26 April 2024 · Acting Head of Development Management (Abigail Morgan); Correction Notice signed by Director of Planning and Building Control (J Chance)
5, Ballaughton Park, Saddlestone, Douglas, Isle Of Man, IM2 1la
The proposal involves changing the use of a single ground floor bedroom in an end-terrace three-storey dwelling to a small-scale photography studio operated by the resident only, with hours from 9am to 6pm and one client at a time.
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The officer assessed the principle of development in a 'predominantly residential' area, noting it does not fully comply with land use zoning under Strategic Policy 9 and Business Policy 10, which dir…
General Policy 2
Requires consideration of development control criteria including amenity of local residents, character of locality, and parking/access/highway safety. Officer found no visual impact, minimal disturbance to neighbours, and adequate parking compliant with policy despite residential zoning.
Business Policy 1
Encourages growth of employment opportunities throughout the Island. Small home-based studio by residents supports this by enabling business growth potentially leading to town centre relocation.
Business Policy 7
Relevant to business uses; officer concluded overall compliance with proposal's limited scale and controls.
All new retail development (excepting neighbourhood shops and those instances identified in Business Policy 5) sited within the town and village centr
Directs retail to town/village centres; non-compliant with residential zoning but small scale with negligible trade diversion impact justified exception.
Business Policy 10
Restricts retail outside centres; single-employee studio unlikely to cause material harm.
Transport Policy 7
Requires parking per Appendix 7.6 standards (2 spaces residential +1 for business); site has garage, front space, and bay, kept accessible by condition.
Time limit
The development hereby approved shall be begun before the expiration of four years from the date of this decision notice.
Resident-only operation, no staff
The use hereby approved shall only be for the benefit of the resident of the dwelling 5 Ballaughton Park and no staff may be employed and/or work at the premises.
No advertisements without consent
Notwithstanding the provisions of the Town and Country Planning (Control of Advertisements) Regulations 2013 (or any Regulations revoking and/or re-enacting those Regulations with or without modification) no advertisement on or within 5 Ballaughton Park may be displayed without the prior submission and approval of advertisement consent.
Use restricted to approved photography studio
Notwithstanding the provisions of the Town and Country Planning (Use Classes) Order 2019 or Town and Country Planning (Change of Use) (Development) (No. 2) Order 2019 or any order amending, revoking or re-enacting these Orders, the building hereby approved shall be used only for the purpose hereby approved (photography studio) and shall not be used for any other purpose within Use Class 1.1 without the express grant of planning approval from the Department.
Operating hours 9:00-18:00
The business shall not operate outside of the operational hours stipulated in the application. Opening Hours: 9:00 to 18:00
Studio limited to area on Drawing 02P
The area of the building to be used for the photography studio shall be limited to that shown on Drawing No.02P, dated received 21st March 2024, forming part of the application and the use hereby permitted shall not extend into any other part of the premises.
Front garage parking space kept accessible
The proposed parking space in front of the garage, shall be accessible prior to the operation of the business and not be used for any other purpose other than the parking of vehicles associated with the development and shall remain free of obstruction for such use at all times unless otherwise approved in writing by the Department.
no significant negative impact upon highway safety, network functionality and/or parking, subject to the proposals being restricted to a single person operation via condition. The proposals appear of a small nature and there is parking within the site and a parking bay space on the cul-de-sac.
no objections.
Highway Services HDC and Douglas Borough Council both raised no objections to application 24/00189/C, with Highways recommending a condition restricting the studio to single person operation.
Highway Services HDC
Conditional No ObjectionAfter reviewing this Application, Highway Services HDC finds it to have no significant negative impact upon highway safety, network functionality and/or parking, subject to the proposals being restricted to a single person operation via condition. The proposals appear of a small nature and there is parking within the site and a parking bay space on the cul-de-sac.
Conditions requested: proposals being restricted to a single person operation via condition
Douglas Borough Council
No ObjectionDouglas Borough Council has no objections.
