012 permits the erection of one or more garden sheds or summer- houses within the curtilage of a dwellinghouse provided it meets the conditions (a) to (d). No part of the outbuilding is within 9metres of an overhead electric line, or the bank of a designated watercourse, or a highway, and is less than 15square metres, and does not exceed 2.8metres in height; measurement includes the decking. Therefore the proposal is permitted development.
6.3 Given the above the key considerations in determining the acceptability of this planning application are whether the use could cause undue harm to residential amenity.
RESIDENTIAL AMENITY 6.4 This application relates to a change of use between use classes as defined in the Town and Country Planning (Use Classes) Order 2019.
6.5 The application site is within the curtilage of an end terrace property and the use of the land and buildings is dwellinghouse, Use Class 3.3.
6.6 The applicant proposes to use the constructed building, garden shed, for one to one salon treatments. The activity of beauty treatments comes under the Schedule (Article 5), Part 1 - Shops and Some Services, 1 Class 1.1 - Shops, (e) hairdressing or the provision of beauty treatments.
PLANNING BALANCE 6.7 The activity of beauty treatments and hair dressing would not be out of place within a housing development. Post Covid-19 there has been an increase in numbers of people working from home which has led to rooms or garden sheds/outbuildings within the curtilage of dwellinghouses being converted for use as an office / space to work from home. Working from home has become acceptable and increased. To all intense and purposes the applicant proposes to make the shed the office and work from home.
6.8 The applicant has stated that there would be no more than one customer at a time to limit the risk of overlap. The small scale of the building adds to the capacity of the activity. The site is associated with 84 Eary Veg which has off-road capacity to park more than one vehicle, subject to size, and there is capacity for on street parking. Customer stays are likely to be short and because of the network of walkways and roads customers might also arrive on foot, or via bicycle.
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24/00343/C Page 4 of 4
6.9 There is potential for noise and smells from the treatment room however given the scale these are considered to be minimal and if a nuisance arose it could be managed through other relevant legislation.
6.10 Therefore on balance the proposal is considered acceptable.
7.0 CONCLUSION 7.1 The proposed use of the garden shed as a salon room with the sole worker being the applicant with a maximum of one customer at a time is unlikely to cause harm to residential amenity of neighbouring properties. The garden shed is within the curtilage, there is limited opportunity for overlooking and the site has capacity for the activity. Overall the proposal is considered acceptable in meeting the aims and objectives of the Isle of Man Strategic Policy (2016), and is recommended for approval.
8.0 INTERESTED PERSON STATUS - check using the correct one against the TEMPLATE ABI GAVE YOU 8.1 By virtue of the Town and Country Planning (Development Procedure) Order 2019, the following persons are automatically interested persons:
a) the applicant (including an agent acting on their behalf); b) any Government Department that has made written representations that the Department considers material; c) the Highways Division of the Department of Infrastructure; d) Manx National Heritage where it has made written representations that the Department considers material; e) Manx Utilities where it has made written representations that the Department considers material; f) the local authority in whose district the land the subject of the application is situated; and g) a local authority adjoining the authority referred to in paragraph (f) where that adjoining authority has made written representations that the Department considers material.
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 above who should be given Interested Person Status. __
I can confirm that this decision has been made by a Principal Planner in accordance with the authority afforded to that Officer by the appropriate DEFA Delegation and that in making this decision the Officer has agreed the recommendation in relation to who should be afforded Interested Person Status.
Decision Made : Permitted
Date: 23.05.2024
Determining officer
Signed : C BALMER
Chris Balmer
Principal Planner
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